Privacy Policy

General

This Privacy Policy (this “Privacy Policy”) applies to personal information that each of MBS Highway, LLC and its parent, subsidiary and affiliate entities worldwide (collectively referred to herein as the “Company” or “we” or “us” or “our”) collects about you on or through www.mbshighway.com, or one of our other websites, applications, publications, forums or other services from which you are accessing this Privacy Policy (each referred to herein as a “Site” and, collectively, as the “Site”).

“Personal information” includes information that can be used to uniquely identify you, such as your name, postal address, zip or postal code, e-mail address, telephone number, date of birth, social security number, credit card or other payment information, demographic information, or details on items and services purchased. This Privacy Policy describes how we collect such information, how we use it and to whom and under what circumstances we may disclose it.

This Privacy Policy does not apply to the collection, disclosure or use of personal information of past or present employees or consultants of the Company for employment, engagement or benefits administration purposes, all of which is governed by other policies of the Company designed for those respective purposes.

If you have any questions regarding this Privacy Policy or our information collection and use practices, please contact us using the information in the "Contact Us" section below.

By using the Sites, you acknowledge that you have reviewed the terms of this Privacy Policy and agree that we may collect, use and transfer your personal information in accordance therewith. If you do not agree with these terms, you may choose not to use our Sites, and please do not provide any personal information through the Sites.

We may change this Privacy Policy from time to time and the amended policy will be posted to the Sites. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of the Privacy Policy. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; and to communicate with customers and potential customers regarding our products and services and third party products and services.

We (or our service providers) collect information from you when you: (1) create an account with us (your “Account”), or otherwise sign up for a service or feature; (2) purchase products or services from us on our Sites; (3) complete a survey; (4) participate in a sweepstakes, contest or other promotion; (5) communicate with us via third-party social media sites; (6) apply for a job with us; or (7) contact us, or otherwise communicate with us or provide information to us.

We may combine your (and others’) information that we’ve collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Sites through a third-party social media platform, subject to your actions and settings thereon), address update services and co-promotion partners. By accessing any Sites, you signify your consent to the above collection of your personal information.

If you do not want us to collect your personal information, please do not provide it to us. You can update your information or change marketing and subscription settings by accessing your Account via the Sites.

As part of the standard operation of the Sites, certain information is collected automatically or passively from or about you in connection with your visit to the Sites. Our servers may automatically gather some of the Site usage information (as defined below), or we (or our service providers) may use cookies and other tracking technologies to collect and track such information.

“Site usage information” includes, but is not limited to: (i) your browser type, device type, carrier (if applicable), device address, operating system, operating system address, IP address and the domain name from which you accessed a Site; (ii) information about your region, continent, country, city, zip code, time zone, and general location; and (iii) information about your browsing activities on and through a Site (also known as “Click Stream” data), such as (a) the date and time you visit a Site, (b) the areas or pages of a Site that you visit, (c) the amount of time you spend viewing a Site or specific areas of a Site, (d) the number of times you return to a Site or a specific area of a Site, (e) the web sites or pages you visited prior to visiting a Site, (f) the websites or pages you visit after you leave a Site; (g) searches you have performed on a Site and on other websites that led you to our Sites; (h) social plug-ins with which you have interacted on our Sites; and (j) other similar Site usage data.

We consider this Site usage information, on its own, to be non-personal in nature, unless required otherwise by applicable law. However, we may combine Site usage information about you with personal information about you, and we would consider the combined information to be “personally identifiable” or personal information for the purposes of this Privacy Policy.

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experience based on whether such a signal is broadcast. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.

We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash Technology and other similar technologies, which allow us to, among other things, optimize our Sites and to understand traffic and usage patterns. Additionally, if the settings on your location-aware devise allow us to receive geo-location data or information, we may collect that information automatically.

A cookie is a small data file that is sent to your web browser and placed on your computer or device when you access a website. Cookies allow parties (including us, our service providers and other) to: (i) track your activities on the Sites, (ii) track clicks, purchases and conversion; (iii) recognize your computer or device so that you are able to save your preference and stay logged in to the Sites without having to re-enter your Account credentials; (iv) deliver customized content, messages and advertising to you; (v) preserve the contents of your shopping cart; (vi) and otherwise enhance and personalize your experience on the Sites. If you do not want information collected through the use of cookies, most devices allow you to decline the use of cookies. We recommend that you leave cookies turned on because if you elect not to allow them, you may not be able to use or to enjoy all of the services and features of the Sites.

We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.

We may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an e-mail message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.

