Last Updated: February 2021.
1. Your Consent:
2. Personal Information:
Except as provided above, our dealership will not use or disclose personal information for purposes other than those for which it was collected, except with your implied or express consent, you will be notified of, and asked to consent to, the sharing of your personal information necessary for the provision of these requested features or services.
3. Information That MINI Toronto Collects:
(a) Information You Provide and User Options Regarding Personal Information
- To business partners, such as third party service providers, agents and affiliated entities in connection with the services that they perform for MINI Toronto.
- MINI Canada, a division of BMW Canada Inc., our related companies, including BMW Financial Services Canada.
- Law enforcement agencies for the purposes of investigating fraud or other offences.
- Legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations
You may be asked to voluntarily give your personal information to MINI Toronto when you interact, orally, in writing or by electronic transmission, with MINI Toronto, including when you apply for an account or membership, subscribe to a newsletter, register to receive information, apply or register for or order a product or service offered by MINI Toronto or use a product or service provided by MINI Toronto. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with MINI Toronto or otherwise receive the full benefit of the desired product or service. Telephone calls between you and MINI Toronto will be recorded to ensure accuracy and quality assurance, and may be disclosed to third parties to verify MINI Toronto is compliant with its contractual obligations to third parties. You can choose not to have the telephone call recorded, and communicate by writing or electronic transmission.
(b) Automated Collection
MINI Toronto may automatically collect certain information regarding your use of MINI Toronto’s website or online service, such as the dates and times that you access the website or online service, the browsers, operating systems, software and devices that you use to access the website or online service and details of your use of the website or online service.
MINI Toronto’s websites, online services, email messages and advertisements may use technologies (e.g. cookies, web beacons, tokens, pixels or tags) to collect information that assists MINI Toronto to improve its products, services, customer communications and advertising and to prevent fraud. MINI Toronto may use information that it collects through technological means to recognize you as a user of MINI Toronto’s websites or online services, to facilitate and improve your use of MINI Toronto’s websites or online services, to confirm that messages have been delivered to and opened by you and to provide you with targeted advertisements. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of a website or online service. More information about cookies used for interest-based advertising is set out in section 4(c) below.
(c) Credit Reports
(d) Information Regarding Referred Transactions
4. How MINI Toronto Uses Personal Information:
• to administer your relationship with MINI Toronto, including to create and manage your account or membership with MINI Toronto and to contact and correspond with you regarding those matters;
• to facilitate your interactions and transactions with MINI Toronto, including to process your applications, requests, orders and payments;
• to provide products and services to you;
• to process and respond to your inquiries, requests and other communications;
• to provide you with information (including by email and other electronic messages) regarding MINI Toronto and its products and services and related products and services offered by other businesses, to the extent permitted by applicable law;
• to administer and facilitate your participation in contests and promotions related to MINI Toronto;
• to maintain, protect and improve MINI Toronto’s products and services and to develop new products and services;
• to protect and enforce MINI Toronto’s legal rights, interests and remedies and to protect the business, operations and customers of MINI Toronto or other persons
Delivery of Products and Services
- Processing applications for credit in respect of a lease or financing agreement.
- Registering you for and administering warranties, extended warranties and roadside assistance.
- Notifying you of service reminders, recalls and enhancements.
- Processing sales of accessories and merchandise.
- Administering billing for leasing or financing of vehicles or other products and services; and providing you with customer support services.
Protecting Our Business and Fulfilling Our Legal Obligations
- Promoting our vehicles, products and services.
- Administering promotional contests.
- Responding to requests for product and service information.
- Providing you with newsletters and other promotional news about upcoming events or special offers.
- Administering customer satisfaction surveys.
- Assessing the effectiveness of our marketing programs.
- Improving our products and services.
- Developing a better understanding of your relationship with our retailers.
(b) Interest-Based Advertising
- Collecting overdue payments from you and other debt collection matters.
- Repossessing our vehicles if you are in default.
- Securing our business and websites.
- Investigating and protecting against fraud, grey-marketing or other illegal activities.
- To comply with legal and regulatory requirements, such as reporting obligations to the Financial Transactions and Reports Analysis Centre of Canada, complying with court orders, and responding to lawful police requests.
