GLOBAL PRIVACY POLICY

BRP handles your personal information as described below:

Your personal information will be shared with BRP employees who have a need to know to perform their duties as well as authorized recipients. Therefore, the following categories of recipients access your personal information where necessary for the justifications below:
 

We take the following measures when sharing your personal information with recipients:

• We use a consistent security protocol with them;
• We require them to have privacy and security standards that are comparable to ours;
• We implement through our agreements with them, contractual protections and other measures to maintain the confidentiality and security of your personal information and to prevent it from being used for any other purpose. For example, we generally require our service providers to limit their use and retention of personal information to what is necessary to provide their services and to notify us in case of any actual or suspected confidentiality incident involving personal information;
• We have a due diligence process to ensure they are compliant with our requirements. This includes assessing their security practices, data protection policies, and compliance with relevant regulations;
• Access is strictly limited to only those persons who need to use it for the relevant purpose;
• When your personal information is made accessible or is transferred to a third party located outside your country of residence, we implement additional contractual safeguards to ensure that your personal information remains protected. Please read the COUNTRY-SPECIFIC ADDITIONAL PRIVACY POLICIES to know more about the safeguards we implement as they can vary from a country to another.

As it pertains to mobile information for text messaging purposes, note that this data is solely used by and for BRP for its own purposes. This information is not sold to any third parties or service providers. 

Your personal information is only retained as long as necessary to achieve the purposes for which it was collected or used or as otherwise permitted or required under applicable laws.

We retain your personal information for:

• the purposes described in this Privacy Policy;
• the purposes communicated to you before or at the time your personal information is collected;
• our own legitimate business needs;
• complying with our legal or regulatory obligations;
• establishing, exercising or defending our legal rights;
• preventing, detecting, and investigating fraud.

If your personal information is needed for more than one purpose, we will retain it until the end date of the purpose with the longest duration. In any case, we will discontinue any use of information for purposes with earlier end dates as soon as such dates are reached.

Personal information that is no longer needed is either irreversibly anonymized or securely destroyed in accordance with applicable laws.

To learn more about our retention and destruction policies and practices, including the period of time that your personal information will be kept, you can contact our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy.

In addition to the protective measures detailed in the WHO WE SHARE YOUR PERSONAL INFORMATION WITH section, BRP ensures that your personal information is protected against loss and unauthorized access, use or disclosure throughout its life cycle. Your personal information is kept secured and access is strictly limited to only those persons who need to use it for the relevant purpose. BRP employs physical, technical, and organizational measures to ensure your personal information receives an adequate level of protection while it is under our care, including when your personal information is transferred to one of our recipients located outside of your country of residence.

Our websites or mobile applications may offer links to third-party websites. The operators of linked websites may also collect your personal information (including information generated through the use of cookies and payment information) when you use their websites. To the extent permitted by applicable law, BRP is not responsible for how such third parties collect, use, or disclose your personal information. It is important to familiarize yourself with their privacy policies before providing them with your personal information.

BRP’s websites, applications, web apps, products, and services are not targeted to or intended for use by children. We do not knowingly collect personal information from children under the age of 16. Children under this age should not register nor provide BRP with any personal information without the consent of a parent or legal guardian.

If you think we have received personal information from children under the age of 16, please contact us as described in the HOW TO CONTACT US section at the beginning of this Policy.

The rights you have depend on your country of residence and on the laws or regulations that apply to your situation, but in most cases, you have the right to:

• Request that we confirm if we hold personal information about you and give you access to it;
• Rectify your personal information when inaccurate or no longer up to date;
• Ask a question about how we handle your personal information;
• Make a complaint in relation with our handling of your personal information;
• Ask us to no longer send you our commercial communications.

Please read the dedicated section in the COUNTRY-SPECIFIC ADDITIONAL PRIVACY POLICIES to know more about other privacy rights you may have.

Commercial Communications

We use your contact information to communicate with you by email or other means of electronic communication, such as text messages or phone. You can always ask us to stop sending you commercial communications. The simplest way to do so is to withdraw your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter or commercial communication or by contacting our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy.

However, when you withdraw your consent from receiving commercial communications from BRP, you may continue to receive commercial communications from our dealerships and distributors, who have their own independent consent management system. The reverse is also true; you may continue to receive commercial communications from us when you unsubscribe only to those sent by our dealerships and distributors.

