How we use your information

We use the personal information we collect from you to provide you with our Services, to fulfill a contractual obligation (for example, to process your orders), to improve our Services or where we need your personal information for a legitimate business interest. These legitimate interests include: 

• verifying your or your business’ identity

• preventing risk and fraud

• answering questions or providing other types of support

• providing, securing, debugging and improving our Services and websites

• providing reporting and analytics

• testing out features or additional services

• assisting with marketing, advertising, or other communications

• understanding your needs and eligibility for products and services

• personalizing your experience on our Services, such as presenting tailored content

• complying with tax, legal and regulatory requirements

• enforcing our Terms of Use and / or compliance with this Privacy Policy

We may also collect and use your personal information for any other purpose to which you consent.

We only collect the personal information we consider necessary for achieving these purposes.

We may use information that is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person for any business purpose.

Your use of others’ personal information

In using our Services, you may provide us with the personal information of others. In these circumstances, we are only a “processor” or “service provider” of such information as these terms are used in European and California privacy law. 

Where we act as your processor or service provider, we only process (collect, use, disclose, etc.) such information as directed by you for the exclusive purpose of providing you our Services. For example, when you use Freight Club to select a carrier to ship products to your customers, you may provide us mailing and other personal information about your recipients which we pass on to the carrier of your choice to facilitate your shipment. In such cases, we do not use your customers’ or employees’ information to independently market or advertise to them unless they are also using our Services directly.  

You are responsible for the personal information of others that you disclose to us via our Services and for ensuring that your instructions regarding the processing of such information comply with applicable data protection laws.  

Your rights over your information

Depending on your use of our Services and where you reside, you may have the right to request access to, correct, amend, delete, or object to certain uses of your personal information (for example, by unsubscribing from direct marketing emails). 

We strive to provide you with the ability to exercise these rights yourself via our Services. For example, you can access, update and correct most of your information from your account settings pages. If you cannot exercise a particular right via our Services, you can always contact our privacy team using the contact information below. Please note that if you send us a request relating to your personal information, we have to make sure that it is you before we can respond. In order to do so, we may ask to see documentation verifying your identity. 

If you are an individual who wishes to exercise your rights over information that one of our Customers may be storing or processing via our Services for their own purposes, you will need to contact the Customer directly. In this scenario, we are only a service provider acting at their direction, and we cannot decide how to process their information.  

When and why we share your information with others

In order to operate our websites and provide you with the products and services you have requested, we may share your personal information with third parties in the following circumstances.   

• Service Providers and Contractors: We may transmit your information to service providers who assist us with services such as processing and fulfilling orders, shipping products ordered by customers, processing payment information, sending advertising and marketing materials on our behalf, providing search results and links, providing services for customer reviews and feedback, and tax reporting. These third-party service providers may have access to personal information of our customers needed to perform their functions and will use such information only for such specific purposes. 

• Affiliated Companies and Successor Entities: We may make your personal information available to our affiliated companies that are part of the Cymax Group family of companies (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control) who we believe may have products or services of interest to our customers. Further, if we merge with or are acquired by another company, are involved in a bankruptcy, or if the ownership or control of all or part of our Services or their assets changes, information about you may be transferred to such entities. Any successor in interest will remain bound by the terms of this Privacy Policy as it relates to your information. 

• Law Enforcement, Government Agencies, and Professional Advisors: We may provide any and all information we have about you to law enforcement or other government agencies pursuant to a subpoena, bankruptcy proceedings, warrant, or other order by a court of competent jurisdiction, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, prevent or investigate suspected fraud, threats to physical safety, illegal activity, violations of a contract or our policies, to comply with a law or regulation, or if we are otherwise legally required to do so, such as in response to a court order or legal process, in response to a government request, , or to establish, protect, or exercise our legal rights or to defend against legal claims or demands. 

We also share certain categories of personal information with third parties to provide personalized online advertising and with third parties for their direct marketing purposes. Under the CCPA, some of this information sharing may be broadly considered a “sale” of Personal Information. Except for this type of sharing, we do not sell your Personal Information. We share identifiers (such as name, email address, IP address and online identifiers), commercial information, internet or other electronic network activity information, and inferences drawn from personal information with third parties for these purposes. If you are a California resident, you can opt out of the sale of your personal information as described above. 

Where your data resides and international data transfers

Our Services are managed and operated by the Cymax Group’s team at its headquarters in Burnaby, British Columbia, Canada. We rely on the service providers mentioned above to deliver our Services, many of which may be located in or process your data in the United States. 

If you reside outside of the United States, your personal information may be subject to privacy laws that are less restrictive than those in your home country. By using our Services or otherwise submitting your personal information to us, you agree to the transfer, storage and processing of such information in the United States. 

How we protect your information

We maintain industry standard security safeguards to protect your information and ensure its confidentiality, integrity and availability. While we do our best to protect your information on our platform, we cannot guarantee absolute security of your personal information. To learn more about our information security measures, please see our Security Practices.

How we use cookies and other tracking technologies

We use cookies and similar tracking technologies on our website and when providing our Services. For more information about how we use these technologies, and an explanation of how you can opt out of certain types of cookies, please see our Cookie Policy.

Your California privacy rights

If you are a California resident, you may exercise the following rights with respect to personal information (as defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”)) that we collect as a business under California law. 

Right to know and access personal information 

You have the right to request to be informed about the (1) categories of personal information collected, sold, or disclosed by us, (2) purposes for which categories of personal information are collected or sold by us, (3) categories of sources from which we collect personal information, (4) categories of third parties with whom we disclosed or sold personal information, and (5) specific pieces of personal information that we collected about you during the prior twelve months.  

Right to request deletion of personal information

Subject to certain exceptions, you have the right to request that we delete the personal information about you that we collected from you.  

Right to non-discrimination 

You have the right not to receive discriminatory treatment by a business for the exercise of your CCPA privacy rights, subject to certain limitations.  

 Right to opt-out of the sale of personal information 

You have the right to opt-out of the sale of your personal information. The CCPA defines “sale” very broadly to cover common industry practices, including providing you with a customized experience on our website and app. You may opt out of the sharing activities that meet the CCPA’s definition of “sale”, as described below.       

Exercising Your California Privacy Rights  

If you are a California resident and would like to exercise your rights under the CCPA, you may do so via our online form here, or you can contact us by sending an email to privacy@cymax.com with "Your California Privacy Rights" in the subject field of your email, by calling toll-free at 1-844-929-4709, or by mail to our address listed in the “How you can reach us” section below.   Requests related to your personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, you can email us at privacy@cymax.com, call us, or mail a letter with your name, mailing address, email address, and phone number in your request and we will reach out to you. However, we will not provide any information that we reasonably believe may be subject to fraudulent action. 

Authorizing an agent 

An authorized agent may submit a request on your behalf by sending a written authorization signed by you to the email in our “How you can reach us” section. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request. 

Do not track 

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. 

Additional information for EU and UK residents

Member companies of the Cymax Group, acting individually or jointly with affiliates and /or subsidiaries, act as data controllers in respect of the following data processing activities:  

• collecting information from you to set up and administer your accounts and to fulfil your orders and returns; 

• monitoring usage information on our website; 

• managing your contact and other related information to send marketing, Services, and other communications to you; 

• responding to a support or general inquiry; and 

• recruiting individuals for job opportunities. 

Member companies of the Cymax Group act as processors of personal information where you are determining the purposes means of the processing of the data, such as when you send us personal information about your the recipients of your shipments (i.e. consignees) to send to the carriers of your choosing when using the Freight Club service, as outlined in the section “Your use of others’ personal information” above.

Where Cymax Group is acting as a data controller, you may have the following additional rights in addition to the rights over your information described above if you reside in the European Union or the United Kingdom: the right to object to the processing of your personal information; the right to restrict processing of your personal information; and the right to have your personal information provided to you in a structured, machine-readable and commonly used format. You may exercise these rights by contacting us using the contact information provided below.

When acting as a data controller, we rely on the following legal bases when processing information about you:

• Your consent (for example, when you have provided your information to sign up for an account; or you have provided your employment history when applying for a job). Where we rely on your consent to process personal data, you have the right to withdraw your consent at any time.

• It is necessary to perform a contract (for example, we may need your information to fulfill our obligations of providing Services to you under the terms relevant to the Services you have acquired).

• Legitimate interest (for example, to provide and maintain the Services to you, to maintain the security of the Services, and to attract new customers to maintain demand for the Services, all of which are described in the “How we use your information” section above).

• In some cases, we may have a legal obligation to process your personal data to comply with relevant laws (for example, processing payroll and tax information to comply with relevant employment and tax legislation); or processing is necessary to protect your vital interests or those of another person (for example, obtaining health-related information during a medical emergency).

As described in the “Where your data resides and international data transfers” section above, your personal information may be transferred to the Cymax Group’s servers and service providers outside of the EU and the UK. We rely on the European Commission’s adequacy decision for the lawful transfer of European data to our servers and service providers in Canada. For any onward transfers to our service providers in the United States, we rely on your consent. 

In the event you consider the Cymax Group’ processing activities of your personal data to be inconsistent with applicable data protection laws or that the Cymax Group has not sufficiently ensured the realization of your rights, you have the right to file a complaint with the local supervisory authority responsible for data protection matters in your jurisdiction. The contact details of the data controller are set out below.

Changes to this Privacy Notice

We may make changes to this Privacy Policy at any time, in our sole discretion. We will notify you when we make any material changes, but we encourage you to stay informed by reviewing this policy periodically. By continuing to use our Services you confirm that you agree to the modified Privacy Policy. If you do not agree with the changes to this Privacy Policy, you should stop using our Services and close your account. 

How you can reach us

If you would like to ask about, make a request relating to, or complain about how we process your personal information, you can contact us by email at privacy@cymax.com, by calling us toll-free at 1-844-929-4709, or by sending a letter to: 

Attn: Privacy Officer 

Cymax Group Technologies Ltd. 

200-4621 Canada Way, Burnaby. V5G 4X8, B.C., Canada