Last Revised: November 1, 2018
Information We Collect and Why
We get information about you in a range of ways, including "Personal Data," which means any information relating to an identified or identifiable natural person. Personal Data includes, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. Personal Data also includes the information that is automatically collected when you use certain network related features of the Services, such as public or private IP addresses, subnets, etc., location information (e.g. based on IP lookup), check-in time for user device, affiliation with an organization, and any other information related to your affiliation with such organization and/or such organization’s employees, with respect to their use of any employer-provided device.
Further, in order for Fleetsmith to collect certain necessary Personal Data, Fleetsmith relies on access to our Customer’s system that creates, maintains, and manages identity information ("Identity Provider"), such as G Suite or Office 365. You agree to grant Fleetsmith access to your Personal Data from your Identity Provider account to the extent necessary for Fleetsmith to perform the Services.
In addition, we collect Personal Data as described below.
(a) Information You Provide to Us
When you create an account to log in to our network, are provisioned an account by a Customer, and/or when you order Services through our website as a Customer ("Account"), 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, and password. We use this Personal Data to provide the Services to you, to provide the Services to our Customer (including sharing this information with our Customer), and administer your inquiries.
Our Services are designed to help our Customers manage devices across their organization, including yours. Our Services allow Customers to detect, remediate, and verify remediation of settings and applications that do not meet Customer’s information technology policies, with capabilities that include, but are not limited to, enforced OS upgrades, automated patching, application updates, and remote wipe. If we are enabling Customer to manage your device(s), we may also collect information related to the devices associated with your Account such as device identifiers, make and model, Operating System information, device settings, device log files, application information (e.g., version, usage data) and other details. Your device may also transmit location information to the Services. Customers may approve our permission request to receive access to Customer’s Identity Provider account, after which we may access your name, email address, Identity Provider user ID, Identity Provider directory permission information associated with Customer’s account, and the tokens generated through any authentication mechanisms (e.g., OAuth). We use this Personal Data to provide the Services to you, to provide the Services to our Customer (including sharing this information with our Customer), and administer your inquiries.
We also collect other types of Personal Data that you provide to us voluntarily, such as your Operating System and version, device serial number, and other requested information if you contact us via e-mail regarding support for the Service. We use this Personal Data to provide the Services to you, to provide the Services to our Customer (including sharing this information with our Customer), and administer your inquiries.
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 respond to your inquiry.
We may also collect Personal Data at other points on our website that state that Personal Data is being collected and for purposes for which we receive your consent.
(b) Information Collected via Technology
Information Collected by our Servers. To make Services 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. We use this information to provide the Services, to improve the Services, and to secure our Services.
Pixel Tags. In addition, We may use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs) to provide, improve, protect, and promote our Services. 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.
Collection of Data by Advertisers. From time to time, Fleetsmith may partner with certain third party business partners, and display Fleetsmith’s and/or such partner’s logo on or through its products and services. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Website (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, in connection with Fleetsmith’s business partners to better understand the usage and visitation of our Website and other sites. For more information about Cookies and how to disable them, please visit www.allaboutcookies.org. You may also find more information about how to control Cookies and opt out of receiving tailored advertising from the Network Advertising Initiative’s Consumer Opt-Out or the Digital Advertising Alliance’s Consumer Opt-Out. You are responsible for choices you make regarding these mechanisms.
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.
Analytics Services. We use third party analytics services, including Google Analytics ("Analytics Services"), to help analyze how users use the Website, and to provide, improve, and protect our Services. The information generated by the Cookies or other technologies about your use of our Website (the "Analytics Information") is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. To find out more about how Google uses information when you visit a website that uses Google Analytics, please visit: https://policies.google.com/technologies/partner-sites.
(c) Online Payments
When you create an Account, we may collect your credit card and billing information. We use this information to process payments, including by using third party service providers. 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.
2. 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, to secure our Service, and to provide the Services to you and to our Customer. We use your Personal Data in the following ways:
to facilitate creation and security your Account on our network;
to facilitate and process payments you make for Services that you purchase on the website;
to improve the quality of experience when you use our Website;
to 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;
to send you administrative e-mail notifications, such as security, or support and maintenance advisories;
to 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
"Anonymous Data"means data that is not associated with or linked to your Personal Data, but is pulled from such data and compiled into an anonymous and aggregated form. We may create Anonymous Data records from Personal Data by excluding information 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 and otherwise improve our Services. 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.
3. Disclosure of Your Personal Data
(a) With Our Customer
If your Account was provisioned by or is associated with a Customer account, the Customer may have access and control over the information associated with your Account. The Customer may have its own policies governing access, use, and disclosure of information in your Account.
(b) Third Party Service Providers
(d) Corporate Restructuring
We may share some or all of your Personal Data in connection with any merger, acquisition, reorganization, or sale of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset.
(e) Other Disclosures
4. Third-Party Services
5. 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
(b) Changing, Requesting or Deleting Your Personal Data
Users may review, update, correct, or delete certain Personal Data in their Account by accessing the settings in the Services. If you would like us to delete information about you in our systems, please contact us at [email protected]. If your User account was provisioned by a Customer, the Customer is a "data controller" of your information, and if you seek to correct, amend, or delete data associated with your Account, you should direct your requests to Customer. If you completely delete all of your Personal Data, then your User account may become deactivated, and you may no longer be able to utilize the Website. We may retain an archived copy of your records as required by law or for legitimate business purposes.
(c) 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.
6. Privacy Shield
Fleetsmith is self-certified under the EU-US Privacy Shield Framework 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 will take precedence. If you wish to learn more about the Privacy Shield, information is made available at https://www.privacyshield.gov/welcome.
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.
Under the Privacy Shield, Fleetsmith’s practices and policies are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
7. A Note About Children
We do not intentionally gather Personal Data from 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].
8. International Data Transfer
Personal Data that we collect from you, will be transferred to, stored at, and processed by us, our affiliates, and other third parties in countries outside the European Economic Area, including, but not limited to, the United States and other countries, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Service, you agree to this transfer, storing, or processing.
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 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 se[email protected].
10. Privacy Shield Dispute Recourse
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.
12. Questions; Contacting Fleetsmith; Reporting Violations