Privacy Policy & Terms of Use
Who We Are
Your Custom Merch ("we," "us," or "our") is a custom merchandise platform operating at yourcustommerch.ca, registered and headquartered at 35-9 Gillespie Crescent, Ottawa, Ontario, K1V 9T5, Canada.
This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information in accordance with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 ("PIPEDA") and applicable provincial privacy legislation across all Canadian provinces and territories, including Quebec's Act respecting the protection of personal information in the private sector (Law 25 / Bill 64).
This policy applies to all visitors, clients, and users of our website and services, regardless of which Canadian province or territory you are located in.
Information We Collect
Information You Provide Directly
- Name, email address, phone number, and mailing address when placing an order or contacting us
- Business name and billing address for corporate orders
- Artwork, logos, designs, and other content submitted for product customization ("Client Content")
- Account credentials if you create an account or merchant storefront with us
- Communications and correspondence, including support requests and feedback
Payment Information
All payment transactions are processed securely by our PCI-DSS Level 1 compliant third-party payment processor. Your Custom Merch does not store, collect, or have access to full credit card numbers, CVV codes, or bank account details. Our payment processor's handling of payment data is governed by their own privacy policy, which is available upon request.
Information Collected Automatically
- IP address, browser type, operating system, and device identifiers
- Pages visited, time spent on pages, and navigation paths
- Referring URLs and search terms used to find our website
- Cookie identifiers and session data (see Section 5)
Information from Third Parties
- Order fulfilment data from our third-party print-on-demand and fulfilment partners in connection with processing and delivering your orders
How We Use Your Information
We collect and use personal information only for the purposes identified at or before the time of collection. These purposes include:
- Processing, fulfilling, and delivering your orders
- Communicating with you about your orders, account, and enquiries
- Sending transactional messages including order confirmations, shipping notifications, and receipts
- Sending promotional and marketing communications where you have provided express consent under CASL
- Operating, maintaining, and improving the website and our services
- Detecting, investigating, and preventing fraud, unauthorized use, and other illegal activities
- Complying with applicable laws, regulations, and legal obligations
- Resolving disputes and enforcing our agreements
Use of Automated Tools
We may use automated tools, including AI-assisted classification and brand-synthesis services, to organize products, prepare design previews, and improve service quality. These tools do not make decisions that significantly affect you, such as whether to provide service, pricing, or eligibility. Where applicable, you may exercise the rights described in Section 8 (Quebec Residents & Law 25) in relation to any automated processing.
Disclosure of Information
We may share your personal information with the following categories of third parties, strictly for the purposes described above:
Fulfilment Partners
We share your name, shipping address, and order details with our third-party print-on-demand and fulfilment partners for the sole purpose of producing and delivering your order. These partners are bound by their own privacy policies and applicable law.
Payment Processors
Payment information is shared with our third-party payment processor solely for the purpose of processing transactions. We do not retain payment card data.
Service Providers
We may share information with technology service providers (hosting, email, analytics, customer support platforms) under confidentiality agreements, strictly to operate our business.
Legal Requirements
We may disclose your information where required by law, court order, or government authority, or where we believe in good faith that disclosure is necessary to protect the rights, property, or safety of Your Custom Merch, our clients, or others.
Business Transfers
In the event of a merger, acquisition, or sale of all or part of our business, your information may be transferred to the successor entity, subject to the same privacy protections.
Cross-Border Data Transfer
Some of our third-party service providers — including our payment processor, fulfilment partners, and certain technology vendors — may process personal information outside of Canada, typically in the United States or the European Union. Before authorizing any such transfer, we require contractual protections comparable to those required under PIPEDA and Quebec Law 25, including binding confidentiality obligations, purpose limitations, and breach-notification commitments.
Personal information processed outside of Canada may be subject to the laws of the host jurisdiction, including lawful access requests by foreign government authorities. Quebec residents are entitled, prior to disclosure outside Quebec, to be informed of the country where their personal information will be processed; to request this information, contact our Privacy Officer at help@yourcustommerch.ca.
Cookies & Tracking Technologies
A cookie is a small data file placed on your device when you visit a website. Our website currently uses only strictly necessary cookies required for core functionality — including authentication, security, session management, and form submission. These cookies cannot be disabled without affecting basic website operation.
