Privacy policyTough Commerce

This policy describes the types of personal information we collect from you when you visit or place an order on our website or mobile app, and explains how we use, process, disclose, and protect the personal information. This policy also describes your rights and the choices you can make about this information.

What personal information we collect?

On our website or mobile app

When you visit our website or our mobile app you may choose to provide some personal information such as information necessary to process an order from one of the contractors or suppliers. You may also provide personal information when you contact us through our online form or when you apply for employment with us.

When you place an order on our website from a contractor or supplier, we only collect your name, delivery address and phone number so we can deliver our products to you. We may also collect personal information, such as credit card number and billing address, to process your payment. Any personal information you provide to the contractors and suppliers directly is subject to the privacy policy of those partners.

When you apply for a position on our website, we collect information you provide with your application, such as information on your resume and cover letter as well as name and email address. We use this information to process your application.

When you sign up for our newsletter, we collect your email address so we can deliver our newsletter and updates to you.

On our platform

If you are a driver delivering products on behalf of our suppliers, we may collect your personal information to help us deliver our service. Information we may collect includes your device identification and location data helping us provide order tracking capabilities to our customers.

Information we collect automatically

Whether you are a contractor, supplier or customer visiting our website or mobile application, we may collect personal information using cookies and other automatic data collection technologies. This data helps us understand how you use the site features and the content of the website in order to make improvements and tailor the content to your preferences. We may collect information such as IP address, physical address, unique identifiers and device identification, browser tokens, digital signatures as well as site usage information, such as browser type, time zone settings, language preferences, operating system, length of visit, pages viewed on our website.

You can opt-out of cookies or prevent third-party websites from accessing our Cookies through the privacy settings on your browser. However, opting-out of our Cookies may disable some of our website’s features, and may prevent us from providing you with the information and services you have requested.

How we may use your personal information?

We may use this personal information for the following purposes:

  • to process orders for services or products;
  • to provide order tracking capabilities to our customers;
  • to process payments made on our website or mobile application;
  • to contact you in regards to your orders and inquiries;
  • to improve our website and to provide you with a personalized experience;
  • to allow you to visit and interact with the website, such as to send us inquiries;
  • to identify you when you return to our website or when you contact us;
  • with your consent where required, to send you promotional communications such as special offers, or other promotions;
  • to conduct internal analyses and maintain appropriate records for internal administrative purposes, such as analyzing trends, usage, and activities of visitors and users of the website and mobile applications.
  • to review and assess your application for employment at Tough Commerce;
  • to detect, prevent or investigate security breaches or fraud;
  • to protect our business, including to enforce rights or to comply with applicable laws and for any other purposes to which you provided consent.

You may refuse to provide us with your personal information. However, some personal information is necessary so we can process orders for services or products.

Our website might include links to third-party websites as well as content and applications hosted and served by third parties. When you clicking on those links, these third-party may collect your personal information. If you follow a link to a third-party website, please refer to the third-party’s privacy policy for information on the type of personal information it collects, and how it uses or discloses it.

How we may share your personal information? We share your personal information with:
  • Contractors and suppliers so they can fulfill your order. The contractors and suppliers may also share certain personal information, such as your name, delivery address and phone number with the delivery services they use;
  • payment processing and fraud prevention providers to process your payment;
  • providers helping us operate our website and mobile application, as well as offering services such as hosting, data analysis, event logging, information technology, digital and other marketing;
  • a buyer or a successor in the event of a merger, restructuring, or other sale or transfer of some or all of our assets;
  • advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others;
  • or to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law, or when we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tough Commerce, our customers, or others

We only use service providers that ensure a comparable level of protection for your personal information and are under legal and contractual obligations to adhere to applicable privacy and data protection legislation, to safeguard personal information in accordance with the sensitivity of the information, and to only use the personal information provided to them for the purposes in which it was disclosed.

How we protect your personal information?

We use reasonable and appropriate security measures designed to help secure your personal information against unauthorized use, loss, access, modification, destruction or disclosure while it is in our custody or under our control. These measures include physical, organizational and technological measures that are proportionate to the quantity and sensitivity of the personal information. Physical measures include secure work areas, and technological measures include encryption, firewalls, anti-virus and system security monitoring. Organizational measures include the use of access controls to restrict access to personal information on a “need to know” basis for our employees, contractors and agents.

Location and retention of your personal information

The personal information we collect is stored and processed on servers located in Canada and UnitedStates. Information stored in the United States may be subject to the laws of general application in theUnited States, including lawful access. If we transfer your personal information outside of your jurisdiction,we will take steps to ensure your information is adequately protected in accordance with applicable privacy and data protection laws.

The time periods for which we retain your personal information depend on the purposes for which we collected it. We routinely destroy personal information that is no longer required for the purpose for which it was collected, including for the purposes of processing the service or product you ordered, or meeting any legal or reporting requirements.

Accuracy of personal information

Tough Commerce takes reasonable steps to ensure that your personal information in our custody is accurate and up-to-date for the purposes for which the information was collected by Tough Commerce.

Your Rights

Depending on where you reside, you may have one or more of the following rights relating to your personal information. Some of these rights will be subject to specific requirements or limitations under applicable law. Available rights may include:

  • Right to opt-out: You may “opt-out” or withdraw your consent at any time to the collection, use,disclosure or any other form of processing of your personal information.
  • Rights of access, correction and erasure: You may request access to and obtain a copy of any of your personal information that we hold, to request the correction of any inaccurate,outdated or incomplete information related to you or to request the deletion of your personal information under certain circumstances. You also have the right to know the types of personal information is being collected, whether your personal information is being sold or shared, and to whom it is being sold or shared.
  • Data portability: You may request to receive all personal information that we hold in a structured,commonly used and machine-readable format. You may also require that we share this information to another entity, where this is technically feasible.
  • Right to objection or restriction of processing: You may object to or restrict our processing of your personal information under specific circumstances. Where your personal information is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims. You may also have the right to opt-out of the sale of personal information to third-parties. In addition, you may have the right to object to processing (including profiling)where we are relying upon legitimate interests to process personal information.
  • Right to object to direct marketing (including profiling): you may have the right to object toour use of your personal information (including profiling) for direct marketing purposes.
  • Right to equal service and price: you have the right to be free from discrimination, for instance,being charging a different price or providing a different quality of goods or services to you for ex-ercising your rights.

If you wish to exercise any of these rights, please contact us by sending an email to [email protected]. We will respond within 30 days. If we cannot accommodate a request, we will provide you with a justification.

Children’s Privacy

We do not knowingly collect personal information from children under the age of 13. None of our products or services are intended for use by children under the age of 13. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please notify us and we will promptly respond.

Contact us

If you have any questions or comments about this Privacy Policy, or regarding your personal information,the ways in which we collect and use your personal information, or your choices and rights regarding such use, please contact us by email at to [email protected]. If after you contacted us you are still not satisfied, you have the right to file a complaint with your local privacy authority.

Updates

We may make changes to this Privacy Policy to reflect our current use and treatment of your personal information. If we change the way we handle your personal information, we will update this Privacy Policy and notify you or seek your consent as and when appropriate.

Last modified: March 2021