Privacy policy

The present privacy policy was last updated on September 25, 2023.

Introduction

Bionest Technologies Inc. and its subsidiaries ("Bionest") encompass all of Bionest's activities. Bionest Technologies Inc. oversees Bionest's operations in Canada, the United States, the Middle East, and the Caribbean. Its activities in Europe are led by its subsidiary Bionest France SAS. In Central and South America, its operations are conducted by its subsidiary Bionest Costa Rica SA. Founded in 1999 in Shawinigan, Bionest is a Quebec-based company dedicated solely to the development of domestic wastewater treatment solutions. Bionest serves residential, commercial, municipal, and community clients and is internationally recognized for its innovative technology developed in Mauricie, Quebec. Its superior quality systems protect the environment and ensure the sustainability of the water resource.

At Bionest, we understand that the protection of your personal information is important to you. For this reason, we have taken measures to protect all the personal information you provide to us, through administrative processes and rigorous security mechanisms designed to ensure that your information remains confidential and is strictly used for the purposes described in this policy.

Bionest is committed to transparency with its customers regarding the processing of their personal information. To this end, this policy (the "Policy") outlines Bionest's practices regarding the protection of personal information, the types of personal information collected, and how they are collected, used, disclosed, hosted, and secured. It outlines the rights and obligations that meet the requirements for the protection of personal information provided to Bionest, so you can make informed and wise choices. It aims to establish responsible and transparent personal information management methods and comply with the requirements set out in the rules established under applicable laws and regulations on the protection of personal information.

We ask you to read this Policy carefully to understand our policies and practices regarding the collection, processing, and storage of personal information or any other information to give us your informed consent if necessary.

Application and Scope

In general, the Policy applies to personal information (as defined in the Definition section below) that Bionest or its agents collects from Bionest's clients and other individuals with whom it deals, including potential clients, users of Bionest's services, or any other person designated in relation to an account, or about such clients and persons, in any form whatsoever. Whenever you deal with Bionest, participate in a contest or promotion organized by Bionest or one of its agents, or contact us in any way, you are protected by the rights and security mechanisms described in this Policy, and you must give your express consent to it before otherwise participating in contests or promotions, or otherwise contacting us in any way.

The Policy also governs personal information collected from users of Bionest's website and the Bionest Customer Space. It explains how we use and disclose the personal information we collect from people who visit our website and contact us in other ways through the website www.bionest.ca (the "Website") or the website app.bionest.ca (the "Customer Space"). It also explains how we use cookies and similar technologies.

Definition of the term "Personal Information"

When used in this policy, the term "Personal Information" refers to any information about an identifiable person, including information that can be used alone or with other information to identify, contact, or locate a single person. This may include, for example, your name, contact information, email address, information about your customer file with Bionest, including your identity, as well as information about your solvency, banking information, billing history, file history, and complaints recorded in your file. Personal information may also include other types of more technical information, such as user identifiers, but only if this information can identify you.

Personal Information Collected

The personal information we collect may include, but is not limited to:

• Your contact information such as your name, first name, email address, postal address, and phone number to identify and correspond with you, answer your questions and requests;
• Your login and usage information for the Website or the Customer Space, such as the date of your registration, your username, password, IP address, information about your browser or device used;
• Your banking, transactional, credit card, or any other financial data when a payment is made. This information will be collected and processed by a third party in accordance with industry standards (PCI) and will not be collected or used by Bionest;
• Your personal information about your domestic wastewater treatment system, your file history, and complaints recorded in your file;
• Your information about your situation (personal, family, financial, or legal information) that you may share with us as part of your use of the Website or the Customer Space, or otherwise in the context of a consultation;
• Technical information about your use of the Website or the Customer Space, such as your login information, your dates of use of the Website or the Customer Space, your geolocation, the type and version of your web browser, timezone settings, operating system used, screen resolution, location, language settings used in browsers, and information about your internet connection, equipment used to access the Website or the Customer Space, submitted content, and certain details about your usage;
• Technical information about your interactions with the Website or the Customer Space, such as pages visited, click paths to, through, and from the Website or the Customer Space, times of your interactions, searched content, page response times, errors on the Website or the Customer Space, duration of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse hovers), methods used to exit the page;
• When using the Website, you may be invited to participate in customer satisfaction surveys where we may collect your postal code or any other information relevant to the survey; and
• Any other personal information you have provided to us.

