Last Revised: October 17, 2023
NFI Group Inc. (collectively with its subsidiaries, “the Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy in the ways explained in and through our compliance with this website privacy policy (the “Policy”). This Policy should be read in conjunction with our website Terms of Use, into which this Policy is incorporated by reference.
What this Policy Describes
- The types of information we collect from you or that you may provide when you visit our website available at each of the following domains (each a “Website”, collectively the “Websites”). The Websites are operated by the following companies:
- NFI Group – https://www.nfigroup.com
NFI Group Inc., our parent holding company which has no business of its own, meaning this Website is maintained in Canada by New Flyer Industries Canada ULC - New Flyer – https://www.newflyer.com
New Flyer Industries Canada ULC (in Canada) and
New Flyer of America Inc. (in the U.S.) - MCI – http://www.mcicoach.com
Motor Coach Industries Limited (in Canada) and
Motor Coach Industries, Inc. (in the U.S.) - ARBOC – http://www.arbocsv.com
ARBOC Specialty Vehicles, LLC (for both Canada and the U.S.) - NFI Parts – http://nfi.parts
The Aftermarket Parts Company, LLC (for both Canada and the U.S.) - Carfair – https://carfaircomposites.com
Carfair Composites Inc. (in Canada) and
Carfair Composites USA, Inc. (in the U.S.)
- NFI Group – https://www.nfigroup.com
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand and find out about our practices regarding your information and how we will treat it. If you are not satisfied with our policies and practices, then please do not use our Websites. By using our Websites, you will be confirming that you have read the terms of this Policy.
This Policy may change from time to time (see below, “Changes to this Policy”) so please check the Policy periodically for updates. Any changes in this Policy will become effective when we make the revised Policy available on or through the Websites. We also encourage you to check this Policy on a regular basis. We will notify you of any changes (including when they will take effect) if we are required to do so by applicable privacy laws.
To ensure that we provide you with the best possible experience, we will store, use, and share some limited personal information about you in accordance with this Policy. Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). In particular, the Website may collect the following categories of Personal Information from users of the Website:
|
Category |
Examples |
Collected |
|
Identifiers. |
A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name. |
YES |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, address, telephone number, education, employment, and employment history. |
YES |
|
Protected classification characteristics. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
YES |
|
Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
|
Sensitive Personal Information. |
Precise geolocation, Social Security number, driver’s license, state identification card, passport number, account log-in, financial account, debit card, credit card number with security, or access code or password, racial or ethnic origin, religious/philosophical beliefs, or union membership, contents of mail, email, and text messages, genetic data and processing of biometric information, health and sexual orientation. |
NO |
|
Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
|
Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
|
Geolocation data. |
Physical location or movements. |
NO |
|
Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
|
Professional or employment-related information. |
Current or past job history or performance evaluations. |
YES |
|
Non-public education information. |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
|
Inferences drawn from other Personal Information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
YES |
You may provide us Personal Information in the above categories when you:
• visit our Website (IP addresses will be collected – see below);
• request information including when using the ‘contact us’ function on the Website;
• submit an employment application;
• subscribe to our newsletters and marketing emails;
• register yourself with the Website; or
• ask us questions about our business by using the free text boxes.
The information you provide in each case will vary. In some cases, we may ask you to create a username/login ID and password that should only be known to you. The Company will use and protect all this Personal Information in accordance with applicable privacy laws and this Policy.
• first and last name
• company or organization name
• job title or role
• business related email address
• business related telephone number
• age (relevant to candidates only)
• business related mailing address
• comments or messages provided in free text boxes
• IP address
• Any other information a candidate includes in their resume or CV
• Usernames/login ID and passwords (relevant only to those of our Websites which have an online portal or any other login function)
Our Websites are aimed at individuals working for companies around the world who are interested in our business offerings. Our Websites are ‘informational only’ except that we will collect Personal Information in the ways described above. In addition, candidates from around the world who would like to enquire about roles at the Company can make contact through the Website by using free text boxes and if they so choose they can provide their resume or CV to the Company using the contact details on the Website.
Automated Information Collection
In addition to the information that you provide to us, we may also collect information about you during your visit to our Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet protocol (IP) address, the pages you have viewed, and the actions you have taken while using the Website.
