ProShyft Privacy Policy

PRIVACY POLICY
(CANADA)


Effective Upon: January19, 2021

LastUpdated: January 19, 2021

At ProShyft Inc. (“us”, “our”, “we”), the respectand privacy of your private life is of the utmost importance. We want youunderstand how we collect, use, disclose and protect your personalinformation, as well as how you can manage the personal information we collectfrom you. This Privacy Policy applies to your useof our website, products, services, programs, andfeatures, either online or offline (collectively, the “Services”).

By using our Services, you are acceptingthe terms of this Privacy Policy. If you do not agree to the terms of thisPrivacy Policy, please do not use our Services. If you do not understand, or ifyou have questions about, this Privacy Policy, please contact us before using,or continuing to use, our Services.

This Privacy Policy complementsour Terms of Use, which are accessible here.

PERSONALINFORMATION

Personal information means informationabout an identifiable individual (“personalinformation”), and does not include information that cannot be attributedto an identifiable individual, such as information of an aggregate or anonymousnature (collectively, “non-personalinformation”).

CONSENT

We willobtain your express consent prior to or when collecting, using, or disclosingyour personal information for any purpose not described in this Privacy Policy,or for a purpose that was not identified to you nor reasonably expected at thetime of collection, unless we are required or permitted by law not to obtainyour consent.

We may relyon your implied consent in certain circumstances, after taking into accountfactors such as the sensitivity of the personal information and your reasonableexpectations.

We will limit the collection, use, anddisclosure of your personal information to only that which is necessary for thepurposes identified, unless you have otherwise consented, or when suchcollection, use, and/or disclosure is permitted or required by law.

You can always refuse to provide yourpersonal information, except that it may prevent you from using our Services or receiving responses to yourinquiries or other information of interest.

COLLECTION

General

We collect two basic types of informationfrom you when you provide it to us or when you use or interact with ourServices: personal information and non-personal information.

The personal information wecollect from you directly includes the following:

  • first and last name;
  • mailing address, email address, and phone number;
  • credit card number, banking information, and billing address;

We need to collect personalinformation from you in order to provide you with our Services, as well as toimprove your experience using our Services. We will only collect, use, anddisclose the personal information that we need in order to provide you with ourServices.

You may also provide us with personalinformation in several other ways, including, for example when you:

·        use our Services, including visitingour website, posting on our online forum, or purchasing our goods/services(i.e. via an order form);

·        create an account or membership(i.e. via our website’s registration form);

·        correspond with us, includingthrough surveys and contests;

·        sign up to receive our newsletteror promotional information;

·        ask for customer service, supportor other assistance; or

·        interact with us in any other way,online or offline, including through our Services.

Technologies

Like many websites, we may use cookies,web beacons, and/or similar log files. These are small text files that arestored on your computer browser or device when you visit certain online pages,images on web pages that track user activity on the website, or similar. We usethese technologies to collect certain information in order to better youronline experience.

You can set your browser or device torefuse all cookies or to indicate when a cookie is being sent. Setting yourbrowser or device to decline cookies will prevent web beacons from trackingyour activity. If you delete your cookies or if you set your browser ordevice to decline these technologies, some of our Services may not functionproperly. Our Services do not currently change the way they operate upon detectionof a “do not track” or similar signal.

We also use various types of onlineanalytics, including Google Analytics, a web analytics service provided byGoogle, Inc. (“Google”), on ourServices. Google Analytics uses cookies or other tracking technologies to helpus analyze how users interact with and use our Services, compile reports on therelated activities, and provide other services related to website activity andusage. The technologies used by Google may collect information such as your IP address,time of visit, whether you are a return visitor, and any referring website orapp. The information generated by Google Analytics will be transmitted to andstored by Google and will be subject to Google’s privacy policies. Tolearn more about Google’s partner services and to learn how to opt out oftracking of analytics by Google click here.

           OtherSources

We may also collect personal informationfrom other sources (such as our third party service providers) or from ouroffline interactions with you to, among other things, enable us to verify orupdate information contained in ourrecords and to better customize the Services for you.