Other Rights Specific to the Use of Certain BRP Websites or Mobile Applications

When you use certain of our mobile applications or websites, depending on their functionalities, you can:

• Modify your profile to ensure that only certain information appears to other users;
• Decide not to provide some of the information requested (it may limit some of the uses and functionalities available to you);
• Deactivate or block the sharing of your location when you use the website or mobile application, including when participating in group riding events;
• Modify your location settings and the location permissions in your device settings, to ensure that your location is only shared by your device to the application during your utilization of the application. If you further limit access to location information, this may prevent you from using some or all of the functionalities of the website or application;
• Accept or refuse to receive push notifications relating to the website or mobile application, which are sent to alert you of new information;
• Delete the mobile application at any time or delete your account. If you do so, it will result in the deletion of certain information, such as your planned and completed rides, riding statistics, points of interest, saved locations and friends where applicable.

How You Can Exercise Your Rights

If you wish to exercise any rights listed above or in the dedicated section in the COUNTRY-SPECIFIC ADDITIONAL PRIVACY POLICIES, you may make a request by contacting our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy. BRP may require relevant information or details in order to properly authenticate you. Once available, you will also be able to directly submit your privacy requests online through our Online Privacy Rights Portal (upcoming).

If you want to exercise a right specific to the use of certain BRP websites or mobile applications, you can do so by following the procedure listed in the terms and conditions of the website or mobile application you are using.

Please note that applicable laws may restrict or limit your rights, which means that in some situations as permitted by applicable laws, we are entitled to deny your request. In any case we will explain to you the reason why we cannot fulfill your request as permitted by law.

Only you or an authorized representative may make a verifiable consumer request related to your personal information. You may be required to submit proof of your identity to make a privacy right request and we may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with personal information in our possession.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Complaint Resolution

We are committed to working with you to resolve any concern you may have about our use of your personal information or to obtain a fair resolution to any complaint. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to lodge a complaint with the data protection authority in your country or supervisory authority. Please refer to the dedicated section in the COUNTRY-SPECIFIC ADDITIONAL PRIVACY POLICIES for more details.

This Privacy Policy will be modified from time to time. In this case, we will keep you informed by updating the “Last Updated” date at the top of this Privacy Policy or by any other means of communication where appropriate. We recommend that you check occasionally this website to inform yourself of any changes.

What Is a Cookie?

A cookie is a small text file placed on your computer or device when you visit a website. It is usually created when a new webpage is loaded.

Cookies store information on your computer or device in order to manage your website experience. They are designed to hold a small amount of data specific to a particular user and website to allow web pages delivered to be tailored to a particular user. Some pages contain a script which takes into consideration the data in the cookie, and so is able to carry information from one visit to the website (or related website) to the next. Cookies also store preference information to customize your website experience. Most web browsers allow you to control cookies through their settings preferences.

Cookies and Other Tracking Technologies Used by BRP
 

Your Cookie Settings

You can completely disable some or all cookies in the advanced settings of your browser at any time. To learn more on BRP’s use of cookies, you may refer to our Cookie Policy.

This section supplements the information contained in our Privacy Policy and applies solely to clients, visitors, users, and others who reside in the states of California, Virginia, Connecticut, Colorado, Utah, Oregon, Texas and Montana (“consumers” or “you”).

Information We Collect and Handle

BRP US Inc., as the controller of your personal information, together with Bombardier Recreational Products Inc., handles the following categories of personal information as indicated with a “Yes” below:
 

Categories A, B, C, D, F, G and K could constitute sensitive personal information, depending on the nature of the services and the context.

Sales of Personal Information

We do not sell your personal information to third parties for their commercial purposes, except when you specifically allow us to do so.

In the last twelve (12) months, we have not sold any personal information. Please also note that any third parties who would purchase the personal information we hold, would be prohibited from reselling it unless you have received explicit notice and an opportunity to opt out of further sales.

