Effective Date: 01/06/2021
Livingston International Inc. and its affiliates (collectively “Livingston”, “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 Ontario Business Corporations Act, R.S.O. 1990, c. B.16.
If you are a resident of California (USA) please see the Additional Information for California Residents section below for important information about the categories of personal information we collect and disclose and your rights under California privacy laws.
What Personal Information We Collect
We may collect Personal Information from individuals during their dealings with us or while visiting our websites, 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, industry, address, e-mail address, telephone number as well as usernames and passwords for access to Livingston solutions.
- Financial and billing information. Credit card number, expiration date and credit history.
- Resume information. Employment history and educational background.
- Demographic information. Education and occupation.
- Comments or feedback. From client and prospective client services.
- 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.
- Information we collect and receive from clients. As part of providing our services to clients, we may process the following information on our client’s behalf: proof of identity (such as a signature, passport and driver’s licence; vehicle information (such as the vehicle identification number (VIN) and licence plate number; and shipping information (such as shipping-related contact details, signature for proof of delivery, account number and information provided to us regarding the content of certain shipments).
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. Send 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 Livingston 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 Livingston 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.
- Defending our legal rights. Including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend, or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
- Auditing, reporting, corporate governance, and internal operations. Including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping, and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy, or restructuring of all or part of our business.
- Comply with legal obligations. Including to comply with the law, our legal obligations, or legal proceedings; for example, we may disclose information in response to warrants, subpoenas, court orders, and regulatory or law enforcement.
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.
|Purpose of processing your data||Legal bases of processing (EU users) *|
* For the Personal Information from the EU that we process, this column describes the relevant legal bases for such processing under the EU General Data Protection Regulation (“GDPR”) (and local implementing laws of EU member states); this does not limit or modify the obligations, rights and requirements under the privacy laws of non-EU jurisdictions.
** For the Personal Information from the EU, the processing is in our legitimate interests (set out above), which are not overridden by your interests and fundamental rights.
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.
- 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 email@example.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.
- Third parties. We may work with certain third parties that provide advertising, campaign measurement, online and/or mobile analytics and related services. These third parties may receive or access browsing history and/or other data about your use of the Sites, in order to help us better reach individuals with relevant ads, measure our ad campaigns and/or to better understand how individuals interact with our Sites over time and across devices.
- 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 Livingston, you, or others.
- Business transfers. If Livingston 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 Livingston 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. For transfers of Personal Information among Livingston 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 firstname.lastname@example.org.
In addition, Livingston 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 our privacy team as described below under “Contacting Us”.
- 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 Livingston 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, Livingston 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 in the EU/EEA
Individuals in the EEA may have one or more of the following rights with respect to their Personal Information:
- 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 our Chief Privacy Officer 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
Livingston 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, Livingston 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 Livingston 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
Livingston 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
Use or Disclosure for Marketing Purposes
If you have subscribed to receive Livingston’s updates, we may also use your Personal Information to send you relevant information based on your subscription preferences (for example, Livingston Insider for the latest trade news, product and information updates from us and/or our affiliates 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 New Posts. You can also unsubscribe from all updates on this page or by following the instructions in the unwanted e-mail. Note, however, that clients of Livingston 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 and tracking information
Cookies. When you visit our website, we or one of our third-party service providers may place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that placed the cookie.
Pixel tags. Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use pixel tags (also referred to as web beacons, web bugs or clear GIFs), in connection with our services to, among other things, help us manage ads and content, and compile statistics about usage of our services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Preference. You can block or disable cookies for the device and browser you are using, through your browser settings by following the procedure described in the ‘Tools or Preferences’ menu in your browser; however, certain features on our Sites may not be available or function properly if you block or disable cookies. Our Sites currently do not respond to “do not track” signals. For more information, please consult our Cookies Policy.
