PRIVACY POLICY

 

Last Modified: October 15, 2021

NexTraq LLC (“Company,” “we” or “us”) is committed to protecting your privacy.  This Privacy Policy explains how the Company collects, uses, and shares the personal information we collect from visitors to our Company websites or users of the NexTraq services (“Services”) or Applications.  For specific information about how we collect and use information collected from our customers, customers’ end-users, or on our customers’ behalf during the provision of our Services, please see “Customer Data” below. By accessing or using our Company websites and Services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our applicable Terms and Conditions, incorporated by reference herein.

 

1. TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT. We may collect personal information that you provide to us when you set up an account, engage with our Services, sign up for our newsletter, or communicate with us, though the categories of personal information we collect will depend on the scope of your interaction with us. For example, we may request your personal information (e.g., name, postal address, email address, telephone number, and payment information) or your applicable business information when you register for an account to purchase our Services. We collect information you may provide when providing content or commentary on our blog, connecting with us on social media and other similar interactions (“User Content”). Please note that User Content is published on our websites and will be viewable by the public. We may collect additional information from the use of our Services, e.g., geolocation and status information or audio or video recordings from vehicles that are connected through our Services. From time to time, we may also obtain information from other sources, such as third-party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, our Privacy Policy governs the handling of the combined personal information.

The categories of personal information that we might obtain from you through your interaction with us may include: Identifiers such as your name, address, email, phone number, username, or other similar fields of information; Internet or Network Activity Information related to your interaction with our websites or Services, or Audio, Electronic, Visual, or similar information where the Services or your interactions with us include audible communication or your presence on visual media (e.g., as part of our dashcam services). There may also be times where we obtain geolocation, telemetry, or movement data sufficient to draw an inference about your driving activity from your interaction with us if that interaction involves you being an End-User or the passenger of an End-User (see “Customer Data” below).

We use this information to operate, maintain, and provide to you the features and functionality of our websites, Platform, and Services, as well as to work with third parties who might market relevant services to you, communicate directly with you, such as to respond to your inquiries, to send you newsletters or email messages about products and services that may be of interest to you.  We may also send you company-related emails or messages (e.g., account verification, billing confirmation, changes or updates to features of the Services, technical and security notices). For more information about your communication preferences, see “Control Over Your Information” below.

You may view our Company websites without providing any personal information (other than information collected automatically as identified in the section entitled “How We Use Cookies and Other Tracking Technology”).

 

2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY. Like most websites and online services, we and certain of our third-party providers may collect certain types of usage information automatically when you visit our websites, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, Flash cookies (locally stored objects), embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”).  These tracking technologies collect information about how you use our websites (e.g., the pages you view, the links you click, and other actions you take on our websites), information about your browser and online usage patterns (e.g., IP address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email , links clicked), and information about the device(s) you use to access our websites (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and depending on your mobile device settings, your geographical location data (which could include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device), or we may be able to approximate a device’s location by analyzing other information, like an IP address).  We, or our third party providers, may link your various devices so that content you see on one device can result in relevant content displayed on another device (which may include marketing information related to products or services that may be of interest to you), and so that we may recognize and contact you on the various devices you may use.  We may also collect analytics data, or use third party analytics tools, to help us measure traffic and usage of the website or Services. Although we do our best to honor the privacy preferences of our visitors, the Services are not configured to respond to Do Not Track signals from your browser.

We may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites; (b) provide custom, personalized content and information, including content (which may include marketing information related to products or services that may be of interest to you)*; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our websites and Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our websites; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our websites and Services.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using our websites, as some features on our websites may not work properly.  Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects – including how to manage privacy and storage settings for Flash cookies – on Adobe’s website. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.

We use certain types of cookies which are “Strictly Necessary” or “Functional” cookies.  Please note that if you elect not to receive cookies, certain features or functionality of the Services which depend on Strictly Necessary Cookies or Functional Cookies may not function properly.

Strictly Necessary cookies are cookies that are indispensable due to the fact that the functionality of the Services is contingent on their existence.  The Strictly Necessary cookies do not conserve information once you leave the site. They permit us, for example, to identify the terminals to dispatch the communication, to assign numbers to the data “packets” in order to dispatch them in the requested order, and to detect transmission errors or data loss.

Functional cookies are used exclusively for providing an electronic communication service at the request of the internet user.  The information is conserved beyond your browsing session on the internet website, and can be transmitted to partners, uniquely for means of supplying provisions necessary to the services. These can be, for example, cookies that save the preferences of the user such as language preference of the user, cookies that save a “user session”, or cookies that provide a “virtual shopping basket”.

*For more information about our use of tracking technologies to display marketing information to you, please see “Third Party Tracking and Online Advertising” below.

 

3. WHEN WE DISCLOSE PERSONAL INFORMATION. We may share your personal information in the instances described below, in each case subject to any relevant restrictions of applicable law (which may include providing you with the opportunity to opt out of or object to such sharing where such a right is provided under applicable law). For further information on your choices regarding your information, see “Control Over Your Information.”