We use the following tools to automatically collect information about you when you are visiting our Websites:
• IP addresses. An IP address is a set of numbers that is automatically assigned to your device whenever you log on to your internet service provider or through your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify your computer by the IP address assigned to it during your online session. IP addresses are Personal Information. IP addresses may reveal to the Company where the visitor to the Website is situated. They will allow us to identify in particular whether there is a user from outside North America using the Websites. This detail is not tracked or used for any purpose except for the purposes of responding to a security incident or other event in which the security of the Website or any information is in question. In such an instance, the Company would use IP addresses to identify from where any threats originated and for any investigation, mediation and response.
• Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive. We do use cookies to track users. We use essential cookies and users are not identified or identifiable to us from these cookies. We also use non-essential cookies including Mailchimp cookies and Google Analytics cookies. Users are identified and identifiable from Mailchimp cookies (further details below). Cookies are usually defined in one of two ways, and we may use both of them:
o session cookies, which do not stay on your computer after you close your browser, and
o persistent cookies, which remain on your computer until you delete them or they expire.
We may use the following categories of cookies on our Website:
1. Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Website and use its features. Examples may include recalling previous actions (e.g., entered text) when navigating back to a webpage in the same session. These cookies display information, prevent crashes, fix bugs and serve to enhance the security of the Website. Without these cookies, some functions of the Website cannot be provided. These cookies do not identify you as an individual. If you remove these cookies, it may affect the performance of our Website. Without these cookies, services you have requested, such as maintaining a record of your purchased items on our Websites that have an online store, cannot be provided.
2. Performance Cookies. These cookies collect anonymous information on how you use our Websites to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never reveal personal details from which your individual identity can be established.
3. Functionality Cookies. These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot be used to track your browsing activity on other websites.
4. Analytics Cookies. These cookies do not identify you as an individual. All data is collected and aggregated anonymously. These cookies help us understand how visitors interact with our web properties by providing information about the areas visited, the time spent on the Website and any issues encountered, such as error messages. They help us improve the performance of our Website, alert us to any concerns and more. These cookies are used to distinguish your actions from those of others and to collect your relevant geographic, demographic and behavioural data. They tell us how popular a certain feature is, or whether you open an email we send. See Google Analytics and MailChimp below.
The cookies described in numbers 1 to 3 above are essential cookies that enable our Website to function. Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.
The cookies described in item number 4 above are non-essential cookies that are placed on user’s devices when users visit our Websites. Again, you can disable these at any time by changing your browser settings. One example is MailChimp, which helps us to create and deploy promotional and marketing communications emails to specific email lists. MailChimp provides analytics on send such as open rates, click-through rate and time spent by a user.
If you use different devices to view and access the Website (e.g., your computer, smartphone, tablet, etc.), you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.
• If you would like more information about cookies, we recommend www.aboutcookies.org and www.allaboutcookies.org as helpful resources.
Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your response to our emails. We may also use them to track if you click on the links and at what time and date you do so. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. These links allow us to understand how email recipients are using the link. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This information is used to improve our service to you and to help us understand the performance of our marketing campaigns.
Third-Party Websites and Services. We work with a number of service providers of marketing communications and website analytics technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns or our Website. The information collected can be gathered on our Websites and/or the websites where our marketing communications are appearing.
The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:
• Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of Terms of Use.
• Preventing malicious activity and provide you with a secure experience.
• Providing service and support for services you request.
• Providing marketing communications that are effective and optimized for you.
• Preventing unwanted messages or content.
• Measuring the performance of our marketing programs.
• Contacting you in order to reply to your communications made to us.
• Contacting you about services and offers that are relevant to you.
• Replying to you if you have asked us about roles at the Company or you send us your resume or CV.
Duration. The length of time the Company intends to retain each category of Personal Information, including sensitive information, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information.
We do not sell or lease your Personal Information to any third party. We may disclose your Personal Information to a third party for a business purpose, including the following categories of third parties:
Our Affiliates. We may disclose the information collected through the Website with our Affiliates in order to provide our products, services and effective customer support.
Third-party Service Providers. We disclose Personal Information collected through the Website with third-party Service Providers who act for or on behalf of the firm. These third parties may need information about you to perform their functions. “Service Providers” may include suppliers, dealers, distributors, companies and consultants that provide website hosting, software development, payment processing, website and data analytics, order fulfillment, information technology and related infrastructure support, customer service, email delivery, and auditing.
