Privacy Policy

Last Updated: December 2019

TERMS OF USE

OVERVIEW
This Terms of Use applies to this website (the "Website"). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing, browsing and using this site means you accept these Legal Terms and Conditions, constituting a binding contract between you and MINI St. John’s (The Ultimate Driving Company Inc.), Capital Auto Group, MINI Canada Inc. or any affiliate, if applicable. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by MINI St. John’s. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to MINI St. John’s, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
 
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of MINI St. John’s. You may download, print, copy or transmit, solely within Canada, any portion of the Content on the Website for informational and non-commercial personal purposes only. Each copy of this Content must retain all copyright and other proprietary notices contained therein and the citation of the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of MINI St. John’s.
Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of MINI Canada Inc. and MINI St. John’s, or are used under licence by MINI St. John’s. No license to any MINI St. John’s intellectual property has been granted by your use of this Website. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
To obtain written consent for any of the above, please contact us at reception@MINIstjohns.ca.
 
REGISTRATION AND PASSWORDS
To access certain portions of the Website, such as booking vehicle maintenance appointments, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
 
As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify MINI St. John’s of any unauthorized use of your password or user name or any other breach of security.

USER CONDUCT
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to: a) e-mail, text, post, upload or otherwise transmit any material through the Website that: (i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party; (iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially ethnically or otherwise objectionable; or (iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; b) e-mail, text or otherwise transmit any material through the Website without the recipient’s consent; c) harvest or otherwise collect or store any information (including personal information) about other users of the website, including e-mail addresses, without the express consent of such users; d) for the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the website; e) impersonate any person or entity, including but not limited to, a MINI St. John’s employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; f) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means; g) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; h) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website; and i) facilitate or encourage any of the above conduct.
 
The foregoing is hereinafter referred to as the “Code of Conduct”.

PRODUCT DESCRIPTIONS AND TERMS OF PURCHASE
While we attempt to provide an accurate description of the vehicles and other products on this Website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our products and pricing. Prices and specifications including standard features, accessories, equipment, options and colours are subject to availability and inventory, and MINI St. John’s reserves the right to revise pricing and/or specifications at any time, without notice. Please see MINI St. John’s for more information on products and final pricing. Illustrations are representative only. MINI St. John’s will, subject to legal requirements, determine the Model Year designation of its vehicles. The Model Year designation on any particular model may be longer or shorter than twelve months. Models may be shown with features, accessories, equipment, options and/or colours not available in Canada, or available only at extra cost, or available only on particular models.

All of the information contained on this Website is for informational purposes only and in no way constitutes an offer to buy or sell MINI St. John’s vehicles. The purchase of any MINI St. John’s vehicle shall be subject to the terms and conditions of the applicable sale, lease, or financing contract.
 
Certain products may be available for purchase on this Website. PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
 
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by MINI St. John’s and Capital Auto Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from MINI St. John’s and that MINI St. John’s has no control over the content of such Websites. Consequently, MINI St. John’s cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.
 
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

FEES
MINI St. John’s provides the Website and related services at no cost. For mobile use, standard data, text message or other charges from your mobile carrier may apply. You are solely responsible for any costs incurred during your access and use of the Website and its services. Check with your mobile carrier for details on what charges may apply to you.

DISCLAIMER / LIMITATION OF LIABILITY
While MINI St. John’s makes all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, we do not assume any liability for the accuracy or completeness of information presented on this Website.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MINI ST. JOHN’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MINI ST. JOHN’S DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MINI ST. JOHN’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR SERVICES, EVEN IF MINI ST. JOHN’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

INDEMNITY
You agree to indemnify and hold harmless MINI St. John’s, Capital Auto Group, MINI Canada Inc., its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

PRIVACY
MINI St. John’s respects your right to privacy of your personal information. Please review our Website Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

CHANGES AND TERMINATION
MINI St. John’s reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, MINI St. John’s reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from MINI St. John’s to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.

APPLICABLE LAWS
These Terms of Use are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of St, John’s, Newfoundland and Labrador. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
 
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and MINI St. John’s with respect to the use of the Website, including the Content.
 
USE OF SOCIAL PLUGINS
One of the features of the Site is that a user has the ability to engage with social plugins (“plugins”) from the social network facebook.com and Instagram.com, which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").
 
When you access the Facebook and Instagram social plugin through our Site, your browser establishes a direct connection with the Facebook and Instagram servers. The content of the plugin (e.g. a “Like” button) is transferred by Facebook and Instagram directly to your browser, which then integrates it into our Site. The data that your browser sends to Facebook and Instagram includes your user ID, the website you're visiting, the date and time, and other browser-related information. If you are logged out of Facebook and Instagram, Facebook and Instagram does not receive your user ID.
 
You can find more information about Facebook’s privacy practices at http://www.facebook.com/policy.php. You can find more information about Instagram’s privacy practices at http://instagram.com/legal/privacy/



PRIVACY POLICY

Your privacy is important to MINI St. John's (referred to as "we" or "us" in this policy) and the purpose of this policy is to tell you what personal information we collect about you, how we use it, whether we disclose it to anybody else, how long we keep it, and how you can request access to your personal information or obtain more information about MINI St. John's privacy policies.

PERSONAL INFORMATION
Personal information means any information about you except your name, business title, business address, business e-mail address, business telephone number or business facsimile number. It also does not include your home address and telephone number if these are published in a telephone book or other directory.

