• Purpose

ZF MAX, Inc. (“Company,” “ZF MAX” or “we”) values your privacy. The purpose of this Privacy Policy and Website Terms of Use Policy (the “Policy”) is to disclose (1) the information that ZF MAX may collect, (2) the way we may use the information collected and (3) how we may disclose the information collected to others. By visiting www.ZFMAX. com and any websites of our affiliated entities (collectively, the “Website”) you acknowledge and accept this Policy and consent to the collection and use of your data in accordance with this Policy.

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• Limited License to Access and Use Website

All of our content that is on or available through our Website, including all designs, text, graphics, pictures, video, information, data, applications, software, trademarks, music, sound and other files and their selection and arrangement (collectively, “the Company Website Content”) is our exclusive proprietary property, with all rights reserved, including copyrights, trademarks and patents. None of the Company Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written consent, which may be withheld in our sole discretion. For so long as you access or use our Website and fully comply with this Agreement, you are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, limited license, but only for your personal use, to access and use any portion of the Company Website Content to which you have properly gained access.

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• Eligibility

Anyone who accesses or uses our Website agrees to this Policy and shall continue to abide by its terms of use; provided, however, that certain programs on our Website that collect personally identifiable information may not be accessible to children under 13 years old, and no one under 18 years of age may engage in any commercial transaction on our Website. 

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• Terms of Service

While using our Website, you agree not to use the Website to: (a) obtain or attempt to obtain unauthorized access to ZF MAX’s servers, systems, network or data; (b) violate any applicable laws or regulations; (c) impersonate any person or entity; (d) make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Website or other users or (e) interfere with or disrupt the Website or servers, systems or networks connected to the Website in any way.

Upon becoming aware of any potential violation of these terms, ZF MAX reserves the right, but shall not be obligated to, terminate a user’s access to the Website at any time, without prior notice and at its sole discretion.

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• International Use

ZF MAX controls and manages this Website from our Canada-based offices and the Company makes no representation that the Website is appropriate or available for use beyond Canada. If you use the Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Website may describe products and services that are available only in CANADA or the U.S.A (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Website and/or the provision of any content, program, product, service or other feature described or available on the Website to any person, entity, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. You and we disclaim any application to this Policy of the Convention on Contracts for the International Sale of Goods.

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• Intellectual Property

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by ZF MAX or its affiliated entities. All Website content and all product names, trademarks, service marks and logos provided by the Company or its affiliates on our Website are wholly owned or validly licensed by the Company or its affiliates and nothing on our Website should be construed as granting any license or right to use our Intellectual Property without our prior written consent.

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• Information Collection, Use and Disclosure

Information Collected by the Company: The information that the Company learns from you helps to personalize and improve your experience on the Website. Most of the information collected is the information that you give to us. The Company may receive and store any information that you enter on the Website or give to us in any other way from time-to-time, including, but not limited to, your name, street address, email address, phone number and other contact information. You can always choose not to provide any information, but then you might not be able to take advantage of some of the Website’s features. Like most standard website servers, we use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type and date/time stamp. Your browsing behavior may be tracked over time (but not across third party sites). The Company may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate and determine the relevance of content. IP addresses are also linked to personally identifiable information, to better the user’s experience when using the Website. To enhance your experience on the Website, ZF MAX may also use various technologies to collect and store information when you visit the Website, and this may include sending one or more cookies, tags or other identifiers to your computer or device. Generally, cookies are small text files that are placed on your browser that can be used to identify you across web pages and sessions.

Information Used by the Company: Information supplied by you to the Company, which is personally identifiable information, may be used by ZF MAX to serve you and to operate and maintain our services. For example, ZF MAX may use the information to respond to your requests, to customize future use of the Website for you, to improve our Website and to communicate with you. The Company may use personally identifiable information for our commercial or marketing purposes and may use your email address or contact or other information, for non-commercial, non-marketing or administrative purposes. The Company reserves the right to engage or contract with any third party to provide specific services. When the user signs up for those services, we may share names or other contact information that may be necessary for the third party to provide those services.

Information Disclosed by the Company: While ZF MAX may receive information about you from other sources and add it to your account information, we will not sell or provide any personally identifiable information to third parties in any manner that is different from what is disclosed in this Policy. Information about our customers is an important part of our business, but we are not in the business of selling any personally identifiable information to others. The Company reserves the right, however, to disclose personally identifiable information that we believe is necessary or appropriate to enforce our rights under this Agreement; and, information may be disclosed or used: (1) to investigate or defend against any allegation or claim against the Company or involving our services, (2) complying with applicable laws, (3) responding to governmental inquiries or requests, (4) to protect the property rights, privacy and safety of our customers, team members, business partners and the public and (5) to enforce our terms of service. The Company may release information if required to do so by law or if in good faith if it is necessary to comply with any rule or regulation. The Company also may exchange information with other companies and organizations for fraud protection and credit risk reduction.