Our Services may, from time to time,contain links to and from social media platforms. You may choose to connect tous through a social media platform, such as Facebook or Twitter, and when youdo, we may collect additional information from you (including personalinformation), such as your screen names, profile picture, contact information,contact list, and the profile pictures of your contacts, through the socialmedia platform. Please be advised that social media platforms may also collectpersonal information from you. When you click on a social plug-in, such asFacebook’s “like” button or Twitter’s “tweet” button, that particular socialnetwork’s plug-in will be activated and your browser will directly connect tothat provider’s servers. We do not have control over the collection, use anddisclosure practices of social media platforms and encourage you to reviewtheir privacy policies and practices, including their data security practices,before using these social media platforms.

USE

Unless otherwise consented by you inadvance, or as may be permitted or required by law, or if you have providedimplied consent for the use of less sensitive personal information, we willonly use your personal information to fulfill the purposes for which it wascollected (and in accordance with this Privacy Policy).

We use personal information to:

·        provide you with our Services;

·        respond to your requests andcommunications;

·        maintain and improve our Services;

·        track your projects/jobs;

·        measure performance (such as ourcustomer care interactions with you);

·        develop new products and services;

·        conduct surveys (and when conducting surveys we ensure that samples arerepresentative of the general population) and research to better understand thepreferences of our customers like you;

·        provide personalized Services,including content and ads;

·        provide you with, and improve, relevant marketing offers orinformation from us or third parties;

·        provide you with other specialoffers and promotional items;

·        respond to legally binding demandsfrom law enforcement, regulatory authorities or other third parties;

·        defend, protect or enforce ourrights or Terms of Use;

·        to prevent fraud or the recurrenceof fraud;

·        assist in the event of anemergency; and

·        comply with applicable law.

We may use non-personal information forany legitimate business purpose.

DISCLOSURE

Except as set forth in this PrivacyPolicy, or as required or permitted by law, we do not disclose your personalinformation to any parties other than our service providers and our affiliates,and their respective directors, officers, employees, agents, consultants,advisors or other representatives who or that have a need to use your personal informationto provide (or improve) our Services, to legal or regulatory authorities, orfor other purposes for which you have provided your consent. In no event willwe sell or rent your personal information.

We may disclose personal information:

·        to our third party serviceproviders to help us with the uses described in the Use section, above;

·        to comply with your directions orany additional consent you have provided us;

·        toother parties where we are under a duty to disclose your personal informationin order to comply with any applicable legal obligation including a regulatoryprocess, or an order of a government institution, investigative body,regulatory body or judicial authority of competent jurisdiction;

·        wherewe transfer or are considering transferring control of any or all of ourassets, operations or services to a third party acquirer of all orsubstantially all of our assets, including our rights and obligations relatingto our Services, to a third party. The third party may continue to retain anduse the personal information that you provided to us. We will act in areasonable manner, including by contractual or other means, to ensure that thethird party agrees to similarly be bound by this Privacy Policy or a privacypolicy that provides substantially similar measures to those employed by us toprotect the privacy and security of your personalinformation andto similarly comply with applicable privacy legislation with respect to your personal information, but we cannot guarantee such latter compliance by the third partyacquirer; and

·        wherewe merge, consolidate, or amalgamate with a third party, the merged,consolidated, or amalgamated entity may continue to use and disclose your personal information. We will use our best efforts to ensure that the merged, consolidated,or amalgamated entity agrees to similarly be bound by this Privacy Policy or aprivacy policy that provides substantially similar measures to those employedby us to protect the privacy of your personal information and to similarly comply with applicableprivacy legislation with respect to your personalinformation, but we cannotguarantee such compliance.

We disclose non-personal information tothird parties as reasonably necessary to meet our business needs. We do notdisclose your personal information to third parties for their own directmarketing purposes without your consent.

SECURITY

We are concerned about ensuring thesecurity of your personal information, and we have taken appropriate measuresto ensure its security and confidentiality. We exercise great care in providingsecure transmission of your information from your browser or device to ourservers. We store personal informationthat we have collected in secure operating environments and utilize securityprotocols such as passwords and firewalls. We will only retain your personalinformation for the period reasonably required to fulfill the purposes forwhich it was collected. We may retain non-personal information for as long aswe have a business need to do so.