Collection of Personal Information

Directly from You

Generally, we collect the Personal Information we need directly from you, for example, when you fill out the Customer Space registration form, provide Personal Information on the Website, communicate with us, or use our services, the Website, or the Customer Space. For more information about information collection through cookies, please read the "Use of Cookies" section.

With Your Consent

We generally collect your Personal Information with your consent unless applicable law provides an exemption to this principle (for example, to comply with our legal obligations when necessary to establish, exercise, or defend legal claims or judicial proceedings).

Through One of Our Professionals, With Your Consent

When you obtain our services, our professionals may ask you for Personal Information as part of providing their service or otherwise completing your file. They may collect this Personal Information with your consent.

Through Third Parties

We may obtain some of your relevant Personal Information through third parties. These third parties will have obtained the necessary consents from you to allow them to share the relevant Personal Information with us.

Refusal to Collect and Withdrawal of Your Consent

You have the right, if you wish, to refuse the processing of your Personal Information. You can also, at any time and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent (if any) to the processing of your Personal Information in our possession by contacting us. However, you should be aware that choosing not to provide us with your Personal Information may prevent you, for example, from using the Customer Space, as some of this information is essential for such use. You can contact us as indicated in the "Contact Us" section for any questions regarding this matter.

Use of Personal Information

For Specific and Limited Purposes

Bionest generally collects your Personal Information for the purposes listed below (collectively the "Purposes"):

• establish, maintain, and preserve its business relationships with its clients and other individuals with whom it deals;
• create, establish, and administer its clients' accounts and respond to inquiries from clients or suppliers;
• provide the products or services it offers or receive the products or services it requires and ensure that all related operations are supported and implemented;
• verify the identity of clients who contact it by phone, electronically, or otherwise and protect their personal information;
• provide necessary training and ensure internal quality;
• comply with obligations under laws and regulations and ensure the ability to fulfill contractual requirements related to the products and services it provides to its clients;
• ensure its records are accurate and protect its clients and itself against errors and fraud;
• understand and assess the interests, expectations, and needs of its clients to improve its products and services and launch new ones;
• provide personalized products and services or recommend products to its clients;
• subject to the right to withdraw consent provided by this policy to its clients, conduct surveys on the quality of its products, services, or after-sales service, or provide its clients with additional products and services that it believes may interest them or meet their needs.

For the Administration of Our Business

We may use your Personal Information for reasons related to our business and the proper management of our administration. Specifically, we may use your Personal Information as follows:

• To fulfill our obligations and enforce our rights arising from any contract we may have with you, including billing and collection, or to comply with legal requirements; and;
• To ensure the security of the Website or the Customer Space.

In the Context of Recruitment

If you have applied for a job with Bionest, the Personal Information you have provided will be used for recruitment purposes and other usual human resources management purposes. For example, we may inform you of new job opportunities within Bionest.

To Send You Messages

We may use your Personal Information to communicate with you in various circumstances (sending newsletters, emails, news, updates, written communications, etc.) (the "Messages"), including:

• To inform you of new versions of products or services, our new partnerships, and other key information about our services, the Customer Space, or the Website;
• To inform you of changes to the Customer Space or to any product or service we offer or provide, directly or through it.

You can choose not to receive the Messages as indicated in the "Contact Us" section or through the unsubscribe link included in the Messages. However, Bionest may continue to send you Messages to inform you of available upgrades, critical technical issues related to the Customer Space, or to provide important information about your account (if applicable).

For Any Other Purpose Compatible with the Purposes

With your explicit consent, we may use your Personal Information for any other purpose compatible with the Purposes. Unless required or permitted by law, Bionest does not collect or use Personal Information for other or new Purposes without obtaining your express consent for those Purposes.

Your Consent

Bionest may ask individuals to consent to the collection, use, or disclosure of Personal Information through various means: verbally or in writing, including through contracts, forms, and printed or electronic communications. The consent form used by Bionest varies depending on the sensitivity of the Personal Information, the reasonable expectations of the individuals concerned, and the obligations or standards established by law.

In general, by subscribing to Bionest's services, using the Website or the Customer Space, or providing us with Personal Information in the course of using them, you will be required to consent to the collection, use, and disclosure of your Personal Information as outlined in this policy.

