Privacy Policy


Last Revised: April 15, 2017


Welcome! Fleetsmith, Inc. provides an information technology service where users may provide certain non-human resources personal data. Fleetsmith allows users to download a software application (“Agent”) in order to access the cloud-hosted service platform (“Platform”) geared towards helping employees associated with a certain company or organization install the correct software on other users’ computers, all accessible through its website (“Website”), (collectively, the “Service(s)”). This Privacy Policy governs the collection and use of all the information collected from all of our sources, whether the Agent, Platform, Website, Services etc. Any terms not defined herein shall have the meaning given to them in the associated Terms of Use.


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.


Under the Privacy Shield, Fleetsmith’s practices and policies are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). By visiting the Website and/or using the Services, you are accepting and consenting to the practices described in this Privacy Policy.


1. Questions; Contacting Fleetsmith; Reporting Violations

If you have any questions, concerns or complaints about Our Privacy Policy or Our data collection or processing practices, please email privacy@fleetsmithhq.com. If you want to report any security concerns or violations to Us, please visit our security page at https://www.fleetsmith.com/security to find information on how to best reach us.


2. User Consent

By submitting Personal Data (as defined below) through the Website or Services having such Personal Data collected through your use of the Services, you agree to the terms of this Privacy Policy, and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.


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 support@fleetsmithhq.com.


4. International Data Transfer

Information, including Personal Data, that We collect from you, will be transferred to, stored at and processed by Our affiliates and other third parties in a country outside the European Economic Area, including, but not limited to, the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accessing the Website and/or using the Service, you agree to this transfer, storing or processing. All data that you provide use through your use of the Website and/or Service may be transferred, stored and process outside the European Economic Area, regardless of the type and/or content of the data. We will use commercially reasonable efforts to take all steps reasonably necessary to insure that your Personal Data is treated in accordance with this Privacy Policy.


5. Types of Data We Collect

We get information about you in a range of ways, including “Personal Data,” which for the purposes of this Privacy Policy shall have the meaning given to it in Directive 2002/58/EC of the European Parliament and the Council of 12 July 2002 concerning the processing of Personal Data and the protection of privacy in the electronic communications sector (the “Directive”). "Personal Data” means data that allows someone to identify or contact you, including, 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” 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 laptop, 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. “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. Further, in order for Fleetsmith to collect certain necessary Personal Data, Fleetsmith must have access to your Google account, via Google OAuth. You agree to grant Fleetsmith access to your Personal Data to the extent such access is necessary for Fleetsmith to access your Google account and to the extent necessary for Fleetsmith to perform the Services. In addition, we collect Personal Data as described below.


(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

(c) Information Collected via Technology

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:

(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

We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.


(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.


(b) Affiliates

We may share some or all of your Personal Data with Our affiliates, including subsidiaries, joint ventures, or other companies under a common control, in which case We will require such entities to honor this Privacy Policy, provided however that we will not share your Personal Data with certain third parties, such as third party advertisers, though we may share some of your Personal Data for the purpose of improving product features and/or functionality.


(c) Corporate Restructuring

We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure 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. If another company acquires Our company, business, or assets, that company will possess the Personal Data a collected by Us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.


(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

Regardless of any choices you make regarding your Personal Data (as described below), Fleetsmith may disclose Personal Data to third parties if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to prevent fraud or abuse of Fleetsmith or other users; (c) to comply with relevant laws lawful requests and legal processes, including to respond to requests from public and government authorities to meet national security or law enforcement requirements or to respond to subpoenas or warrants served on Fleetsmith; (d) to protect or defend the rights or property of Fleetsmith, its customers and its users of the Website; and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Our Terms of Use.


8. Third Party Websites

Our Website may contain links to third party websites. When you click on a link to any other website or location, you will leave Our Website and go to another website and another entity which may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify Our endorsement of such third parties or their products, content or 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

We may periodically send you free newsletters and e-mails that directly promote the Use of Our Website and/or Service. When you receive newsletters or promotional communications from Us, you may indicate a preference to stop receiving further communications from Us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting Us directly (please see contact information above). Despite your indicated e-mail preferences, We may send you service related communications, including notices of any updates to Our Terms of Use or Privacy Policy.


(b) Cookies

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 support@fleetsmithhq.com (“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 support@fleetsmithhq.com. 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.


10. Security

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 security@fleetsmithhq.com.


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: privacy@fleetsmithhq.com. 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.


12. Changes to This Privacy Policy

This Privacy Policy is subject to occasional revision, and if We make any material changes in the way We Use your Personal Data, We will notify you by sending you an e-mail to the last e-mail address you provided to Us and/or by prominently posting notice of the changes on Our Website. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following Our dispatch of an e-mail notice to you or thirty (30) calendar days following Our posting of notice of the changes on Our Website. These changes will be effective immediately for new Users of the Website and/or Service. Please note that at all times you are responsible for updating your Personal Data to provide Us with your most current e-mail address. In the event that the last e-mail address that you have provided Us is not valid, or for any reason is not capable of delivering to you the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in Our Use of your Personal Data, you must notify Us prior to the effective date of the changes that you wish to deactivate your Account with Us. Continued Use of the Website and our Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.