We may share your personal information with third party providers or business partners who help us deliver or improve our websites and Services or who perform services on our behalf.  These services may include identifying and serving advertisements that may be of interest to you, processing payments, sending postal mail, providing back-office services, or measuring site traffic. These third party providers or business partners are legally obligated to keep the personal information we share with them confidential and secure and to use your personal information on the basis of our instructions only. In compliance with applicable law, we may also disclose your information to third parties who may send you information about products and services you may enjoy.

We may aggregate, or anonymize, and then share that aggregated or anonymized information with third parties, including data brokers and other business partners, for our business purposes. In some cases, we may aggregate and share data that includes geolocation information and therefore may be considered personal information under applicable law or that could be used to identify an individual. Where permitted by law, we might disclose this personal information for monetary consideration in furtherance of our business purposes or the business purposes of third parties with whom we conduct business.

We may share or disclose your personal information if we determine, in our sole discretion, that such action is reasonably necessary to (a) comply with the law, regulatory requirements or the reasonable requests of law enforcement; (b) if we reasonably believe disclosure is necessary to prevent harm or financial loss, or in connection with detecting or preventing fraud, intellectual property infringement, piracy, or other unlawful activity, (c) to exercise or protect the rights, property or personal safety of the company, our employees, customers or others, and/or (d) to enforce our Terms and Conditions.

We may share any personal information that we collect (as described above) with our affiliates (i.e., any corporation or other business entity which controls, or is controlled by, or is under common control with, NexTraq).  The terms “control” and “controlled by” as used with respect to any entity means the ownership, directly or indirectly, of a majority of the assets or voting stock of such entity.  These companies will use your personal information in the same way as we can under this Privacy Policy.

We reserve the right to transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Policy.

 

4. CUSTOMER DATA. “Customer” means a party that has entered into a separate agreement to receive Services from NexTraq through a NexTraq Order Form and associated NexTraq Terms and Conditions (collectively a “Customer Agreement”), and “End-User” means an end-user of such Customer as defined in the related Customer Agreement.  In providing our Services, we may collect information about our Customers and End-Users associated with our Customers’ use of the Services.  This data is governed by our Customer Agreements with our Customers and by the terms of this Privacy Policy, but if these provisions conflict with the terms of our Customer Agreement, the Customer Agreement shall govern.

Our Customers may provide data to our Services or otherwise provide data which may include personal information or other information about our Customer or our Customers’ End-Users (all of which we call “Customer Data”), but this definition does not include Fleet Data. “Fleet Data” means any information or data generated by NexTraq Equipment, including but not limited to a vehicle mounted wireless tracking device (“Tracking Device”), and the provision of the Services, including geolocation, telemetry and movement data, information that comes from the vehicles, and information that incorporates or is derived from the processing of such information or data, and all other data made available by us through the Platform for the purpose of providing the Services to you. Customer Data is controlled by our Customers, but Customer acknowledges that NexTraq shall have the right to license this data to third parties pursuant to its Customer Agreements.

Customer is solely responsible for the placement of each Tracking Device and the corresponding collection of Fleet Data associated with the vehicle in which the Tracking Device is placed, and for compliance with all laws and best practices associated with the collection of Fleet Data, including providing notice to and obtaining consents from End-Users, if necessary for such collection. We may associate Fleet Data with Customer Data according to the settings and functionality of the Services utilized by the Customer. We collect and process Fleet Data in accordance with our Customer Agreements.

Note that Fleet Data also may include dashcam video footage and, if turned on by a Customer, audio recordings. Such video and audio information is controlled by, and the responsibility of, the Customer and any End-Users. Please note that such information may be subject to federal, state and local laws, and no video or audio should be captured by a Customer or End-User except in compliance with applicable laws and with the knowledge and consent of all individuals whose information (including any image or audio recording) is captured. NexTraq is not responsible for any collection of such information by any Customer or End-User. No dashcam audio or video data will be licensed or sold by NexTraq to any other party; however, this data may be disclosed in limited circumstances pursuant to Section 3 of this Privacy Policy.

Further, depending on the functionality and Services purchased by a Customer, the Customer may direct End-Users (for example, Customer employees or drivers) to download and utilize our mobile application (“App”). If you download and use the App from a personal device, we may collect certain information about you, your device, your location, and your usage of the App. For example, we collect your user login and any personal information you or our Customer associate with the account, a mobile device identifier and other information associated with the mobile device, such as the make and model of the device and operating system and device phone number, and we may associate this information with Customer Data and Fleet Data.  We consider information we collect from your use of the App to be Customer Data, which we collect and process in accordance with our agreements with our Customers.

If you are an End-User, please address all questions relating to the collection and use of Customer Data and/or Fleet Data to the Customer responsible for the account.

