GHY International and its affiliates (collectively “GHY”, “we”, “us”, “our“), are committed to protecting your privacy, and support a general policy of openness about how we collect, use, store and disclose (collectively “Process”) your Personal Information (as defined below) through our website. For the purposes of this Privacy Statement, “affiliates” has the same meaning as in the Corporations Act – Manitoba Laws C.C.S.M. c. C225.

The purpose of this Privacy Policy is to inform you about GHY’s practices relating to the processing of Personal Information that may be provided through access to or use of our websites (www.ghy.com and related sites or services and related products or that may otherwise be collected by us. By using our services or website, you consent to the collection, use, storage and disclosure of your Personal Information in accordance with the following terms and conditions.

This Privacy Policy also explains how you can contact us if you have a question about, want to access, make a change to, object to the processing of or delete any Personal Information that GHY may be holding about you. We strongly recommend that you take the time to read this Privacy Policy.

Personal Information

For the purpose of this Privacy Policy, “Personal Information” means any information that identifies or could be used to identify an individual personas defined in accordance with applicable law, and includes any reference to “Personal Data”. For Canada only, Personal Information does not include the name, title or business address or telephone number of an employee in an organization.

For the purposes of EU data protection laws, GHY is the controller of Personal Information collected from you on our website or otherwise for the purpose of conducting or developing our business with you. When we act as a data processor on behalf of another controller, we collect, use, and disclose the relevant Personal Information only under the controller’s instruction, and their privacy policy will apply to how they (and we on their behalf) process your Personal Information. Please note that this Privacy Policy only applies to us but not to third-party websites that may process, share, or disclose your Personal Information or other information.

What Personal Information We Collect

We may collect Personal Information from individuals during their dealings with us or while visiting our web sites, for example when individuals contact us by e-mail or phone, subscribe to a service or register in a secure section of our website. You do not have to provide us with your Personal Information. However, if you chose not to disclose certain information, we may not be able to provide you with access to certain services or features, including account registration.

The information we collect may include at least some of the following:

• Account and Profile Information: name, company name, address, e-mail address, telephone number as well as usernames and passwords for access to GHY solutions;
• Proof of identity: a signature, passport and driver’s license;
• Vehicle information: Vehicle Identification Number (VIN) and license plate number;
• Financial and Billing Information: credit card number, expiration date and credit history;
• Shipping Information: shipping-related contact details, signature for proof of delivery, account number and information provided to us regarding the content of certain shipments;
• Resume Information: employment history and educational background;
• Demographic Information: education and occupation;
• Comments or Feedback: from client and prospective client services; and
• Purchase History.
• Applicant Information. Where you are applying for employment with us, you will be asked to provide certain additional information, for example about your education, employment history and right to work, pursuant to a specific privacy notice for job applicants.

Automatically Collected Information. In addition, GHY may automatically collect the following information about your use of the sites or services through cookies, web beacons, and other tracking technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our sites and or use our services; and the referring URL, or the webpage that led you to our sites. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information. Please see below for more information about our use of cookies or visit our Cookies Policy.

How We Use Your Personal Information

We use your Personal Information to:

• Provide our Services: provide and operate our services, such as customs clearance and brokerage services, vehicle transportation, international freight forwarding, management of business processes, trade management and consulting, and software products.
• Customer Support: provide support and respond to and communicate with you about your quotes, requests, questions and comments.
• Process Claims: investigate and process claims received in connection with our services.
• Personalization: develop and maintain our relationship with you by tailoring content we send or display to you in order to offer location customization and personalized help and instructions, and to otherwise personalize your experience using the services. This includes communication regarding participation in special events, programs, surveys, contests and other offers or promotions.
• Marketing and Promotions: sent direct marketing and promotional materials. For example, we may use contact information such as your email address to send you newsletters, special offers, or promotions, or to otherwise contact you about GHY products or information we think may interest you. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. As explained below, we do not use your content for direct marketing purposes. You may opt-out of receiving marketing emails by following the opt-out instructions in the email. We may still email you customer service and transaction-related communications, even if you have opted-out of receiving marketing communications.
• Establishment and Maintenance of your Account; Invoicing: online accounts and access of GHY solutions; bill you for contracted products and services or outstanding debts.
• Applicants: process applications for employment consideration.
• Analytics and Improvement: better understand how users access and use the services, and for other research and analytical purposes, such as to evaluate and improve the services and to develop additional products, services and features. While we may collect and analyze usage details (e.g., storage size used, access logs, etc.) related to content, we do not actually access content for these purposes.
• Advertising: to advertise our services on third-party sites [and social media services].
• Protect our Legal Rights and Prevent Misuse: protect our customers, employees or property, and the services, prevent unauthorized access and other misuse, and where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or third party or violations of our Terms of Use or this Privacy Policy.
• Comply with Legal Obligations: comply with the law or legal proceedings; for example, we may disclose information in response to lawful requests by public.