One such trusted service provider is Google Analytics. Google Analytics utilizes cookies and other behavior tracking technologies in order to provide statistical analysis of our Website’s performance. This information is not personally identifiable, is not stored on Google’s servers and is only displayed in an aggregated form. For more information on how Google Analytics supports our Website, please review Google’s privacy policy available at: https://policies.google.com/technologies/partner-sites.
In Aggregate or De-Identified Form. We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing and other business interests of the firm. Such use shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you.
Except as described in this Policy, we will not disclose your information with third parties without your notice and consent, unless it is under one of the following circumstances:
Legal Reasons.
• We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;
• To respond to duly authorized information requests from law enforcement or other governmental authorities;
• To enforce our agreements or policies;
• To investigate and prevent security threats, fraud, or other malicious activity; or
• To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or firm employee.
Sale of Business or Merger. There are circumstances where the firm may decide to buy, sell, or reorganize its business. Under these circumstances, it may be necessary to disclose or receive Personal Information with prospective or actual purchasers, acquisition targets, partners or affiliates. In such circumstances, the firm will ensure your information is used in accordance with this Policy.
We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed to the service. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services and are not intended for the purposes of marketing.
We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information by an opt-in, or (where applicable laws allow for this) where you have not indicated you wish to opt-out. After you receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
We strive to maintain, process, and protect your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username/login ID and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
We do not actively seek to gather information from individuals under the age of eighteen. We do not target the Website to minors and would not expect them to be engaging with our Websites or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. We do not wish to hold any personal data about children. If you are a child who is reading this Policy, you must not sign up for our newsletters or submit any Personal Information about yourself to us. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.
This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates that are not listed above. Our Websites may link to third-party websites and services, but these links are not endorsements of these sites, and this Policy does not extend to them. For example, the Website links to a trusted third-party’s website through its Career webpage for the purposes of processing applications for employment. Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information.
Many visitors to our Websites may be located outside of the United States or Canada. To provide you with our services, we may store, process, and transmit information in the United States, Canada, and other locations around the world, including countries that may not have the same privacy and security laws as yours. We do not warrant or represent our processing of your Personal Information will comply with the laws of the jurisdiction in which you are accessing the Websites and we are not subject to data privacy and e-privacy laws which apply in your own countries. Regardless, we will process your Personal Information in accordance with this Policy.
Your Consumer Rights Under State Law
For Website Visitors in California
• Shine the Light law. Pursuant to California Civil Code Section §1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
• Do Not Track Signals. Other than as disclosed in this Policy, the Website does not track users over time and across third-party websites to provide targeted advertising. Therefore, the Website does not operate any differently when it receives Do Not Track (DNT) signals from your internet web browser.
• WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. If we ever decide to “sell” or “share” Personal Information, as those terms are defined under the California Consumer Privacy Act of 2018 (as amended by the CPRA), we will update you via this Policy and include a link entitled “Do Not Sell or Share My Personal Information,” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information.
Your Consumer Rights
Some state laws in the United States provide consumers with additional rights with respect to their personal information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act, the Colorado Privacy Act (“CPA”) and the Virginia Consumer Data Protection Act (“VCDPA”). Any personal information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your personal information, you may exercise each of your rights as identified below, subject to our verification of your identity.
A. Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. You may email us at privacy@nfigroup.com to request a copy of the Personal Information our Website databases currently contain.
B. Correction. You can correct what personal data our Website database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal data that you have provided to us.
C. Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to privacy@nfigroup.com. In your email, please explain how you wish us to prohibit the sharing of your personal data, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible to provide our services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
D. Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
E. Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to privacy@nfigroup.com. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
F. Deletion. If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at privacy@nfigroup.com. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
G. Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for Targeted Advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties.
H. Non-Discrimination. If a data subject exercises his or her rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, we shall not discriminate against that data subject by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
I. Exercising your rights. If you are a data subject that has rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, who chooses to exercise the rights listed above, you can submit a request via email at privacy@nfigroup.com.
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We take appropriate technical, administrative, and physical precautions to keep your Personal Information secure against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You should be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information and have commercially reasonably security measures in place, as indicated we cannot guarantee the security of your data transmitted to our Website; any transmission you make is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username/login ID and password. At any time you believe your credentials have been compromised, please change your password. Please notify us of any unauthorized use of your credentials or information.
If we make any changes to this Policy, a revised Policy will be posted on this Website and the effective date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our Websites by clicking on the “Privacy Policy” link (usually at the bottom of the screen).