We do not use advertising, marketing, or third-party tracking cookies at this time. Should we introduce analytics or other non-essential cookies in the future, we will deploy a consent management mechanism in advance, providing affected users — including residents of Quebec under Law 25 — with the ability to grant or refuse consent before any such cookie is activated.
You can control or delete cookies through your browser settings at any time. Disabling strictly necessary cookies may affect website functionality. For more information on managing cookies, visit aboutcookies.org.
Data Retention
We retain personal information for as long as necessary to fulfil the purposes for which it was collected, to comply with legal obligations, resolve disputes, and enforce agreements. Typical retention periods:
- Order records: 7 years (for tax and accounting purposes under Canadian law)
- Account information: For the duration of your account plus 2 years after closure
- Customer support communications: 3 years
- Marketing consent records: Until consent is withdrawn, plus 3 years
- Website analytics data: As configured in analytics platform settings (typically 26 months)
When personal information is no longer required, it is securely deleted or anonymized.
Your Rights
Under PIPEDA and applicable provincial legislation, you have the following rights regarding your personal information:
- Right of access: Request a copy of the personal information we hold about you
- Right to correction: Request correction of inaccurate or incomplete personal information
- Right to withdraw consent: Withdraw consent to non-essential uses of your personal information at any time, subject to legal or contractual restrictions
- Right to unsubscribe: Opt out of commercial electronic messages at any time (see Section 8 of our Terms of Use)
- Right to complain: Lodge a complaint with the Office of the Privacy Commissioner of Canada at priv.gc.ca or your provincial privacy commissioner
To exercise any of these rights, contact us at help@yourcustommerch.ca. We will respond within 30 days of receiving a verifiable request.
Quebec Residents & Law 25
If you are a resident of Quebec, additional rights apply under Quebec's Act respecting the protection of personal information in the private sector (Law 25 / Bill 64), which came into full force in September 2023.
- Right to data portability: You may request that your personal information be communicated to you or transferred to another organization in a commonly used technological format
- Right to de-indexing: You may request that hyperlinks giving access to your personal information be de-indexed if the dissemination of that information contravenes the law
- Automated decision-making: If we use automated processing to make decisions that significantly affect you, you have the right to be informed and to have a person review that decision
- Privacy Impact Assessments (PIAs): We conduct PIAs for any project involving the acquisition, development, or redesign of information systems that involves personal information
Our Privacy Officer can be reached at help@yourcustommerch.ca for all Law 25 requests.
Security
We implement appropriate technical and organizational security measures designed to protect your personal information against unauthorized access, disclosure, alteration, or destruction. These measures include:
- SSL/TLS encryption for all data transmitted between your browser and our website
- Access controls limiting personal data access to authorized personnel only
- Use of PCI-DSS Level 1 compliant third-party payment processing
- Regular review of data collection, storage, and processing practices
No method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security. In the event of a privacy breach that poses a real risk of significant harm, we will notify affected individuals and the Office of the Privacy Commissioner of Canada as required by law.
Third-Party Links
Our website may contain links to third-party websites, services, and platforms not operated by Your Custom Merch. We are not responsible for the privacy practices of those sites. We encourage you to review the privacy policies of any third-party site you visit. Inclusion of a link does not constitute endorsement of the linked site.
Children's Privacy
Our website and services are not directed to individuals under the age of 18. We do not knowingly collect personal information from minors. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at help@yourcustommerch.ca and we will take steps to delete that information.
Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will post any updated policy on this page with a revised effective date. Where changes are material, we will notify registered users by email. Your continued use of the website after any change constitutes your acceptance of the updated policy.
Contact Us
Privacy Enquiries & Requests
For questions about this Privacy Policy, to exercise your rights, or to file a complaint, contact our Privacy Officer:
You also have the right to contact the Office of the Privacy Commissioner of Canada or your provincial privacy commissioner at any time.