In certain circumstances, under applicable laws, it is possible to collect, use, or disclose Personal Information without the consent of the individual concerned, for example:

• it is clearly in their interest to do so, and it is not possible to obtain their consent within the required time, such as in an emergency situation where their life, health, or safety is at risk, or for legal, medical, or security reasons, it is not possible or practical to obtain their consent;
• the information is collected, used, or shared to detect or prevent a breach of a contract, fraud, or other illegal activity, or to remedy it, and obtaining consent would be contrary to the intended purpose;
• in the context of debt collection;
• it is necessary to comply with a subpoena, warrant, or other order issued by a court, or it is permitted or required otherwise by law or a competent regulatory body.

To learn about how Bionest may share your Personal Information, please refer to the "Sharing of Personal Information" section of this Policy.

Right to Withdraw Consent

You can withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice; however, without such consent, Bionest may limit the services or products it can provide to its clients. To withdraw your consent, please contact us by email at info@bionest.ca with "Consent Withdrawal Request" as the subject.

Sharing of Personal Information

Bionest does not rent or sell any of your Personal Information to third parties and will not share it with third parties without your consent, unless required by law or for the reasons outlined below.

With Our Employees

In the course of their work, our employees may need to access your Personal Information, for example, when you contact us or request assistance. Their access is limited to what is necessary to perform their duties.

With Service Providers and Strategic Partners

Bionest may share your Personal Information with its service providers and partners to enable the provision of services, the Website, or the Customer Space, such as service providers necessary for the provision of our services, service providers for the evaluation, quality control of your account, for hosting the Website or the Customer Space, debt collection service providers (lenders, credit bureaus, credit providers, and credit rating agencies), or cybersecurity service providers. This may be an individual or entity whose services we have retained.

We strictly provide them with the information they need to provide the required services. They are prohibited from using the information for purposes other than providing the services we have asked them to provide, and from disclosing this information to third parties.

When Bionest engages third parties for the processing of any Personal Information, Bionest strives to implement commercially reasonable contractual and technical protections so that these third parties keep all Personal Information they process strictly confidential.

Please note that these third parties may be located outside your geographic location (province, territory, or country). In such cases, Bionest takes commercially reasonable measures, as outlined below in the "Hosting and Transfer of Personal Information" section.

When Required by Applicable Laws

We may also share your Personal Information if required by law or if we believe in good faith that such action is necessary to: (i) comply with the law; (ii) comply with the order of a competent judicial authority in any jurisdiction; (iii) comply with a judicial proceeding served on Bionest; (iv) protect and defend the rights or property of Bionest; (v) enforce or verify your compliance with any agreement you have entered into with Bionest, if any; (vi) prevent fraud or other illegal activity perpetrated through the services, the Website, or the Customer Space; or (vii) act in urgent circumstances to protect the personal safety of users of the Website, the Customer Space, or the public in general.

In such circumstances, Bionest protects the interests of its clients by making reasonable efforts to ensure that orders or notices comply with the laws under which they were issued or made, that it strictly discloses the Personal Information it is required to disclose, and that it only responds to requests for Personal Information made in proper form by government or law enforcement agencies. We do not inform our clients systematically when the law requires us to make such disclosures, but we respond to inquiries from our clients on this subject unless the law or a court order prohibits us. We may also disclose information to our accountants, auditors, agents, and lawyers in the exercise or protection of the rights recognized to us by law. We also reserve the right to report to law enforcement agencies activities that we believe, in good faith, are illegal or to disclose information to law enforcement and emergency service providers in emergencies or if required or permitted by law.

During a Business Transaction

We may share your Personal Information without your consent as part of the sale or transfer of a business or assets, a merger, a restructuring, or financing of certain parts of our business. In such circumstances, we may also share all or part of your Personal Information with the concerned third party (or its advisors) for the purpose of a due diligence process.

However, if the transaction is completed, your Personal Information will be protected by applicable laws. If the transaction is not completed, we will require the other party to undertake not to use or disclose your Personal Information in any way and to securely destroy or return it in its entirety.

To a Third Party Representing You

We may also disclose the personal information of our clients to a person whom we reasonably believe represents the client in question, for example, through a power of attorney.

For Other Purposes, With Your Consent

When you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific cases where additional conditions apply, and through them, we clearly state that specific third parties process your Personal Information.

Third-Party Services and Platforms

We may sometimes include links on the Website or the Customer Space to third-party sites or services that we do not control. If you click on any of these links, you will be directed to sites that we do not control. Please read the privacy policies of these sites, applications, or platforms that may collect Personal Information to understand their privacy policies and practices regarding the collection of Personal Information.

