Privacy Policy

Privacy Policy

Updated May 29, 2017

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Privacy Policy

Updated May 19, 2017

Welcome to our site.  By using our site, you are agreeing to comply with and be bound by the following terms of use.  Please review the following terms carefully.  If you do not agree to these terms, you should not review information, make a submission or obtain goods or products from this site. In this Agreement, whenever the terms “Tommy Gun’s”, “Us”, “us”, “We”, or “we” are used, they shall be deemed to mean collectively TG Corporate Holdings Limited and any affiliated, related or subsidiary companies of TG Corporate Holdings Limited.

  1. Acceptance of Agreement.  You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our web site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.  This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Trademarks.  Tommy Gun’s, Tommy Gun’s Original Barbershop, and others are either trademarks or registered trademarks of Tommy Gun’s.  Other product and company names mentioned on the Site may be trademarks of their respective owners.
  4. Limited Right to Use.  The viewing printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republications, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of any content, form or documents may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  5. Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
  6. Indemnification.  You agree to indemnify, defend and hold TG Corporate Holdings Limited and our directors, officers, partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
  7. Nontransferable.  Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
  8. Disclaimer and Limits.  THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR A PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INDICENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), INCOMPLETE OR NON-DISCLOSURE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.  WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.  NOTWITHSTANDING THE FOREGOING, IN THE EVENT WE ARE FOUND LIABLE BY A COURT OF LAW, YOU HEREBY AGREE, AND ARE ESTOPPED FROM CLAIMING TO THE CONTRARY, THAT OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION, WHICH YOU HAVE PURCHASED VIA THIS WEB SITE.
    1. Use of Information.  We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy, as amended from time to time.
    2. Third-Party Services.  If we allow access to or advertise third-party merchant sites (“Merchants”) from time to time, from which you may purchase certain goods or services, you understand that we do not operate or control the products or services offered by Merchants.  Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service.  We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
    3. Third-Party Merchant Policies.  All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites.  We are not responsible for information provided by you to Merchants.  We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
    4. Privacy Policy.  Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
    5. Payments. You represent and warrant that if you are purchasing something from us or from merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by you or your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
    6. Securities Laws.  This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements.  These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.  When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements.  The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities.  None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, if any.
    7. Links to Other Web Sites.  The Site may contain links to other Web sites from time to time.  We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us.  If you decide to leave our Site and access these third-party sites, you do so at your own risk.
    8. Copyrights and Copyright Agents.  We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted material that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the Site;
      4. Your address, telephone number, and e-mail address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Michael G. Hansen who can be reached as follows:

By mail:
Michael G. Hansen, General Counsel
TG Corporate Holdings Limited
#4 – 1890 Cooper Road
Kelowna, BC  V1Y 8B7

By phone:  778-478-8694
By fax:  250-869-1638

    1. Information and Press Releases.  The Site may contain information and press releases about us.  While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases.  Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
    2. Submissions.  All remarks, suggestions, ideas, graphics, or other information that you communicate to us through this site become and remain our property, even if this agreement is later terminated.  This means that:
      1. We do not have to treat any such submission as confidential;
      2. You cannot sue us for using the ideas you submit (including, but not limited to, product or advertising ideas);
      3. If we use them, or anything like them, we do not have to pay you or anyone else for them, and
      4. We will have exclusive ownership of all present and future rights to submissions of every kind.

We can use them for any purpose, without compensating you or anyone else for them.  You acknowledge that you are responsible for any submission you make, in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

  1. Miscellaneous.  This Agreement shall be treated as though it were consummated and performed in Kelowna, British Columbia, Canada, and shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles).  Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  All actions shall be subject to the limitations set forth in Section 8 and Section 10.  The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.  All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kelowna, British Columbia, Canada.  You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

TG Corporate Holdings Limited
Personal Information Protection Policy for Franchisees and Retail Clients
Last Updated November 9, 2012

 

TG Corporate Holdings Limited (hereinafter also referred to as “Tommy Gun’s”) is committed to safeguarding the personal information entrusted to us by our Franchisees and Retail Clients. We manage personal information in accordance with Alberta’s Personal Information Protection Act and other applicable laws. This policy outlines the principles and practices we follow in protecting the personal information of our Franchisees and of Retail Clients.