- 01 About These Terms
- 02 Governing Law & Jurisdiction
- 03 Provincial Consumer Protection
- 04 Nature of Services
- 05 Limitation of Liability
- 06 Disclaimer of Warranties
- 07 Intellectual Property
- 08 Anti-Spam (CASL)
- 09 Orders & Payment
- 10 Acceptable Use
- 11 Indemnification
- 12 Force Majeure
- 13 Severability
- 14 Accessibility (AODA)
- 15 Contact Information
About These Terms
These Terms of Use ("Terms") govern your access to and use of the website located at yourcustommerch.ca and all associated pages, content, features, and services (collectively, the "Website") operated by Your Custom Merch ("we," "us," or "our"), a business registered in the Province of Ontario, Canada.
By accessing or using the Website, you agree to be bound by these Terms. No signature is required — your use of the Website constitutes your acceptance. If you do not agree with any part of these Terms, you must not use the Website.
We may modify these Terms at any time without prior notice. Changes take effect immediately upon posting. It is your responsibility to review these Terms periodically. Continued use after any modification constitutes acceptance of the revised Terms.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario. By using the Website, you irrevocably submit to the personal jurisdiction of the Ontario courts.
Provincial Consumer Protection
Your Custom Merch acknowledges and complies with applicable consumer protection legislation across all Canadian provinces and territories. Your mandatory statutory rights under provincial law are expressly preserved and are not limited by these Terms.
Nature of Services
Your Custom Merch is a custom merchandise platform facilitating the design, ordering, and fulfilment of branded products including apparel, accessories, drinkware, stationery, and promotional goods. We act as an intermediary between clients and third-party print-on-demand and fulfilment suppliers ("Fulfilment Partners").
We are not the manufacturer of goods sold through our platform. Fulfilment, printing, and shipping are carried out by our third-party print-on-demand and fulfilment partners. Delivery timelines, product specifications, and availability are subject to the operational capacity of our Fulfilment Partners and are beyond our direct control. The identities of our Fulfilment Partners may change from time to time and are available upon written request.
Your Custom Merch does not hold physical inventory. All products are produced on a per-order basis.
Limitation of Liability
To the fullest extent permitted by applicable law, Your Custom Merch and its owners, directors, officers, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Your use of or inability to use the Website or services
- Errors, inaccuracies, or omissions in Website content, pricing, or product availability
- Delay or failure in service delivery by a Fulfilment Partner or carrier
- Loss or damage to goods during shipping by a third-party carrier
- Unauthorized access to or alteration of your data or transmissions
- Any force majeure event beyond our reasonable control
Our total aggregate liability for any claim shall not exceed the total amount paid by you for the specific order giving rise to the claim in the twelve (12) months preceding the claim.
Disclaimer of Warranties
The Website and all content, products, and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind to the fullest extent permitted by law. We expressly disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
Product mockups and digital previews are approximations only. Final printed products may vary in colour, texture, and placement due to the technical limitations of printing processes. Colour variations between screen displays and printed output are not considered defects and do not qualify as grounds for a refund or claim.
Intellectual Property
Our Content
All website content — including text, graphics, logos, images, templates, and software — is the property of Your Custom Merch or its licensors and is protected under the Copyright Act, R.S.C. 1985, c. C-42, and the Trade-marks Act, R.S.C. 1985, c. T-13. You may not reproduce, distribute, or use any content for commercial purposes without our prior written consent.
Client-Submitted Content
By submitting artwork, logos, or designs ("Client Content"), you represent and warrant that:
- You own all intellectual property rights in the Client Content, or hold all necessary licences and consents
- The content does not infringe the rights of any third party
- The content does not contain defamatory, obscene, hateful, or unlawful material
- You have obtained all necessary consents for any identifiable individuals depicted
You grant Your Custom Merch a limited, non-exclusive, royalty-free licence to use Client Content solely to fulfil your order. We will not use your content for marketing without your written consent.
Prohibited Content
We will not produce any product containing content that infringes third-party intellectual property, promotes hatred or discrimination, is sexually explicit, depicts real persons without consent, or violates any applicable law. Orders containing such content may be cancelled with a full refund issued.
Anti-Spam & Electronic Communications (CASL)
Your Custom Merch complies with Canada's Anti-Spam Legislation, S.C. 2010, c. 23 ("CASL"). We send commercial electronic messages only to individuals who have provided express or implied consent as defined under CASL.
Transactional communications (order confirmations, shipping notifications, account updates) do not require separate consent under CASL.