Hosting and Transfer of Personal Information

Bionest has taken necessary measures to prioritize the routing and storage of personal information exclusively within Canadian territory, except for the data of Bionest France and Bionest Costa Rica clients, which are stored in Canada, France, and Costa Rica.

For its clients in Quebec, your Personal Information may be kept by Bionest in regions other than the province of Quebec. Bionest may also subcontract the processing or storage of your Personal Information, or otherwise share your Personal Information with third parties located elsewhere, in regions other than the province of Quebec.

In all cases, we strive to limit access to Personal Information by third parties to what is necessary to perform the tasks assigned to them. Please be aware that we also make efforts to establish contractual agreements with these agents and service providers to ensure the confidentiality and security of your Personal Information. This may include the implementation of robust and effective security measures.

In all cases, Bionest will ensure that your Personal Information is adequately protected by technical, organizational, or other appropriate legal means. If you would like more information about these security measures, please contact us as indicated in the "Contact Us" section.

Retention of Personal Information

Personal Information will only be retained for as long as necessary for the accomplishment of the Purposes or as required by law. For example, we usually keep information about our clients as long as we need it to provide them with services and for a period of three years following the end of our business relationship with them, unless the law requires us to keep this information longer or in the event of a dispute or potential litigation.

At the end of this period, we strive to securely destroy or erase this Personal Information in accordance with relevant legal, regulatory, and contractual requirements.

To determine the appropriate retention period for your Personal Information, we take into account the amount, nature, and sensitivity of the Personal Information, the potential risk of harm arising from unauthorized use or disclosure of your Personal Information, the Purposes for which we process your Personal Information, and the possibility of achieving these Purposes by other means, as well as applicable legal, regulatory, tax, accounting, or other requirements.

If you would like more information on this or otherwise request the deletion of your Personal Information under this Policy, we invite you to contact us.

Children

We do not knowingly collect any personal information from individuals under the age of fourteen. If we learn that we have collected or obtained personal information from an individual under the age of fourteen without parental confirmation, we will delete this information. If you believe that we may have information obtained from a child or information about a child, please contact us using the contact information provided below.

Protection and Security of Personal Information

Bionest has implemented security measures to protect your Personal Information. The standard security measures we use depend on the type of information collected. However, Bionest uses electronic, physical, and procedural protection measures to safeguard your Personal Information. This includes the implementation of firewalls, site monitoring software, intrusion detection software, or any other deemed necessary measures.

We encourage you to be cautious when using the internet, which includes not sharing your access or passwords. If you believe that an unauthorized account has been created using your name, please contact us as indicated in the "Contact Us" section.

Use of Cookies

A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet, or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons and tracking pixels, may be used for similar purposes. In this Policy, all these tracking technologies are collectively referred to as "Cookies." Any Personal Information collected using Cookies by Bionest or on its behalf (if applicable) is treated with the same level of confidentiality as any other Personal Information held by Bionest.

Strictly Necessary Cookies

These Cookies are necessary for the operation of the Website or Customer Area and cannot be disabled in our systems. Strictly Necessary Cookies must be present so that the Website or Customer Area can perform basic functions and may include logging in, adding services to a cart, or electronic billing. They allow a user to navigate from one page to another without losing their previous actions in the same session.

Non-Essential Cookies

If you have consented to their use, Bionest and/or its third-party partners may also use Non-Essential Cookies in connection with the Website or Customer Area, including the following:

• Functionality Cookies (also known as "Preference Cookies"): These Cookies are not essential to the provision of our services. They allow for the customization and improvement of the user experience. For example, if you have consented to their use, these Cookies will retain your communication preferences.


• Performance Cookies (also called "Statistical Cookies" or "Analytical Cookies"): These Cookies are not essential to the provision of our services. If you have consented to their use, we use Performance Cookies to understand how you interact with the Website or Customer Area, to produce location reports, and to generate analysis reports on Website or Customer Area errors. Our partners may also use this type of Cookies to analyze your use of the Website or Customer Area and provide us with information about it. These Cookies are intended for statistical purposes only.

Disabling Cookies You Have Consented To

Except for Strictly Necessary Cookies, we will only place Cookies on your device if you consent to them, and these Cookies will be retained for a maximum period of 13 months from the time they are installed on your device. At the end of this period, your consent will be required again. You can also manage your Cookies by changing the settings of your browser or device. For more details on how to configure your browser, please refer to the help center of Chrome, Safari, Firefox, Internet Explorer, Edge, or Opera. However, if you choose to refuse Cookies, some pages or sections of the Website or Customer Area may not display correctly, or some features may no longer be available.