Your Rights and Choices

The following rights are in addition to those described in the YOUR RIGHTS OVER YOUR PERSONAL INFORMATION section:

California

• Right to be informed. You have the right to know how your personal information is being handled by BRP and ask us any questions you may have about it.
• Right to request that we disclose to you:
  o   if we process your personal information and, where applicable, the categories of personal information we collected about you and the categories of sources from which we collected such information;
  o   the specific pieces of personal information we collected about you;
  o   the business or commercial purpose for collecting personal information about you; and
  o   the categories of personal information about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the preceding 12 months.
• Right to request that we delete personal information we collected from you, subject to certain exceptions.
• Right to not be discriminated against because you exercise any of your rights, by denying you a good or service, by charging you with a different price or rate for a good or service or by providing you with a different level of quality of a good or service.
• Right to direct us not to sell or share your personal information at any time (the “right to opt out”).
• Right to direct us to limit our use and disclosure of sensitive personal information at any time, to that use which is necessary to perform the services or provide the goods.
• Right to request that we correct inaccurate personal information about you, taking into account the nature and the purposes of processing of the personal information.
• Right to not be retaliated against for exercising your rights.
• Right to obtain a copy of your personal information that you have previously provided us in a portable and, to the extent technically feasible, readily usable format.

Virginia

You have all the above rights, as well as the following:

• Right to opt out of the processing of your personal information for purposes of targeted advertising, sale of your personal information or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

Colorado

• Right to be informed. You have the right to know how your personal information is being handled by BRP and ask us any questions you may have about it.
• Right to request that we correct inaccurate personal information about you, taking into account the nature and the purposes of processing of the personal information.
• Right to opt out of the processing of your personal information for purposes of targeted advertising, sale of your personal information (applicable as of July 1st, 2024) or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
• Right to request that we delete personal information we collected from you, subject to certain exceptions.
• Right to not be discriminated against because you exercise any of your rights, by denying you a good or service, by charging you with a different price or rate for a good or service or by providing you with a different level of quality of a good or service.
• Right to obtain a copy of your personal information that you have previously provided us in a portable and, to the extent technically feasible, readily usable format, where the processing is carried out by automated means.

Connecticut

• You have the same rights as the state of Colorado, but you also have the right to not be discriminated against from the processing of personal information that violates state or federal laws prohibiting unlawful discrimination against you. All your rights are applicable as of July 1st, 2023.

Utah

• Right to be informed. You have the right to know how your personal information is being handled by BRP and ask us any questions you may have about it.
• Right to request that we delete the personal information we collected from you, subject to certain exceptions.
• Right to not be discriminated against because you exercise any of your rights, by denying you a good or service, by charging you with a different price or rate for a good or service or by providing you with a different level of quality of a good or service.
• Right to obtain a copy of your personal information that you have previously provided us in a portable and, to the extent technically feasible, readily usable format, where the processing is carried out by automated means.
• Right to opt out of the processing of your personal information for purposes of targeted advertising or sale of your personal information.

Oregon (Applicable as of July 1st 2024)

• You have the same rights as the state of Colorado, but your right to opt out of the processing of your personal information for purposes of targeted advertising, sale of your personal information or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you become applicable as of January 1st 2026.

Texas (Applicable as of July 1st 2024)

• You have the same rights as the state of Colorado, but you also have the right to not be discriminated against from the processing of personal information that violates state or federal laws prohibiting unlawful discrimination against you.

Montana (Applicable as of October 1st 2024)

• You have the same rights as the state of Colorado, but you also have the right to not be discriminated against from the processing of personal information that violates state or federal laws prohibiting unlawful discrimination against you. 

Exercising Your Rights

You can exercise these rights by contacting our Privacy Officer and as described in the HOW TO CONTACT US section at the beginning of this Policy.

To exercise the right to opt out and limit the use and disclosure of sensitive personal information, you may also submit a request to us by clicking here: Do Not Sell or Share My Personal Information or here: Limit Use and Disclosure of Sensitive Personal Information.

Appeal

If you reside in California, Colorado, Virginia or Connecticut, you may appeal our refusal to take action on a request within the legal timeframe provided for in the applicable law after you have been notified of our decision. To exercise your right of appeal, you may contact our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy or call us at 1-888-272-9222.

This section supplements the information contained in our Privacy Policy and applies solely to clients, visitors, users, and others who reside in the Province of Québec (Canada).