You may withdraw consent to promotional communications at any time by clicking the unsubscribe link in any marketing email or by contacting us at help@yourcustommerch.ca. We will process your request within ten (10) business days.
Orders, Pricing & Payment
All prices are displayed in Canadian dollars (CAD) unless otherwise stated and are subject to change without notice. Applicable provincial and federal taxes are calculated and displayed at checkout based on the delivery address.
By placing an order, you confirm that you are at least 18 years of age (or have parental/guardian consent), that all information provided is accurate, and that you are authorized to use the payment method provided.
All sales are final upon production commencement. Because all products are custom-made to order, we cannot accept returns or exchanges for incorrect size selection, change of mind, or buyer's remorse. Please refer to our Returns & Refunds Policy for claims related to damaged, defective, or lost items.
We reserve the right to cancel any order prior to fulfilment for any lawful reason including pricing errors, product unavailability, or prohibited content. A full refund will be issued to the original payment method in such cases. Refunds are typically processed within five (5) to ten (10) business days, depending on your payment provider.
Recurring Subscriptions and One-Time Plans
Some of our programs are billed monthly on a recurring subscription basis; others are billed as a one-time setup. Your billing terms are confirmed at sign-up and shown on your account dashboard.
Recurring subscriptions automatically renew at the end of each billing cycle at the then-current rate until cancelled by you. We will notify you by email in advance of any price change with at least thirty (30) days' notice, giving you the option to cancel before the new rate takes effect.
You may cancel a recurring subscription at any time from your account dashboard or by emailing help@yourcustommerch.ca. Cancellation takes effect at the end of your current billing period — your program remains active until that date, and you will not be charged for any future cycle. No partial refunds are issued for unused portions of a billing period.
On cancellation, your branded program will be taken offline. Your account, brand assets, and historical order records are retained for the periods set out in our Privacy Policy (Section 6), and you may request export or deletion within those windows.
One-time setup plans are billed once at sign-up and do not auto-renew. There is no ongoing monthly charge. Your program remains live in accordance with the terms confirmed at sign-up.
Acceptable Use
By using the Website, you agree not to:
- Use the Website for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to any part of the Website, server, or database
- Transmit unsolicited commercial communications in violation of CASL
- Upload or transmit viruses, malware, or any malicious code
- Scrape, harvest, or collect data from the Website without our express written permission
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the integrity or performance of the Website
We reserve the right to suspend or terminate access to the Website for any user who violates these Terms, without notice and without liability.
Indemnification
You agree to defend, indemnify, and hold harmless Your Custom Merch and its owners, officers, directors, employees, agents, and contractors from and against all claims, liabilities, damages, losses, costs, and legal fees arising from:
- Your violation of these Terms
- Your use of the Website or services
- Any Client Content you submit to us
- Your violation of any third-party rights including intellectual property rights
- Any misrepresentation made by you
This indemnification obligation survives any termination of these Terms and your use of the Website.
Force Majeure
Your Custom Merch shall not be liable for failure or delay in performing obligations where such failure results from any cause beyond our reasonable control, including acts of God, natural disaster, pandemic, fire, flood, war, terrorism, civil unrest, government action, labour disputes, supply chain disruptions, or failure of third-party infrastructure.
In such events, we will notify affected clients as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations. Affected orders may be rescheduled or refunded at our discretion.
Severability, Waiver & Entire Agreement
If any provision of these Terms is found unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severable and shall not affect the remaining provisions.
Our failure to enforce any right or provision does not constitute a waiver. Any waiver must be in writing and signed by an authorized representative of Your Custom Merch.
These Terms, together with our Privacy Policy and Returns & Refunds Policy, constitute the entire agreement between you and Your Custom Merch with respect to the Website and supersede all prior agreements and representations.
Accessibility (AODA)
Your Custom Merch is committed to making our Website accessible to all users, including those with disabilities, consistent with the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") and WCAG 2.1 Level AA standards.
If you experience any accessibility barrier on our Website, please contact us at help@yourcustommerch.ca and we will make reasonable efforts to accommodate your needs.
Contact Information
Legal Enquiries
For questions about these Terms, please contact us:
We aim to respond to all enquiries within five (5) business days.