Last Revised: January 17, 2018
Your privacy is important to Fleetsmith, Inc. (“Fleetsmith,” “We,” “Us,” or “Our”).
Please read the following carefully to understand Our views and practices regarding your Personal Data (defined below) and how We will collect, use and disclose the Personal Data that We collect through the Website and/or Services. We draw your attention in particular to Sections 4 (International Data Transfer) and 9(a) (Email Communications). Please note that Fleetsmith is self-certified under the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the EU to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. If you wish to learn more about the Privacy Shield, such information is made available at https://www.privacyshield.gov/welcome. Fleetsmith is committed to protecting your personal data, and thus Fleetsmith’s data collection is subject to the Privacy Shield and its associated rules and regulations.
As described in the Privacy Shield Principles, Fleetsmith is accountable for personal data that it receives and subsequently transfers to third parties. If third parties that process personal data on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
1. Questions; Contacting Fleetsmith; Reporting Violations
2. User Consent
3. A Note About Children
We do not intentionally gather Personal Data from visitors to the Website or users of the Service who are under the age of 13. If a child under 13 submits Personal Data to Fleetsmith and We learn that the Personal Data is the information of a child under 13, We will attempt to delete the information as soon as possible. If you believe that We might have any Personal Data from a child under 13, please contact Us at [email protected].
4. International Data Transfer
5. Types of Data We Collect
(a) Online Payments
For any online payments, we use the payment services of Stripe (https://stripe.com). For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/us/privacy.
(b) Information You Provide to Us
- We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, picture, phone numbers, any relevant background information, company information, credit card and billing information and password when you create an account to log in to Our network and/or when you order Services through our Website (“Account”)
- If you provide us feedback or contact us via e-mail, we may collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
- We may collect certain unique identifiers associated with your Google account (e.g., OAuth tokens) after you have approved our permission request(s). By providing us with access to your OAuth tokens, we may access names, email addresses, Google user IDs, and G Suite directory permissions within your Google account.
- We also collect other types of Personal Data that you provide to Us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact Us via e-mail regarding support for the Service.
- We may also collect Personal Data at other points on our Website that state that Personal Data is being collected.
(c) Information Collected via Technology
- Information Collected by Our Servers. To make Our Website more useful to you, Our servers (which may be hosted by third party service providers) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We may also record any information necessary for identifying and proactively blocking attempted attacks on our service.
- Pixel Tags. In addition, We may use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow Us to send e-mail messages in a format users can read, and they tell Us whether e-mails have been opened to ensure that We are sending only messages that are of interest to Our users. We may use this information to reduce or eliminate messages sent to a user.
- How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking.
- Flash LSOs. If We post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
6. Use of Your Personal Data
(a) General Use
In general, the Personal Data you submit to Us is used to respond to requests that you make, to aid Us in serving you better, to improve our Service, and to provide the Website to you. We use your Personal Data in the following ways:
- facilitate the creation of and secure your Account on Our network;
- facilitate and process payments you make for Services that you purchase on the Website;
- improve the quality of experience when you use our Website;
- send you a Welcome e-mail in the event we choose to verify ownership of the e-mail address provided when your Account was created;
- send you administrative e-mail notifications, such as security, or support and maintenance advisories;
- send newsletters, surveys, offers, and other promotional materials related to the Website, Service and services made available by third parties and for other marketing purposes of Fleetsmith.
(b) Creation of Anonymous Data
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you or your associated company/organization. We use this Anonymous Data to analyze request and usage patterns so that We may enhance the content made available on Our Website and/or Service. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties in Our sole discretion. Further, we may use this Anonymous Data for benchmarking and analytics purposes, or for any purpose that We see fit.
7. Disclosure of Your Personal Data and Anonymous Data
(a) Third Party Service Providers
We may share your Personal Data with third party service providers to: provide you with the Website, including to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Fleetsmith.
(c) Corporate Restructuring
(d) Disclosure of Anonymous Data
We may create Anonymous Data records from Personal Data by excluding information that makes the data personally identifiable to you. We use this Anonymous Data to: (a) analyze request and usage patterns to enhance the content provided on our Website and improve navigation of the Website and (b) to collect, analyze and use data obtained from and your laptop(s) (e.g., aggregate usage metrics, hard drive capacity and current operating system information) for the purpose of better understanding your and other customers’ device usage patterns in order to improve and develop our product(s). We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties in our sole discretion.
(e) Other Disclosures
8. Third Party Websites
9. Your Choices Regarding Your Information
You have several choices regarding Use of information that you provide when accessing the Website and/or using the Service:
(a) Email Communications
If you decide at any time that you no longer wish to accept cookies from the Website for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the Websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to Use all portions of the Website or all functionality of the Website. If you have any questions about how to disable or modify cookies, please let Us know at the contact information provided above.
(c) Changing, Requesting or Deleting Your Personal Data
All Users may review, update, correct or delete the Personal Information in their User account by contacting Us or by editing their profile via the Website. If you completely delete all of your Personal Information, then your User account may become deactivated, and you may no longer be able to utilize the Website. We will Use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The Directive gives you the right to access information held about you. If you wish to exercise this right in accordance with the Directive, please contact Us at [email protected] (“Fleetsmith Privacy Contact”). You may send requests about Personal Data to Our Fleetsmith Privacy Contact. You can request to change contact choices, opt-out of our sharing with others, and update your Personal Data.
(d) NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL DATA TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING [email protected]. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONLY ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
The security of your Personal Data is important to Us. We follow generally accepted industry standards to protect the Personal Data submitted to Us, both during transmission and once We receive it. No method of transmission over the Internet or method of storage is 100% secure, however. Therefore, We cannot guarantee the absolute security of the Website or Service. You can read more about our security practices on our website at https://www.fleetsmith.com/security. If you still have questions about the security of Our Services, you can contact Us at [email protected].
11. Dispute Recourse
In compliance with the Privacy Shield Principles, Fleetsmith commits to resolve complaints about our collection or use of your personal data. EU individuals with inquiries or complaints regarding this Policy should first contact us at: [email protected]. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, disputes that may result pursuant to your use of the Website and/or Service will be subject to the JAMS Privacy Shield Program, a United States based, neutral, third party dispute resolution body. JAMS is an independent dispute resolution body, designed to address complaints and provide appropriate recourse free of charge, to the individual or entity seeking relief. In the event that you would like to view or receive more information about the JAMS Privacy Shield Program, or to contact JAMS regarding a possible dispute, please visit https://www.jamsadr.com/eu-us-privacy-shield.
As further explained in the Privacy Shield Principles, binding arbitration will also be made available to you in order to address residual complaints not resolved by any other means.