When we process and use your Personal Information under EU data protection law, we need a justification to do so. An overview of the justifications for processing Personal Information under EU data protection law, and why we use your Personal Information is provided below. Additional details on how we process your Personal Information may be provided to you in a separate notice or contract.

When We Disclose Your Personal Information

Except with your consent, we will not sell, license, trade or rent your Personal Information to or with third parties.

• Customers. GHY is a data processor with respect to the information and Personal Information it processes in providing services related to customs clearance and brokerage services, vehicle transportation, management of business processes, trade management and consulting, and software products to our clients. We will only process this Personal Information under the instructions and on behalf of our clients, who are the controller of the data, and not for any other purposes except if specified in this Privacy Policy or with your consent.
• Public Comments and Posts. Any information that you post in publicly accessible areas of the sites might be read, collected, and used by others who access it. To request removal of such Personal Information from our sites, contact us at care@ghy.com. We will make commercially reasonable efforts to remove your Personal Information from our sites, and will let you know if we are unable to do so and why.
• Service Providers. We may share information about you with third-party vendors, consultants and other service providers (data processors) who use this information to perform services for us, such as payment processors, hosting providers, auditors, advisors, consultants, customer service and support providers. We obtain appropriate contractual and technical protections to limit these service providers’ use and disclosure of any information about you that we share with them.
• As Required by Law. We release information about you if we believe we must do so to comply with the law or a subpoena, bankruptcy proceeding, or similar legal process.
• To Protect Rights. We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of GHY, you, or others.
• Business Transfers. If GHY is involved in a merger, acquisition, or sale of all or a portion of its assets, we may disclose or transfer information, including Personal Information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, in order for you to continue to receive the same products and services from the third party in accordance with applicable law.
• Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research or similar purposes provided such information does not identify a particular individual. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.

Transfers of Your Personal Information

If we transfer your Personal Information or make it accessible to other GHY affiliates or to third-party service providers located outside Europe or the European Economic Area (“EEA”), including but not limited to, the United States, India, China, Mexico and Brazil, that may not provide adequate levels of data protection as your home country, we will take certain reasonable steps to ensure that your Personal Information receives the same level of protection as if it remained within the EU. Such steps may include entering into data transfer agreements using the European Commission approved Standard Contractual Clauses, or relying on certification schemes such as the EU – US Privacy Shield. For transfers of Personal Information among GHY affiliates, the transfers will be subject to the European Commission-approved Standard Contractual Clauses, or a similar adequate mechanism. You have the right to obtain details of the mechanism under which your Personal Information is transferred outside of the EU/EEA by contacting care@ghy.com.

In addition, GHY may share any information that you provide to us which is not deemed Personal Information or is not otherwise subject to contractual restrictions.

Your Choices and Rights

Subject to applicable laws, you have the right to access, correct or request the deletion of your Personal Information at any time. In certain circumstances, you may have the right to object to the processing of your Personal Information. In such case, please contact care@ghy.com.

• Content. Requests to access, delete, or modify content will be directed to the client who owns the account. If you wish to request access to Personal Information contained in content to delete, modify or limit use, please provide us with the name of the client who submitted your information to our Services. We will refer your request to that client, and will support them as needed.
• Access and Correction. You can help us maintain the accuracy of your Personal Information by notifying us of any changes to this information. You may contact GHY in any one of the ways described below to request access to or correct or update of your Personal Information.
• Direct Marketing Choices. Clients can always opt-out of being contacted by us for direct marketing or promotional purposes by following the opt-out instructions located in the e-mails we send. Please note that if you opt-out of marketing communications, GHY will continue to send you transactional or service-related communications, such as service announcements and administrative messages.
• Complaints. We will take steps to try to resolve any complaint you raise regarding our treatment of your Personal Information. You also have the right to raise a complaint with the privacy regulator in your jurisdiction.

Additional Information for Individuals from the EU/EEA. Individuals in the EEA may have one or more of the following rights with respect to their Personal Information:

• Access. You can ask us to: confirm whether we are processing your Personal Information; give you a copy of that information; provide you with other information about your personal information such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad and how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your information from and whether we have carried out any profiling, to the extent that such information has not already been provided to you in this Privacy Policy.
• Rectification. You can ask us to rectify inaccurate Information. We may seek to verify the accuracy of the information before rectifying it.
• Erasure. You can ask us to erase your Personal Information, but only where: it is no longer needed for the purposes for which it was collected; you have withdrawn your consent (where the data processing was based on consent); following a successful right to object (see below); it has been processed unlawfully; or to comply with a legal obligation to which we are subject. We are not required to comply with your request to erase your Personal Information if the processing of your Personal Information is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances in which we would deny that request.
• Restriction. You can ask us to restrict (i.e. store but not use) your Personal Information, but only where: its accuracy is contested (see ‘Rectification’ above), to allow us to verify its accuracy; the processing is unlawful, but you do not want it erased; it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; you have exercised the right to object, and verification of overriding grounds is pending. We can continue to use your Personal Information following a request for restriction, where: we have your consent; to establish, exercise or defend legal claims; or to protect the rights of another natural or legal person.
• Portability. You can ask us to provide your Personal Information to you in a structured, commonly used, machine-readable format, or you can ask to have it ‘ported’ directly to another data controller, but only where our processing is based on your consent and the processing is carried out by automated means.
• Withdrawal of Consent. You can withdraw your consent at any time, subject to legal restrictions and where applicable reasonable notice. If you wish to withdraw your consent, please contact us as described below under “Contacting Us”. We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.
• Right to object to processing (including profiling) based on legitimate interest grounds – where we are relying upon legitimate interests to process Personal Information, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights and freedoms, or we need to process the Personal Information for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
• Right to object to direct marketing (including profiling) – you have the right to object to our use of your Personal Information (including profiling) for direct marketing purposes, such as when we use your Personal Information to invite you to our promotional events.
• Automated Decision-Making. You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you, unless it is necessary for entering into or performing a contract between us.

Please contact us as indicated below if you wish to exercise your rights, or if you have inquiries or complaints regarding the processing of your Personal Information. We do not charge you but may ask for proof if identity. If we do not intend to comply with your request, we will notify you and provide an explanation as to why we cannot comply with your request.

How We Protect Your Personal Information

GHY makes commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss, theft and unauthorized access, disclosure, copying, use, or modification. This protection applies in relation to information stored in both electronic and hard copy form. Access to your Personal Information is restricted to selected employees or representatives. In addition, GHY employs generally accepted information security techniques, such as firewalls, access control procedures and cryptography, to protect Personal Information against loss and unauthorized access. Please note that no transmission over the Internet is 100% secure or error-free, and that processes, systems, and technologies used and maintained by GHY may be subject to compromise. You acknowledge that we cannot be held responsible for any unauthorized or unintended access that is beyond our control.

Links to Third-Party Sites

• Links to Other Websites. Our services may include links to other websites with privacy practices that may differ from ours. Any information you submit to a website not belonging to GHY is governed by that site’s privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.
• Plugins and Social Media Widgets. Our sites may include social media features and widgets (collectively “Widgets”), such as a “share this” button or other interactive mini-programs that run on our Sites. Widgets can be used to provide you specific services from other companies (e.g., displaying the news, opinions, music, etc.). Personal Information, such as your email address, may be collected through the Widgets. Cookies may also be set by the Widgets to enable them to function properly. Widgets displayed on our sites are not hosted by GHY and are subject to the privacy policies of the third-party company providing the Widget, and not this Privacy Policy.

GHY is not responsible for how such third parties collect, use or disclose your Personal Information, so it is important to familiarize yourself with their privacy policies before providing them with your Personal Information.

Retention and Storage of Your Personal Information

We generally follow the rule to only keep your Personal Information for as long as required to fulfill the purposes for which it was collected. This means that we retain your Personal Information for a period of time corresponding to a statute of limitation setting out the period during which related legal claims may be filed in court. We may also retain Personal Information for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity, or if you are also subject to another privacy policy which we provided to you.

Use or Disclosure for Marketing Purposes

If you have subscribed to receive GHY’s updates, we may also use your Personal Information to send you relevant information based on your subscription preferences (for example, GHY latest trade updates, service and information updates from us in the areas of trade compliance consulting, customs brokerage, vehicle transportation, freight forwarding, trade software and trade management, and up-coming webinar topics and registration information), including by means of direct marketing. We may also disclose your Personal Information to our affiliates so that they can send you promotional materials directly.

To change or update your preferences, visit Subscribe to our Communications. Note, however, that clients of GHY will continue to receive periodic e-mails that relate to their business relationship with us. You can also choose not to allow us to use your Personal Information for marketing purposes by contacting us as outlined below in “Contacting Us”.

Cookies

Please review our Cookies Policy.

Contacting Us

In the event that you have any questions about GHY’s Privacy Policy, that you wish to know the names and addresses of any third-party transferees and purposes of transfer, or if you have reason to believe that GHY may have failed to adhere to this Privacy Policy, or if you want to exercise any of your rights, you may contact us at 1.800.667.0771, via e-mail at care@ghy.com or via mail at 809-167 Lombard Avenue, Winnipeg, Manitoba R3B 3H8.