Once we receive your personal information,it may be transferred to and maintained on or in computing systems or cloud-basedservers located outside of your province or country, and in jurisdictions (inCanada and/or the U.S. only) where the data protection laws may differ thanthose of your jurisdiction.  Your consentto this Privacy Policy followed by your disclosure of your personal informationrepresents your agreement to such transfer and maintenance.

All of our service providers are contractually obligatedto employ appropriate data security measures with respect to your personal information and to collect/use/disclose/retain it only within thescope required for the provision of our Services. The service providers wecontract with will use your personalinformation only if required to perform theirrespective services. These include, for example, IT service providers that we retainto operate and safeguard our IT system that stores your personal information.

We try our best to safeguard personalinformation once we receive it, but please understand that no transmission ofdata over the Internet or any other public network can be guaranteed to be 100%secure. If you suspect an unauthorizeduse or security breach of your information, please contact us as soon aspossible.

ACCESS, UPDATES,AND REMOVAL

On your reasonable written request, wewill provide you, not later than thirty (30) days from our receipt of yourrequest, or such additional time as required by law, with access to orinformation about your personal information (if any) under our custody orcontrol, and the names of persons to whom, and any circumstances in which, yourpersonal information has been and is being disclosed by us. You must providesufficient information in your request to allow us to verify your identity andidentify the information you are seeking.

If you request a copy of your personalinformation and the personal information can reasonably be reproduced, we willprovide you with a copy of the personal information, or, if applicable, we willgive you reasons for any delay in providing a copy of the requested personalinformation. All requests may be subject to minimal costs, in accordance withapplicable privacy legislation.

We reserve all rights not to disclosepersonal information, in whole or in part, in certain circumstances permittedor required by law, including but not limited to where:

  • the personal information is protected     by any legal privilege;
  • the disclosure of the personal     information would reveal confidential commercial information;
  • the     disclosure could reasonably be expected to threaten the safety or physical     or mental health of an individual;
  • the personal information was generated in     the course of a formal dispute resolution process; or
  • the personal information was     collected by us without your knowledge and consent for reasonable purposes     related to investigating a     breach of an agreement or a contravention of the laws of Canada or a     province.  

If access to your personal information isrefused, in whole or in part, we will provide you with the reasons for therefusal, the provision of applicable privacy legislation on which the refusalis based, and the contact information of the Privacy Officer who can answeryour questions about the refusal, and will inform you that you may ask for areview of the refusal in accordance with applicable privacy legislation.  

To submit a request to access yourpersonal information or designate an authorized agent to make a request toaccess your personal information, please contact us. Our security proceduresmean that we may request proof of identity before we disclose your personalinformation to you.

The accuracy of the information we haveabout you is very important. To submit a request that we update your personalinformation, please contact us.

On your request, we will make everyreasonable effort to correct outdated personal information, or errors oromissions in your personal information where that personal information is inour custody or control. Such request must be in writing, signed by you, andinclude sufficient detail to enable us to identify any personal information inour custody or control in relation to the request.

We will, as soon as reasonably practicaland not later than thirty (30) days from our receipt of your request, or withinsuch additional time as permitted or required by law, either correct thepersonal information and, if applicable and reasonable to do so, sendcorrection notifications to any third party to whom we disclosed the incorrectpersonal information, or decide not to correct the personal information, but wewill annotate the personal information under our control to indicate that acorrection was requested but not made.

We will inform you of the action that wehave taken in response to your request for correction, the contact informationof the Privacy Officer who can answer your questions about your request forcorrection, and that you may ask for a review of the action taken in accordancewith applicable privacy legislation.

CHANGES TO THISPRIVACY POLICY

We reserve the right to change our PrivacyPolicy from time to time by posting the changes here. If we make any changes tothis Privacy Policy that materially affect your rights, we will provide youwith notice by prominently posting those changes on our website, or via email,or both. Your use of our Services after we have made changes to our PrivacyPolicy will mean that you have accepted those changes.

CONTACT US

If you have questions, concerns, or wouldlike to update/change your personal information, you can always contact ourPrivacy Officer in the following ways: