1. Use by Users Outside Canada and the United States
2. Agreement and your consent.
3. Scope of Policy
4. The Information We Collect
The Site offers business information about Think Smart and its Affiliates. The Site is not to be used by individual consumers to purchase consumer products or services.
The type of information we collect from users of the Site includes information by which an individual may be identified (“personal information”) such as their first and last name, email address, address, and telephone number. We also collect business information from users, and information by which users cannot be individually identified, such as information about a user’s computer, Internet connection and Site usage.
We collect this information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site, provide us with Suggestions through the Site, post User Posted Content to the Site, or if you send us information via email through the Site.
We also collect information automatically as you navigate through the Site, including about your equipment, browsing actions and patterns, including as follows:
We record general statistical and tracking information, such as the date and time you access the Site, the places you visit on the Site, and the time you spend using the Site.
We receive and record information about your computer and its systems and in our server logs from your browser, including your IP address (the Internet address of your computer), your computer and its systems, the type and version of your web browser, referrer addresses and other server log information.
We also may, but are not obligated to, monitor your use of the Site.
5. Our Use and Disclosure of this Information
We may use the information that we collect about you or that you provide to us as set forth above, including your personal information, as follows:
For any Think Smart and/or its Affiliates’ business purpose;
To provide you with the information, products and services that you request from us;
To fulfill any other purpose for which you provide the information to us;
To notify you about changes in the Site, its governing documents, or any products or services we offer through the Site;
To allow you to participate in interactive sections of the Site;
To inform you about our and/or our Affiliates’ programs, goods and services and/or those of third parties in which we determine you may be interested;
To communicate with you about your use of the Site and regarding Think Smart and its Affiliates’ business;
For any other purpose to which you consent;
In any other way we may describe when you provide the information; and
To aggregate user information.
We may also use and disclose to others the information we gather from you, including your personal information, as follows:
To fulfill the purpose for which you provide the information, for any other purpose disclosed when you provide the information, and for any purpose to which you consent.
We may disclose your information to Affiliates of Think Smart and allow them to use and disclose your information for any Think Smart and/or its Affiliates’ business purpose.
We may employ other companies, services providers and our own Affiliates to perform functions on Think Smart’s behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending electronic mail, fulfilling orders for products, services or information, or other functions necessary to our business, and we may disclose your information to these companies so that they can perform their functions for us.
We may use and disclose your information as we view necessary or prudent to protect our and our Affiliates’ safety, rights and/or property and that of others and other users, to enforce and/or to report abuse or violation of the Site’s governing documents, and in connection with our obligations under the DMCA.
We may use and disclose your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us and/or our Affiliates.
We may use and disclose your information to the extent we believe we are required to do so by law, including to comply with any court order, law or legal process, and to respond to any government or regulatory request;
We may transfer and disclose your information in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the assets of Think Smart and/or one of its Affiliates, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by Think Smart and/or the Affiliate is among the assets transferred.
We may compile statistical and aggregated information about users of the Site and their use of the Site, and we may use, disclose and transfer this information, as well as any information that does not identify an individual, and any Suggestions you provide, for any purpose without restriction.
We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
With respect to some services we provide customers, we may expressly agree at the time such services are requested to provide different, specific and higher levels of security and data segregation. In addition, in particular circumstances, when you submit certain information to us through this Site, we may agree in connection with such information to provide additional protections to, and restrictions upon our use of, your personal information. For example, if you apply to qualify to join our network as an independent sales agent, BCO or approved broker carrier, the application materials may make additional commitments to you as set forth in such materials.
7. Relationship to Other Contracts
The Site is not directed to or intended to be used by persons under the age of 18, and Think Smart does not knowingly collect personal information from persons under the age of 18. If we learn that a person under 18 has provided us with personal information through this Site, we will delete this information from our databases.
9. Update Your Personal Information.
11. Contact Us
CANADA PRIVACY STATEMENT
(This Policy Statement was last updated June 5th, 2013)
If you are Canadian, this privacy statement may apply to you.
This Statement applies to all personal information received by Think Smart from Canada, in any format, including electronic, paper or verbal.
For purposes of this Statement only, the following definitions shall apply:
“Agent” means any party that collects or uses personal information under the instructions of, and solely for, Think Smart, or as to which Think Smart discloses personal information for use on Think Smart’s behalf.