Data Governance and Security

BRP maintains governance policies and practices, which ensure the protection of your personal information. In addition to the measures detailed in the WHO WE SHARE YOUR PERSONAL INFORMATION WITH section, depending on the volume and sensitivity of the information, the purposes for which it is used, and the format in which it is stored, we implement a combination of measures to protect your personal information, including:

• Internal policies and procedures defining the roles and responsibilities of our employees throughout the information life cycle;
• Employee privacy and data security training;
• Designating a Privacy Officer to monitor and manage BRP’s compliance with applicable privacy laws. The Privacy Officer’s role and responsibilities include:
  o   approving internal policies and practices regarding the protection of personal information;
  o   assisting in conducting privacy impact assessments (when required by law); and
  o   responding to privacy rights requests in accordance with this Privacy Policy and applicable laws;
• Procedures for receiving, investigating, and responding to complaints or inquiries regarding BRP’s personal information handling practices, including any confidentiality incident involving personal information and any request from an individual to exercise their privacy rights;
• Access controls that restrict access to your personal information to employees or service providers who have a business need consistent with the reason the information was provided;
• Generally accepted information security techniques, such as firewalls, data encryption, antivirus software and access control procedures;
• Framework limiting our retention of personal information to what is necessary to achieve the purposes described in this Privacy Policy, including providing you with the products or services requested. This framework also governs the disposal of your personal information and is more fully described in the HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION above.

Transfer of Personal Information Outside of the Province of Québec

For personal information involving Québec residents, transfers of personal information outside the province will be carefully reviewed prior to the transfer and an assessment will be done to ensure that they fall within the limits of applicable law and that the jurisdiction where the personal information is received offers adequate safeguards.

Privacy Rights

As a Québec resident, in addition to the privacy rights described in the YOUR RIGHTS OVER YOUR PERSONAL INFORMATION section, you have other rights in relation to your personal information, such as:

• Right to be informed. When your personal information is collected and subsequently on request, BRP must inform you of:
  o   the purposes for which your information is collected;
  o   the means by which the information is collected;
  o   your right of access and rectification;
  o   your right to withdraw consent to the communication or use of the information collected;
  o   the third parties for whom the information is being collected (if applicable);
  o   the category of third parties to whom it is necessary to communicate your information (if applicable);
  o   the possibility that the information could be communicated outside Québec (if applicable);
  o   the personal information that is collected from you (on request);
  o   the categories of persons who have access to the information within BRP (on request);
  o   the period of time the information will be kept (on request);
  o   the contact information of the person in charge of the protection of personal information (on request);
  o   the source of the information if BRP collects your personal information from another third party (on request).
• Right to request to cease dissemination or to de-index your personal information. You may require BRP to cease disseminating that information or to de-index any hyperlink attached to your name that provides access to the information by a technological means, if the dissemination of the information contravenes applicable law or a court order.
• Right not to be subject to automated decision making. If BRP renders a decision based exclusively on an automated processing of your personal information, you have the right to be informed no later than at the time we inform you of the decision. You also have the right to be informed on request of the personal information used to render the decision, the reasons and the principal factors and parameters that led to the decision and to have the personal information used to render the decision corrected. You also have the opportunity to submit observations to a member of the personnel of BRP who is in a position to review the decision.
• Right to portability (as of September 22, 2024). You may request that BRP provide you with computerized personal information collected from you in a structured and commonly used technological format.

You can exercise these rights by contacting our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy.

You may also lodge a complaint with the data protection authority in Québec, the Commission d’accès à l’information du Québec.

This section supplements the information contained in our Privacy Policy and applies solely to clients, visitors, users, and others who reside in the European Union, Iceland, Norway, Lichtenstein, United Kingdom or Switzerland (“Europe”).

Bombardier Recreational Products Inc., having its corporate headquarters at 26 Saint-Joseph St., Valcourt, Québec J0E 2L0, Canada and BRP European Distribution SA., having its corporate headquarters at Avenue d’Ouchy 4-6, 1006 Lausanne Switzerland are considered "data controllers" under applicable laws because BRP determines how and why it handles your personal information.

BRP handles your personal information as described below:
 

International Transfers of Personal Information

If your personal information is transferred outside Europe, the following measures apply:

• Your personal information is transferred to a country considered as providing adequate protection by the European Commission, such as Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, or Uruguay;
• The European Standard Contractual Clauses (SCCs) under the General Data Protection Regulation 2016/679 (GDPR) have been signed with third parties as the SCCs provide appropriate data protection safeguards. BRP incorporates the SCCs that are annexed to the European Commission’s Implementing Decision 2021/914 of 4 June 2021 for the transfer of personal information to third countries pursuant to GDPR, as well as the SCCs as amended by the International Data Transfer Addendum as issued by the UK Information Commissioner’s Office under S119A (1) Data Protection Act 2018. SCCs are incorporated into the contracts between BRP and third parties who manage personal information on its behalf.
   