For purposes of this policy, “Franchisee” also includes prospective and former Franchisees, “Retail Client” means customers and third parties dealing with the Store locations and business of those Franchisees, as well as Retail Clients of Stores that may be owned by TG Corporate Holdings Limited subsidiaries that operate retail Stores, “Store” includes a barbershop or combined barbershop and product supply retail business.

Franchisees of TG Corporate Holdings Limited and subsidiaries of TG Corporate Holdings Limited that operate Stores are required to meet privacy laws in their location of operation, and any personal information collected from Retail Clients directly by Franchisees shall be subject to the Franchisee’s own privacy policy.

This policy applies to TG Corporate Holdings Limited and, except to the extent of the foregoing paragraph, its subsidiaries including TG Franchise Limited and TG Real Estate Limited collectively called “Tommy Gun’s”. This policy also applies to any person providing services on our behalf.
Copies of this policy are available to any Franchisee or Retail Client on request.

What is personal information?

Personal information means information about an identifiable individual. This includes an individual’s name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, educational history, etc., or video images of an individual.

What personal information do we collect?

We collect only the personal information reasonable for the purposes of providing services to Franchisees and Retail Clients, and for the purposes of managing Tommy Gun’s and its franchise business.

From Franchisees we collect personal information needed to:

  • evaluate suitability of applicants as a Tommy Gun’s Franchisee
  • enter into franchise agreements and contracts
  • deliver requested products and services
  • provide information on warranties for products and services
  • notify Franchisees of upcoming events of interest
  • initiate, administer, and terminate our Franchisee – franchisor relationships
  • ensure Franchisee compliance with our requirements
  • meet regulatory requirements
  • manage day to day administrative matters
  • provide information on future or additional business opportunities
  • provide advice with respect to product placement, layout and merchandising

We normally collect all Franchisee information directly from our Franchisees, in accordance with this privacy policy and as authorized by law. We inform our Franchisees before or at the time of collecting personal information, of the purposes for which we are collecting the information. The only time we don’t provide this notification is when a Franchisee volunteers information for an obvious purpose.

We also collect personal information so that Tommy Gun’s may manage its franchise business, including, without limitation, to improve its franchise business and brand, monitor Franchisee compliance (such as by ensuring there is no diversion), to manage Tommy Gun’s liability with respect to safety and security, and to ensure compliance with its own obligations to its own suppliers.

Tommy Gun’s collects personal information of Retail Clients in accordance with this privacy policy and as authorized by law. We inform our Retail Clients before or at the time of collecting personal information, of the purposes for which we are collecting the information. The only time we don’t provide this notification is when a Retail Client volunteers information for an obvious purpose. From Retail Clients we collect personal information in the following circumstances:

  • for the purpose of responding to or contacting Retail Clients with respect to their interaction at a Store or with a Franchisee.
  • in the normal course of our day to day business operations to the extent that subsidiaries of TG Corporate Holdings Limited own and operate Stores.

Personal information of Retail Clients which is collected at a Store is subject to the privacy policy of that Franchisee, and in the case of Stores that may be owned by subsidiaries or affiliates of TG Corporate Holdings Limited, the privacy policy of that subsidiary or affiliate.

Consent

We ask for consent to collect, use or disclose Franchisee and Retail Client personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may also rely on providing adequate notice, or assume your consent in cases where you volunteer information for an obvious purpose. With respect to personal information of Retail Clients collected by a Franchisee, we rely on the consent obtained by our Franchisees in accessing that personal information.

In cases where we collected personal information before January 1, 2004, we assume your consent to our use and, where applicable, disclosure for the purpose for which the information was collected.

We ask for your express consent for some purposes and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we will normally ask you to provide your consent in writing by signing a consent form or by checking a box on a form, electronically by clicking a button, or orally. We will not use your personal information for marketing purposes without your consent, unless otherwise allowed by law.

As Retail Client or Franchisee you may withdraw your consent to the use and disclosure of your personal information at any time, unless the personal information is necessary for us to fulfill our legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information.

