December 2020
The following Privacy Policy, together with any documents they expressly incorporate by reference govern each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the Gearzio website, including any subdomains thereof, and any other websites through which Gearzio makes the Gearzio website available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through Gearzio.com or by Gearzio (hereinafter collectively, the “Gearzio Services”), whether as a guest or registered User. The Site, Application and Gearzio Services together are hereinafter collectively referred to as the “Platform”.
All the provisions in this Privacy Policy, together with Gearzio’s Terms of Service and any and all applicable insurance coverage terms or damage waiver terms, constitute the “Agreement” between you and Gearzio. If you do not want to agree to our Terms of Service, our Privacy Policy, you must not sign up as a User of the Platform or access or use the Platform. The headings of sections and paragraphs herein are included solely for convenience of reference.
We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the Platform, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect: 1) On this Platform; 2) In email, text and other electronic messages between you and this Platform; 3) Through mobile and desktop applications you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform; and/or 4) When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by us offline or through any other means, including on any other websites operated by Gearzio or any third-party (including our affiliates and subsidiaries), or any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform.
We provide the Platform for use only by persons located in Canada or the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of Canada or the United States. Access and submission of any information or date to the Platform may not be legal by certain persons or in certain countries.
Children Under the Age of 18
Our Platform is intended, offered, and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with Gearzio and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.
No one under age eighteen (18) may provide any information to or on the Platform. We do not knowingly collect personal information from minors under eighteen (18). If you are under eighteen (18), do not use or provide any information on this Platform or on or through any of its features/register on the Platform, conduct any transactions through the Platform, use any of the interactive or public comment features of this Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a minor under eighteen (18) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor under eighteen (18), please contact us.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Platform, including information: 1) by which you or your business may be personally identified, such as name, photo, social networks, postal address, e-mail address, telephone number, social security number, business license, business documentation, address verification documentation (including statements and bills), employment information, background information, criminal background information, government-issued identification document, immigration documentation, visas, and any information included in the government-issued identification document and/or immigration documentation, or ANY OTHER INFORMATION THE PLATFORM COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW and any other identifier by which you may be contacted online or offline (“personal information”); 2) that is about you but individually does not identify you; and/or 3) about your internet connection, the equipment you use to access our Platform and usage details. We collect this information: 1) directly from you when you provide it to us; 2) automatically as you navigate through the site (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or 3) from third-parties, for example, our business partners, including identity verification companies, payment processors and/or service providers, and insurance companies.
Information You Provide to Us
The information we collect on or through our Platform may include: 1) Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Platform; 2) Records and copies of your correspondence (including email addresses), if you contact us or other users or members of the Platform; 3) Copies and/or information regarding your business license, business documentation, address verification documentation (including statements and bills), employment information, background information, criminal background information, government-issued identification document, immigration documentation, visas, and any information included in the government-issued identification document and/or immigration documentation; 3) A copy of your Profile or Listing photos; 4) Your responses to surveys that we might ask you to complete for research purposes; 5) Details of transactions you carry out through our Platform and of the fulfillment of your rental and purchase requests; 6) Financial information before placing an order through our Platform. Your search queries on the Platform; 7) Rental or purchase data; 8) Listing data; and/or 9) Information that you may provide to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third-parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your Account, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect through Automatic Data Collection Technologies
As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: 1) Details of your visits to our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform; and/or 2) Information about your computer and internet connection, including your IP address, operating system and browser type. We also may use these technologies to collect information about your online activities over time and across third-party Platforms or other online services (behavioral tracking).
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to: 1) Estimate our audience size and usage patterns; 2) Store information about your preferences, allowing us to customize our Platform according to your individual interests. Speed up your searches; and 3) Recognize you when you return to our Platform. The technologies we use for this automatic data collection may include: 1) Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform; 2) Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies; and/or 3) Web Beacons. Pages of the Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity).
Third-party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Platform is served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third-parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Platforms and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: 1) To present our Platform and its contents to you; 2) To provide you with information, products or services that you request from us; 3) To fulfill any other purpose for which you provide it; 4) To provide you with notices about your account/subscription, including expiration and renewal notices; 5) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, and you and other users, including for billing and collection; 6) To provide other users of this Platform submitted copies of your government-issued identification document and other identification documentation or information to provide to law enforcement or a court of law for identification purposes in the event of any disputes or police reports; 7) To notify you about changes to our Platform or any products or services we offer or provide though it; 8) To allow you to participate in interactive features on our Platform; 9) To allow you to purchase insurance, through our insurance partners; 10) In any other way we may describe when you provide the information; and/or 11) For any other purpose with your consent. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy: 1) To our subsidiaries and affiliates; 2) To contractors, service providers and other third-parties we use to support our business; 3) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Gearzio’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Gearzio about our Platform users is among the assets transferred; 4) To third-parties to market their products or services to you if you have consented to or not opted out of these disclosures; 5) To other users of the Platform, if needed for legal actions or law enforcement; 6) To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “e-mail a friend” feature of our Platform, we will transmit the contents of that e-mail and your e-mail address to the recipients; and/or 7) For any other purpose disclosed by us when you provide the information; and/or 8) With your consent. We may also disclose your personal information: 1) To comply with any court order, law or legal process, including to respond to any government or regulatory request; 2) To enforce or apply our Terms of Service, and other agreements, including for billing and collection purposes or legal disputes; and/or 3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gearzio, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, dispute risk reduction, and credit risk reduction.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Platform and visiting your Profile and account settings pages. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Service.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Comments may be checked through an automated spam detection service. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information. You may request we delete your personal data by sending an email to privacy@gearzio.com.
Data Security
We have implemented measures designed to secure your personal information and messages from accidental loss and from unauthorized access, use, alteration and disclosure. Any payment transactions will be encrypted. The safety and security of your information and messages also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform. The information you share in public areas may be viewed by any user of the Platform. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information and messages, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information and messages is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Modifications to Privacy Policy
We reserve the right to modify the Platform or revise and update this Privacy Policy and Terms of Service from time to time, in our sole discretion. If we modify this Privacy Policy, we will update the “Last Modified” date at the top of this Privacy Policy and we will send an email to the email address that each User submitted and/or post a notification on the Platform regarding the modification on the Platform. By continuing to access or use our Platform after we have posted a modification and/or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy, Terms of Service. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. If the modified Privacy Policy is not acceptable to you, your only recourse is to stop using and accessing the Platform