Privacy Rights

In addition to the privacy rights described in the YOUR RIGHTS OVER YOUR PERSONAL INFORMATION section, you or have other rights over your personal information, such as:

• Right to be informed. You have the right to know how your personal information is being handled by BRP and ask us any questions you may have about it.
• Right to object to the processing of your personal information. You can ask BRP to stop processing your personal information including to profiling, and you can opt out at any time from receiving our commercial communications.
• Right to withdraw your consent. Where you formerly gave us your consent, you can withdraw your consent at any time.
• Right to request the restriction of processing of your personal information. You can ask BRP to temporarily freeze or limit the handling of your personal information, for example, if you believe your personal information is inaccurate.
• Right to request the erasure of your personal information ("right to be forgotten").
• Right to request portability of your personal information. You may request to receive your personal information in a structured, commonly used, and machine-readable format or request that your personal information be transferred by BRP to a third party.
• Right not to be subject to automated decision making. You have the right not to be subject to a decision based solely on automated processing, which includes profiling, when that decision produces legal effects concerning you or significantly affects you. In that case, you can ask us to involve someone to review the automated decision, to express your point of view, and to contest the decision.
• Right to define instructions regarding your personal information for its management after your passing. You have the right to designate someone who will give us instructions in relation to your personal information, including a deletion request, in the event of your passing.
   

You also have the right to lodge a complaint with the data protection authority in your country of residence. You can find your data protection authority online on the institutional website of the European Commission.

You can exercise these rights by contacting our Privacy Officer as described in the HOW TO CONTACT US section at the beginning of this Policy. Please note that any request to stop the processing of your personal information or to have it erased will not be applicable when BRP has the obligation to communicate with you for health or safety related matters, such as safety recall or warranty matters regarding your BRP product(s), or as otherwise permitted under applicable laws.

This section supplements the information contained in our Privacy Policy and applies solely to clients, visitors, users, and others who reside in China.

Unless otherwise stated, the following BRP entities are considered data controllers under applicable laws because each of them determines how and why they handle your personal information:

• Bombardier Recreational Products Inc., having its corporate headquarters at 26 Saint-Joseph St., Valcourt, Québec J0E 2L0, Canada;
• BRP Commerce & Trade (Shanghai) Co Ltd. (Rm 301, Building 6, No.10 Heng Shan Rd, Xuhui District, Shanghai 200031, China).

BRP’s Legal Grounds for Processing Your Personal Information

BRP will process your personal information based on the following legal justifications:

• Your consent is obtained;
•  The processing is necessary for the conclusion or performance of a contract with you;
• The processing is necessary for the performance of statutory duties or for compliance with a legal obligation;
• The processing is necessary for coping with public health emergencies or for the protection of the life, health, and property safety of a nature person;
• The information has been publicly disclosed by you or other legally disclosed personal information within a reasonable scope;
• Other circumstances provided by laws and administrative regulations.

Privacy Rights

In addition to the privacy rights described in the YOUR RIGHTS OVER YOUR PERSONAL INFORMATION section, you have other rights over your personal information, such as:

• Right to be informed. You have the right to be provided with clear, transparent, and easily accessible information about how your personal information is being handled by BRP.
• Right to ask us to limit or stop the processing of your personal information. You can ask BRP to limit or refuse the handling of your personal information unless laws or administrative regulations stipulate otherwise.
• Right to withdraw your consent. Where you formerly gave us your consent, you can withdraw your consent at any time.
• Right to request the erasure of your personal information. You have the right to request deletion of your personal information where conditions under applicable law are met.
• Right to request portability of your personal information. You may request, as part of your right to obtain a copy of your personal information, that your personal information be transferred to a personal information handler you designate, where it meets the conditions of the applicable law and BRP must provide a channel to transfer it.
• Right not to be subject to automated decision making. Where BRP conducts information push delivery or commercial sales to you through automated decision-making, you have the right to request that we provide you with the option to not target your characteristics or provide you with a convenient method to refuse. When the use of automated decision-making produces decisions with a major influence on your rights and interests, you have the right to require BRP to explain the matter, and you have the right to refuse that BRP make decisions solely through automated decision-making methods.

International Transfers of Personal Information

When sharing your personal information with third parties in accordance with this Privacy Policy, it may be transferred outside of China. We will always evaluate our legal justification for such transfer and deploy protective measures, as detailed in the WHO WE SHARE YOUR PERSONAL INFORMATION WITH section. We will transfer your personal information in compliance with applicable data protection laws and will implement suitable safeguards.