Interest Based Advertising
Ad choices. You can learn more about the information collection practices and “opt-out” procedures of many Third-party Ad Companies by visiting www.networkadvertising.org/optout_nonppii.asp. Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Sites. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
We do not knowingly collect Personal Information from children under the age of 16. If we become aware that we have collected Personal Information from a child under the age of 16 without parental consent, we take steps to delete that information. If you are under the age of 16 and believe that you provided us with your Personal Information, please ask your parent(s) or guardian(s) to notify Livingston so we can delete all such Personal Information.
To submit a request to access or delete your information, or for any further questions regarding your privacy, please complete the Privacy Inquiry Form linked here.
Additional Information for California Residents
Effective Date: 01/06/2021
While our collection, use and disclosure of Personal Information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed Personal Information about consumers in the prior 12 months (from the Effective Date above).
Categories of Personal Information We May Collect and Disclose
Our collection, use, and disclosure of Personal Information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The list below sets out generally the categories of Personal Information we may collect about California residents and how we may disclose such Personal Information to third parties for a business purpose.
|Personal Information collected||Categories of third parties to whom we may disclose this information|
|Identifiers||Includes direct identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, and other similar identifiers.||
|Customer Records||Includes personal information, such as name, contact information, account number, and financial or payment information) that individuals provide us in order to obtain our products and services. For example, this may include information collected when an individual registers for an account or enters into an agreement with us related to our services.||
|Commercial Information||Includes records products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers.||
|Usage Data||Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, and other services, and our marketing emails and online ads.||
|Audio, Video and Electronic Data||Includes audio, electronic, visual, thermal, olfactory, or similar information such as, thermal screenings and CCTV footage (e.g., collected from visitors to our offices/premises, photographs and images (e.g., that you provide us and customer support call recordings.||
|Employment information||Includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships).||
|Education Information||Information about an individual’s educational history.||
|Protected Classifications||Includes characteristics of protected classifications under US state or federal laws, such as race, sex, age, marital status, disability information and medical conditions (e.g., which we may collect in order to make available appropriate accommodations for events and other activities we host).||
|Inferences||Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, intelligence, abilities or aptitudes. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads.||
Sources of Personal Information
As further described in the Information We Collect section above, we may collect Personal Information from the following sources:
- directly from the individual
- advertising networks
- data analytics providers
- social networks
- internet service providers
- operating systems and platforms
- public sources and entities
- business customers
You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, with respect to your Personal Information that we hold by emailing us at the contact information below. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.
The CCPA provides California residents consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access rights. With respect to the Personal Information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
- categories of Personal Information collected;
- categories of sources of Personal Information;
- categories of Personal Information about them we have disclosed for a business purpose or sold;
- categories of third parties to whom we have sold or disclosed for a business purpose their Personal information;
- the business or commercial purposes for collecting or selling their Personal Information; and
- a copy of the specific pieces of Personal Information we have collected about them.
Deletion rights. To request deletion of their Personal Information that we have collected about them and to have such Personal Information deleted (without charge), subject to certain exceptions.
Right to non-discrimination. The right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Do not sell (opt out). The right to opt-out of our sale of their Personal Information. We do not sell personal information about California consumers, including those we have actual knowledge are younger than 16.
Submitting requests. California residents may submit CCPA requests to know (access) and requests to delete their Personal Information by email at email@example.com or by phone at 1-800-387-7582 (toll free).
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must email us with any requested information (or otherwise provide us with this information via the above toll-free number) to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual through the above-listed methods; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
Your Privacy Rights Under California Shine the Light Law
Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain Personal Information are entitled to request and obtain from us, free of charge, information about the Personal Information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at firstname.lastname@example.org and include in your request a current California address and your attestation that you are a California resident.
Changes to This Privacy Notice for California Residents
This Privacy Notice for California Residents is current as of the date set forth above. We may change this policy from time to time, so please be sure to check back periodically. We will post any changes to this policy on our website. If we make any changes to this policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our website.
For more information about our privacy practices, you may contact us as set out in the Contacting Us section above.