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• Pledge to Security

We take security precautions in line with industry standards to protect our users’ information. If you have any question about the security of the Website, you can send an email to info@zfamerica.com and one of our team members will get back to you regarding your concerns. WE WILL MAINTAIN OUR SYSTEMS ACCORDING TO DATA SECURITY REGULATIONS, HOWEVER THERE IS NO COMPLETELY SECURED SYSTEM THAT CAN PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, YOUR POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a serious breach in the security of the Company’s services and your personally identifiable information was impacted, then we will attempt to contact you, to allow you to take further steps that may be necessary to protect your information.​

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• Social Media

ZF MAX maintains profiles and/or pages on various social media sites including, but not limited to, Facebook, Instagram, LinkedIn and Twitter. If you choose to “Like,” “Follow,” “Subscribe” or take any similar action on another social media platform where we operate, you are providing your consent to receive information updates, including solicitations, from ZF MAX. To stop receiving this information from ZF MAX on a social media site, you must follow the procedure established by the social media site. For example, on Facebook and Instagram, you must click “Unlike” on the ZF MAX page, and, on Twitter, you must click “Unfollow” or “Unsubscribe.”

All comments posted on our social media platforms are moderated and if the Company, in its sole discretion, determines that any post or comment in inappropriate, we may remove those comments or posts. Comments advocating illegal activity or posting of material that violates copyrights or trademarks of others are prohibited. Use of the Company social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age or religious group, gender, sexual orientation or disability status are prohibited.

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• Analytics

We may use service providers, including Google Analytics, to monitor and analyze the use of our Website. Google Analytics is a web analytics service offered by Google, Inc. (“Google”) that tracks and reports website traffic. Google uses the data collected to track and monitor the use of a website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Please use the following link to understand how Google Analytics collects and processes data https://policies.google.com/technologies/partner-sites.

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• Links to Other Sites

The Website may contain links to other websites. Please be aware that the Company is not responsible for the privacy practices of any other site. We encourage our users to be aware of when they leave our Website and to read the privacy policy of every website that collects personally identifiable information. This Policy applies solely to information collected by and on ZF MAX’s Website.

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• Merger, Sale, Bankruptcy or Other Event

As we continue to develop our business, we might sell or buy assets, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets. If the Company acquires or merges with any other entity, we reserve the right to assign or transfer any information that we have collected, including your personal information; and, for any bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your information might be transferred or disclosed to third parties.

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• Policy Regarding Children

The Company does not knowingly collect or maintain any information from any person under 13 years of age, and no part of our services or Website is communicated directly to any person under 13 years of age, except through the person’s parents or legal guardians. If the Company learns that personally identifiable information of any person under 13 years of age has been collected without parental or guardian consent, then the Company may take appropriate steps to delete the information. If you are under 13, you may use the Website only with the involvement of a parent or guardian. Parents and guardians should always supervise their children’s use of the Internet.

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• Updates and Changes to this Policy

We reserve the right to change this Policy at any time. Whenever a change is made to this Policy, we will post a notification on the Website. Any changes will be effective immediately upon the posting of the revised Policy and your use of our services indicates your consent to the Policy posted at the time of use. However, we will not use your previously collected personal information in a manner materially different than represented at the time it was collected, without your consent. To the extent any provision of this Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

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• Disclaimers

You acknowledge and agree that your access and use of our Website is at your sole risk and cost. The Company disclaims (to the fullest extent permitted by law) all warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, noninfringement and usefulness, with respect to any of our services, our Website or any Website content or information.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ZF MAX OR ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES BASED ON LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

All matters relating to the Website and this Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ontario without giving effect to any choice or conflict of law provision or rule (whether of the State of Ontario or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Policy or the Website shall be instituted exclusively in the federal courts of Canada or the courts of the State of Ontario, in each case located in Burlington, although we retain the right to bring any suit, action or proceeding against you for breach of this Policy in your state, country or jurisdiction of residence or any other relevant state, country or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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• Marketing Emails

If you have provided us with your email address, we may periodically send you emails that promote or otherwise contain information relating to our organization. When you receive emails from us, you may indicate a preference to “opt out” of, and thus to stop receiving, further emails from us by following the “unsubscribe” instructions provided in the email(s) you receive. Even if you request not to be contacted by us, we may use your contact information to send you crucial information about our Website or information about changes to this Policy for our Website.

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• Contact Us

For more information or if you have questions or concerns regarding this Policy, please contact us at the address, telephone number or email address below:

ZF MAX, Inc. 

5100 Harvester Rd, Burlington, ON L7L 4X4, Canada

Phone: 1(905) 632-3572

Email: info@zfamerica.com

This Policy was last updated on November 24, 2021.