Your Rights

a) Access and Correction of Personal Information

Depending on your situation, it is important that the Personal Information we hold about you is accurate and up-to-date. Please keep us informed of any changes to your Personal Information. The law gives you the right to request access to and correction of the Personal Information we hold about you.

You can view and modify your Personal Information by logging into the Customer Area or by contacting us. If you wish to view, verify, correct, or withdraw your consent to the use of your Personal Information, you can do so by contacting us as outlined in the Policy.

We may ask you for specific information to help us confirm your identity and your right of access, and to provide you with the Personal Information we hold about you or make the changes you request. Applicable law may allow or require us to refuse to give you access to all or part of the Personal Information we hold about you, or we may have destroyed or erased your Personal Information in accordance with our legal, regulatory, and contractual obligations. If we cannot provide you with access to your Personal Information, we will explain the reasons, subject to any legal or regulatory restrictions, such as:

• Information protected by professional secrecy.
• Information that is part of an official dispute resolution process.
• Information about another person that would reveal their Personal Information or confidential business information.
• Information contained in your record:
  • Subject to applicable legal limits, you have the right to access your record as it is accessible by Bionest.
  • If you request a copy of your customer record, it will be provided to you for a reasonable fee.
  • You can request access to your record by contacting us.
  • Access to your record may be temporarily denied if providing it would likely reveal personal information about a third person or the existence of such information and disclosure could seriously harm that third person, unless the third person consents or in case of emergency threatening the life, health, or safety of the person concerned. We take reasonable steps to ensure that the information in your record is accurate. If you find inaccuracies, you can request that a note be made on the record indicating the inaccurate information.

b) Withdrawal of Consent

When you have given your consent to the collection, use, and disclosure of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us as outlined in this Policy. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service and/or you may no longer be able to access the Website or Customer Area. We will explain the consequences at that time to assist you in your decision.

c) Right to De-indexing

The right to de-indexing allows you to request that Bionest cease to broadcast your Personal Information or de-index any hyperlink attached to your name providing access to Personal Information if this broadcast causes you harm or violates the law or a court order.

d) Right to Data Portability

According to applicable laws, you may request that Bionest provide you with computerized Personal Information in its possession in the form of an intelligible written transcription and in a structured, commonly used, and technologically readable format. Alternatively, you can simply ask Bionest to confirm the existence of Personal Information about you. You can request that this Personal Information be communicated to any person or organization authorized by law to collect such information.

Bionest will only transmit to you the Personal Information it has collected from you and may exclude certain Personal Information under applicable laws (such as Personal Information it has created or inferred about you). Bionest also reserves the right to refuse such a request if it raises serious difficulties under applicable laws or if it is not required to do so under applicable laws.

e) Other Rights and Exercise of These Rights

According to applicable laws, you may hold other rights regarding your Personal Information that are not otherwise listed above. We invite you to write to us with this request and to provide us with relevant information about this right to allow us to assess its implementation.

To exercise any of your rights (to the extent available), please contact us as indicated in the "Contact Us" section.

Contact Us

Please submit your questions, concerns, comments, or complaints regarding this Privacy Policy or exercise any of the rights available to you under applicable laws by contacting our Chief Privacy Officer:

Chief Privacy Officer

Address: BIONEST, 55, 12th Street, P.O. Box 10070, Shawinigan (Quebec) G9T 5K7

Email: info@bionest.ca

Phone Number: 866 538-5662

Your request may be accepted or refused by Bionest in accordance with applicable laws. Bionest will take prompt corrective action when it becomes aware of any breach of this Policy. Bionest cannot be held responsible for any indirect, incidental, consequential, or punitive damages related to this Policy. You can file a complaint with the competent authority at any time if you believe that Bionest is not handling your Personal Information in accordance with this Policy or applicable laws.

Modification of the Policy

Bionest may, at its discretion, update, revise, modify, or supplement this Policy from time to time. Bionest regularly reviews and updates its policies and methods as needed to ensure compliance at all times with applicable rules, regulations, and standards, to account for new technologies, and to address customer concerns. Our Privacy Policy may therefore be subject to change. In such cases, we will post the modifications on our website, and if we make a significant change to the policy, we will prominently post notice of it.

Please note that the French and English versions of our Privacy Policy have the same legal value.