Our Anti-Spam Policy tolerates only permission-based email, subscription to emails or information requested to be provided through email or phone. We obtain your consent by asking you to choose to opt-out of our mailing list or opt-in. By checking the opt-in box when contacting us, through the forms available, you agree to be contacted by us for the purposes described in the Disclaimer. All emails sent to you will be compliant with CASL and include:
5. How MINI Toronto Discloses Personal Information:
- The option to opt-in to receive communication for the purposes described in the Disclaimer
- The option to unsubscribe from receiving electronic communication from us as described here
(b) Specific Consents
MINI Toronto may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with MINI Toronto.
(c) Referred Transactions
(d) Suppliers and Service Providers
(e) Law Enforcement/Legal Disclosures
(f) Business Transactions
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 MINI Canada, BMW Canada Inc. and 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. We collect personal information from you when you provide the information directly to us, such as when you contact us or when you enter your personal information on our website.
Like other companies, we share information with our affiliated companies, third-party service providers, MINI Canada, BMW Canada, and certain business partners in order to conduct our business activities and to protect our rights.
6. Location of Personal Information:
MINI Toronto and its service providers may process, store and use your personal information at facilities in various countries, including Canada, the United States of America and one or more countries in Europe or Asia. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to MINI Toronto, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.
7. Retention of Personal Information:
8. Information Technology and Safeguards of Personal Information:
9. Accuracy and Access to Personal Information:
MINI Toronto will rely on you to ensure that your personal information that you provide to MINI Toronto is as accurate, complete and up to date as necessary for the purposes for which MINI Toronto uses the personal information. You will promptly notify MINI Toronto of any changes to your personal information using the procedures made available for that purpose by MINI Toronto or by contacting MINI Toronto customer service.
You may reasonably request access to your personal information collected by MINI Toronto and information about MINI Toronto’s use, disclosure and retention of that personal information by submitting a written request to MINI Toronto’s Chief Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your personal information. MINI Toronto may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for other reasons permitted by applicable law.
10. Non-Personal Information:
11. Other Websites and Businesses:
12. Other Matters:
(a) Disclaimers, Liability Exclusions/Limitations and Disputes:
(b) Changes to this Policy:
(c) English Language:
(d) Contacting MINI Toronto’s Chief Privacy Officer:
MINI Toronto Website Terms and Conditions
- Your Acceptance of these Terms:
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
- Other Agreements:
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting MINI Toronto account, which is governed by the MINI Toronto General Terms of Service.
- Permitted Users:
- Personal Information Privacy:
), as revised from time to time, and as otherwise permitted by applicable law.
- No Advice:
The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
- User Rights and Obligations Regarding Account Creation and Online Service Booking:
To access certain portions of the Website, 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 Toronto of any unauthorized use of your password or user name or any other breach of security.
- User Rights and Obligations Regarding Online Quotations and Online Purchases:
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 Toronto reserves the right to revise pricing and/or specifications at any time, without notice. Please contact MINI Toronto for more information on products and final pricing.
Illustrations are representative only. MINI Toronto 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 Toronto vehicles. The purchase of any MINI Toronto 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 BMW Group affiliates or third parties that are not affiliated with us. Please understand that such linked Websites are independent from MINI Toronto and MINI Toronto has no control over the content of such Websites. Consequently, MINI Toronto 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.
- User Rights and Obligations Regarding Online Credit Applications:
- Permitted and Prohibited Use of the Website:
- Ownership of Website:
Copyright © 2020. MINI Toronto. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by MINI Toronto and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
- Linked Sites:
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from MINI Toronto, and MINI Toronto does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against MINI Toronto arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
: To the fullest extent permitted by applicable law, the website is made available and provided to you on an “As-Is”, “As Available” and “With All Faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by MINI Toronto to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of MINI Toronto. If you are dissatisfied with the website, your sole remedy is to discontinue the use of the website.
: Without limited the generality of any other disclaimer, you are solely responsible for the selection of linked sites to achieve your intended results, and your access, deal with, purchase and use linked sites at your own risk. MINI Toronto does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any linked site. MINI Toronto does not control, and is not responsible or liable for any linked site.
: The laws in some jurisdiction prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.
- Liability Exclusions:
To the fullest extent permitted by applicable law, in no event and under no circumstances will MINI Toronto be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of MINI Toronto, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if MINI Toronto knew or should have known the possibility of the potential loss, damage or liability being incurred.
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). MINI Toronto in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of MINI Toronto, all without notice or liability to you or any other person.
- Governing Law:
- General Matters:
(c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
If you do not accept and agree to these terms and conditions, then you may not use this website.