We may use third party web analytics services, such as Google Analytics and Adobe services, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content, and communications. These service providers’ tools, including, for example, cookies, tags and web beacons, help us to gain this understanding.

We also work with service providers and partner with advertising companies that use cookies, web beacons and other tools to collect information about your visits to and behavior on the Sites and other websites, and then use that information to deliver targeted advertisements to you across the Internet. The information collected and used in this manner is generally, on its own, anonymous and not personally identifiable.

We may use the information we collect from and about you (including both personal information and Site usage information) for a variety of purposes, including but not limited to the following: (i) to fulfill your requests for products and services and to keep you informed about your orders; (ii) to provide you with targeted offers and advertising on and at the Sites; (iii) subject to your communications preferences and, where required by applicable law, subject to your consent, to contact you (via postal mail, e-mail and the like) with promotional materials about us, our products, our services and our events, as well as about select partners; (iv) to contact you when necessary or appropriate; where appropriate, for market research and to review and improve our products and services, customer service, online and offline operations and overall customer experience; (v) to protect the security or integrity of the Sites and our business; or (vi) as otherwise permitted by law or permitted with your permission.

If you provide us with information about another person (as described above in the “Information You Provide To Us” section), where permitted applicable by law, we use that information to fulfill your requests and treat such information in accordance with this Privacy Policy.

We (and our service providers) also analyze and use Site usage information and information collected through cookies, web beacons and other tracking technologies, alone and in combination with personal information, to assess the behavior of our users, to measure the interest in and use of the Sites and communications, and to customize the Sites and our communications with you. We do this both on an individual basis and in the aggregate.

We may disclose information we collect (including personal information and Site usage information) in the following ways, to the extent permitted by law:

• to our service providers and suppliers who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Site and/or provide functionality, content and services);
• to third party marketers so that they can directly inform you about products or services which may be of interest to you;
• as necessary, if we believe that there has been a violation of a Site’s Terms of Use or any other policy of a Site, or if we have reason to believe that our rights or property, or the rights or property of any third party, may be or have been harmed;
• to respond to subpoenas or other judicial processes, or to provide information as requested by law;
• in the event that the Company or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets; and
• as otherwise permitted by law or permitted with your permission.

Content and information that you submit on or through Facebook, Twitter, LinkedIn and other third-party platforms may appear on the Site through feeds from and other interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.

If you would like to opt out of receiving direct mail from us, please contact us at support@mbshighway.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional e-mails from us, please follow the unsubscribe instructions located in each such e-mail or contact us at support@mbshighway.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would prefer that we not share your personal information with third-party marketers, please contact us at support@mbshighway.com. Please understand that if you do request that we stop sharing your personal information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your personal information prior to that request. In these cases, please opt out from or contact the third party directly.

Your personal and other information may be stored, transferred and processed in and to the United States and other countries and territories. By providing personal information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protection than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. laws and accessible to the U.S. government, courts, law enforcement and regulatory agencies.

You may access any personal information you provide to us, correct or modify any such personal information, or direct us to delete or make no further use of your personal information. You can access or make certain adjustments to your Account directly through your online Account.

We have implemented measures in an effort to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your personal information for any purpose other than providing the services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain personal information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.

The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your personal information on or to the Site. We do not knowingly collect on the Sites any personal information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian.

The Sites may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and services operated by entities other than us. This Privacy Policy does not apply to such websites or services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.

California Civil Code Section 1798.83 permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal identification information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal identification information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing as indicated in the “Contact Us” section below.

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to the Privacy Policy shall be subject to arbitration. All arbitration proceeding shall be conducted by a single neutral arbitrator according to the rules of the American Arbitration Association (“AAA”) in New Jersey, whose decision will be final and binding. The arbitrator, and not any federal state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability or formation of agreement with respect to the arbitration provisions set forth in this Privacy Policy, including all issues concerning the extent to which a dispute is subject to arbitration, which shall be governed by the Federal Arbitration Act and resolved by the arbitrator.

You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. The parties will conduct the arbitration confidentially and expeditiously. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. Further, in any arbitration proceeding, there shall be no award of punitive, exemplary, incidental or consequential or other special damages. The parties shall share equally the filing, administration, and arbitrator fees of the AAA and the arbitrator, but each party shall pay its own attorneys' fees incurred in connection with the arbitration or the confirmation or enforcement of any award. The proceeding and the decision shall be kept confidential by the parties. All claims you may have under this Privacy Policy must be brought within one (1) year of the date on which the claim arose.

If you have any questions about this Privacy Policy, please contact us via e-mail at support@mbshighway.com.