“Think Smart” means Think Smart System Holdings, Inc.
“Personal information” means any personally identifiable information. Personal information does not include information that is anonymized.
3. PRIVACY PRINCIPLES
CONSENT, COLLECTION AND USE
Think Smart identifies the purposes for collecting personal information at or before the time it is collected and informs individuals of the choice and means, if any, Think Smart offers individuals for limiting the collection, use or disclosure of their personal information. Think Smart will provide individuals with reasonable mechanisms to exercise these choices.
Think Smart will not collect, use or disclose your personal information without your informed consent, unless required or permitted to do so by law, or unless otherwise noted in this Statement.
Think Smart will only use and/or disclose personal information in accordance with the purpose for which it was collected, unless subsequently consented to, or when required or permitted by law.
If Think Smart receives personal information from its subsidiaries, affiliates or other entities in Canada, it will use and disclose such information in accordance with the consent received by such entities at the time of collection and the choices made by the individuals to whom such personal information relates.
Think Smart will obtain assurances from its Agents and any third party to whom Think Smart discloses personal information that such Agent and/or third party will safeguard personal information consistently with this Statement. Think Smart will enter into a contract with such Agent and/or third party prior to affecting a transfer of personal information, which contract will provide at least the same level of protection as is required by this Statement and by applicable privacy legislation. Where Think Smart has knowledge that an Agent and/or third party is using or disclosing personal information in a manner contrary to this Statement, Think Smart will take reasonable steps to prevent or stop the use or disclosure of the personal information and/or to obtain the Agent’s and/or third party’s deletion, destruction, anonymization or return of the personal information.
Think Smart will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, use, disclosure, alteration and destruction.
Think Smart will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Think Smart will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. Except as otherwise permitted or required by law, personal information is retained for so long as is reasonably necessary to fulfill the purposes for which it was collected, at which point it is deleted, destroyed, returned or otherwise anonymized.
Upon request, Think Smart will grant individuals reasonable access to personal information that it holds about them. In addition, Think Smart will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by contacting Think Smart as provided below.
Think Smart will conduct compliance audits of its relevant privacy practices to verify adherence to this Statement. Think Smart will use contractual or other means to ensure that its Agents provide a comparable level of protection over your personal information while the information is being processed by such parties.
Only employees whose duties require access to personal information are granted such access, and only to the extent necessary. Employees are accountable for ensuring this Statement is followed at all times. Any employee that Think Smart determines intentionally violates this Statement will be subject to disciplinary action up to and including termination of employment.
4. RELATIONSHIP TO OTHER CONTRACTS
The terms of this Privacy Statement do not affect or amend the terms of any specific contract(s) you have entered or may enter into with Think Smart or its Affiliates, and your and Think Smart’s (or its Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract(s).
5. GOVERNING LAW AND DISPUTE RESOLUTION
This Statement, and the handling of personal information under this Statement, is governed solely by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws.
Think Smart is based in the state of Florida in the United States. As a result, personal information may be processed, used, stored or accessed in the United States and may be subject to laws of that jurisdiction. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. In particular, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Think Smart at the address given below. Think Smart will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of personal information in accordance with the principles contained in this Statement.
Any claim or cause of action you may have arising from, connected with, or relating to this Statement or to Think Smart’s handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
6. CONTACT INFORMATION
Questions or comments regarding this Statement and Think Smart’s information handling policies and procedures should be submitted to Think Smart’s Corporate Communications department by mail or e-mail as follows:
Think Smart Inc., attn: Corporate Communications,
55 Village Centre Place,Mississauga, Ontario
L4Z 1V9 Canada.
By e-mail: firstname.lastname@example.org
7. CHANGES TO THIS STATEMENT
Any changes to this Statement and to Think Smart’s information handling practices will be acknowledged in this Statement in a timely manner. Think Smart may add, modify or remove portions of this Statement when it feels that it is appropriate to do so. For substantive changes, Think Smart will make reasonable efforts to give notice of any changes to this Statement. Think Smart may provide notifications of substantive changes prominently on its website and/or send an email or other form of communication notifying individuals of substantive changes to the Statement. Substantive changes to the Statement will be binding thirty (30) days after such changes have been introduced and for which notification of such substantive changes has been made. The date when this Statement was most recently amended is noted at the top of this Statement.