ACCOUNTABILITY

We are responsible for the personal information under our control and we have designated our General Manager, who is responsible for our compliance with this policy and with privacy legislation. If you wish to contact our General Manager, you can do one of the following:

telephone: 709–754–3269
email: info@ministjohns.ca
mail: MINI St. John's | 120 Kenmount Road | St. John's, NL | A1B 3R2
 

WHAT PERSONAL INFORMATION TO WE COLLECT?

When you finance, purchase or lease a vehicle or other products from us, have us service or repair a vehicle, participate in one of our surveys, contests, or promotions, or if you test drive one of our vehicles or contact our dealership staff, we may collect some or all of the following personal information:

- your name, address, telephone number, e-mail address, facsimile number and your occupation
- information about your driving habits (such as preferred car size, colour, type of vehicle, kilometres driven annually, etc.)
- information about your existing vehicle(s) and any trade-in
- details of your vehicle and its service history; your driver's license number
- the name of your insurance company, agent, policy number and details about your coverage
- similar information about other members of your family; your language preference
- your date of birth and/or the date of birth of other members of your family (if necessary)
- your social insurance number
- financial and credit information about you and/or other members of your family (specific information is set out in the application for credit forms)
- the principle amount of your loan, interest and repayment schedule
- health information if you are applying for life, health, disability or accident insurance
- the amount of any life, health, disability or accident insurance and details of that insurance

Note: Provision of your Social Insurance Number is optional. However, you should be aware that most Credit Reporting Agencies use the Social Insurance Number as a unique identifier to ensure proper identification when conducting credit reviews and preparing credit reports. If you do not wish to provide your Social Insurance Number, our ability to obtain a timely and accurate credit report may be affected.
 

THE SECURITY OF YOUR PERSONAL INFORMATION IS IMPORTANT TO US
Your personal information is used by us only for the purposes identified below and access to your personal information is limited to those employees of MINI St. John's who need to have access to it. We are committed to protecting the personal information in our possession. A number of security measures are used by MINI St. John's to maintain the safety of your personal information such as: physical secure data centres and premises; internal security policies and procedures; defined internal segregation of duties; and electronic access controls such as passwords and encryption technology.

HOW DO WE USE PERSONAL INFORMATION?
Your personal information may be used by us to provide products and services to you such as: to obtain a licence for your vehicle, to obtain a credit report if you are financing or leasing your vehicle, to obtain appropriate financing of your vehicle for you, to provide you with a reminder that your vehicle requires servicing and to provide you with updates and information regarding products and services that we have to offer and which we think will be of interest to you.

SOMETIMES WE HAVE TO SHARE PERSONAL INFORMATION WITH OTHERS
We do not sell your personal information to third parties. We may share some or all of your personal information with third parties such as the manufacturer of your vehicle and its related companies, the providers of products or services relating to your vehicle, credit reporting agencies, financial institutions or financing companies, your insurance agent or company and companies which provide or insure warranties relating to your vehicle. We may also disclose your personal information where we are required or permitted by law to do so.

HOW LONG DO WE KEEP PERSONAL INFORMATION?
We retain your personal information as long as we believe that you are still the owner of the vehicle. If the information relates to the financing or lease of the vehicle, we retain personal information relating to the financing or lease arrangements as long as those arrangements are in place. If the information relates to the service or repair of your vehicle we retain the personal information for as long as is reasonably necessary to address any issues arising from the service or repair of the vehicle or as may be required by law. If there are legal requirements relating to the period of time which we must retain your personal information, we comply with those requirements.

WHAT CAN YOU DO IF YOU WANT TO LIMIT THE USE TI WHICH WE PUT YOUR PERSONAL INFORMATION?

Most of the personal information which we collect is necessary for us to sell or lease you your vehicle, to provide products and services related to the vehicle, assist you in the financing or lease of your vehicle or to provide service to your vehicle and we cannot do this without that personal information. Similarly, we must disclose your personal information as described above in order to sell you the vehicle, to provide products and services related to the vehicle, assist you in arrangements for financing or leasing or to provide servicing to your vehicle. If you do not want us to use or disclose your personal information in a particular way, please contact our General Manager as described above and we will be pleased to discuss with you how we can limit collection, use or disclosure of your personal information.
 

CUSTOMER OPTION TO "OPT-OUT"

You may decide that you would prefer that we do not use or disclose your personal information for MINI related marketing purposes or as otherwise noted in this Privacy Policy (excepting legal and/or contractual obligations), in particular, for some or all of the following: 
- MINI St. John's special events and promotions that may include electronic or paper format notification of comparison drive events, new car launches, brochures, etc.
- MINI St. John's promotions that may include retailer event information, service clinics, etc.
- Satisfaction Surveys such as product and/or service surveys, etc.
- Marketing Surveys such as customer research surveys, etc.
 

You can request access to your personal information:

You have a right to access the personal information which we have about you and to request that personal information which you believe to be inaccurate be corrected. If you wish to access your personal information you should contact our General Manager who will be pleased to assist you.
 

QUESTIONS?

If you have any questions or concerns about this Privacy Policy or about the collection, use and disclosure of your personal information by MINI St. John's please contact our General Manager as set out at the beginning of this policy and we will try to address your concerns.