We may collect, use or disclose Retail Client or Franchisee personal information without consent only as authorized by law. For example, we might not request consent when the collection, use or disclosure is reasonable for an investigation or legal proceeding, to collect a debt owed to our organization, in an emergency that threatens life, health or safety, or when the personal information is from a public telephone directory.

How do we use and disclose personal information?

We use and disclose Retail Client and Franchisee personal information only for the purposes for which the information was collected, except as authorized by law. For example, we may use Retail Client and Franchisee contact information to deliver goods. The law also allows us to use that contact information for the purpose of collecting a debt owed to our organization, should that be necessary.

In addition TG Corporate Holdings Limited may access a Franchisee’s video surveillance footage with for purposes of monitoring licensed sales, security and loss prevention, and management of Tommy Gun’s’ liability, and upon request by a Tommy Gun’s Franchisee, in order to provide advice to that Franchisee with respect to product placement, layout and merchandising.

Such footage may capture Retail Clients and employees of Tommy Gun’s Franchisees, and where a Tommy Gun’s location is owned by a subsidiary of TG Corporate Holdings Limited, Retail Clients and employees of that Store.

If we wish to use or disclose your personal information for any new business purpose, we will ask for your consent.

How do we safeguard personal information?

We make every reasonable effort to ensure that Franchisee and Retail Client information is accurate and complete. We rely on our Franchisees and Retail Clients to notify us if there is a change to their personal information that may affect their relationship with our organization. If you are aware of an error in our information about you, please let us know and we will correct it on request wherever possible. In some cases we may ask for a written request for correction.

We protect client personal information in a manner appropriate for the sensitivity of the information. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information. Specific mechanisms include limiting disclosure of personal information to Tommy Gun’s employees that reasonably require it to carry out their functions, physical locks and storage security and implementation of web passwords and IT security systems. When we collect video footage of our Franchisee’s locations, we limit access to certain senior officers of TG Corporate Holdings Limited.

We also use appropriate security measures when destroying Retail Client and Franchisee personal information, including shredding paper records and to the extent reasonably possible, permanently deleting electronic records.

We retain Franchisee and Retail Client personal information only as long as is reasonable to fulfill the purposes for which the information was collected or for legal or business purposes.

Access to records containing personal information

Franchisees and Retail Clients have a right of access to their own personal information in a record that is in our custody or under our control, subject to some exceptions. For example, organizations are required under the Personal Information Protection Act to refuse to provide access to information that would reveal personal information about another individual. Organizations are authorized under the Act to refuse access to personal information if disclosure would reveal confidential business information. Access may also be refused if the information is privileged.

If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold that information and provide you with the remainder of the record.

You may make a request for access to your personal information by writing to

Michael Hansen General Counsel (Privacy)
#4 – 1890 Cooper Rd, Kelowna, BC, V1Y 8B7
P: 250-869-1639 x 108

Or by sending an email to michaelh@tommyguns.com

You must provide sufficient information in your request to allow us to identify the information you are seeking.

You may also request information about our use of your personal information and any disclosure of that information to persons outside our organization. For personal information collected before January 2004, if we do not have a record of disclosures, we will provide information about any disclosure of your information that is likely to have occurred.

You may also request a correction of an error or omission in your personal information.

We will respond to your request within 30 calendar days, unless an extension is granted. We may charge a reasonable fee to provide information, but not to make a correction. We will advise you of any fees that may apply before beginning to process your request.

Questions and complaints

If you have a question or concern about any collection, use or disclosure of personal information by Tommy Gun’s, or about a request for access to your own personal information, please contact in the first instance, at the following:

Michael Hansen General Counsel (Privacy)
#4 – 1890 Cooper Rd, Kelowna, BC, V1Y 8B7
P: 250-869-1639 x 108
Or by sending an email to michaelh@tommyguns.com 

If you are not satisfied with the response you receive, you may also contact the Information and Privacy Commissioner of Alberta:

Office of the Information and Privacy Commissioner of Alberta
Suite 2460, 801 – 6 Avenue, SW
Calgary, Alberta T2P 3W2
Phone: (403) 297-2728 Toll Free: 1-888-878-4044
E-mail: generalinfo@oipc.ab.ca Web site: www.oipc.ab.ca