 

5. CONTROL OVER YOUR INFORMATION.

Email Communications: From time to time, we may send you emails regarding updates to our websites, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “Unsubscribe” link provided at the bottom of the email communication. Note that you cannot unsubscribe from certain company-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).

Modifying Account Information: If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) through “profile,” “account,” “settings,” or “preferences” options provided on the Services. Please note that NexTraq does not own or control the Customer Data submitted to or collected by our Services by or on behalf of our Customers, and NexTraq cannot modify or delete Customer Data except at the request of our Customer, or as permitted by our Customer Agreements. We aim to maintain our Services in a manner that protects information from accidental or malicious destruction.  Because of this, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

 

6. THIRD PARTY TRACKING AND ONLINE ADVERTISING. We may from time to time participate in interest-based advertising and use third party advertising companies to serve you marketing content based on use of the Services.  We may permit third party online advertising networks, social media companies and other third party services, to collect information about your use of our websites over time so that they may play or display ads on our websites, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited a website and other information. We may also share a common account identifier (such as an email address or user ID) to help us identify you across devices. We and our third party providers use this information to make the advertisements you see online more relevant to your interests.

As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative and/or the Digital Advertising Alliance online resources.  Some of these opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookie, you may need to perform the opt-out task again.

 

7. DATA PROTECTION AND SECURITY.

Data Retention:  We maintain standard data retention policies in the ordinary course of our business based on the type and nature of data collected and the purposes for which it is collected and/or used.  We will retain all categories of your personal information referenced above in Section 1 for so long as you are a customer and/or are otherwise using the Services, and afterwards in accordance with our ordinary data retention policies then in effect, excluding Fleet data, which may not be subject to deletion.  Following termination or deactivation of your account, we may also retain information for a commercially reasonable time for recordkeeping, audit or other purposes, as permitted by applicable law. Any Customer Data that we have access to shall be retained, stored, or deleted according to our Customer Agreements. Notwithstanding the other provisions of this section, we may retain information where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.

Data storage and transfer:  Your information may be stored and processed in the United States or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities.  If you are located in a country or region with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy, including provisions specifically addressing the cross-border transfer of data (below, at International Transfers).

Keeping information safe:  We care about the security of your information and use commercially reasonable physical, technical and organizational measures designed to preserve the integrity and security of all information we collect.  However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify our Customers whose information may have been compromised and take other steps in accordance with any applicable laws and regulations. The safety and security of your information also depends on you.  Where you have chosen a password to access the Services, you are responsible for keeping this password confidential.  We ask that you not share this password with anyone.  Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services.  Any transmission of personal information is done at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Our obligations with respect Customer Data are defined in our Customer Agreements. Each Customer will remain responsible for the privacy and security of the Customer Data that it collects and processes and for compliance with applicable data protection laws (including laws relating to notification of security incidents) that may apply to the collection, processing and disclosure of Customer Data through the Services.

 

8. LINKS TO THIRD PARTY WEBSITES AND SERVICES. The Services may contain links to webpages operated by parties other than NexTraq.  We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites.  Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.  Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether by using the Services to access websites or otherwise) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.   Other websites and services may have their own privacy policies, which you will be subject to upon linking to the other third party’s website.  NexTraq strongly recommends that you review the other third party’s terms and policies.

 

9. CHILDREN’S PRIVACY. Our Services are not intended for children under 16 years of age.  No one under age 16 may provide any information to or on the Services.  We do not knowingly collect personal information from children under 16.  If you are under 16, do not use or provide any information on our Services or on or through any of its features/register on the Services, use any of the interactive or public comment features of this Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 16 years of age without verification of parental consent, we will delete the information.  If you believe we might have any information from or about a child under age 16, please contact us at as set forth in the contact section below.

 

10. DATA SUBJECT RIGHTS RELATED TO PERSONAL INFORMATION. NexTraq will provide residents of certain jurisdictions with certain consumer rights as permitted under the data privacy laws of the countries and/or province and territory where we conduct business.  This includes the jurisdictions of Canada, Australia, New Zealand as well as California and Nevada in the United States. This section of our Privacy Policy provides such residents with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and the rights regarding such personal information under the jurisdictional laws and regulations identified below. This section will not apply, however, if we do not collect any personal information about you or if the information we collect is exempt from the statute.

Right to Know or Access (applicable for California, Nevada, Canada, Australia and New Zealand residents)
Subject to applicable law, you have the right to know and request a copy of the Personal Information we collect, use, disclose or sell.  The specific information you are entitled to may vary depending on your country or, for U.S. residents, your state.

For California residents you can request a listing of the types of personal information we have collected, the sources of that information, how we use the information, other individuals or businesses with whom we share information, including the disclosure or sale of personal information to third parties for direct marketing purposes, and the specific pieces of personal information that we maintain about you.

For Canadian residents you may request information about the information we maintain, the use and disclosure of your personal information. We will contact you to obtain informed consent prior to selling any of your personal information, as contemplated by applicable Canadian law.

For Australian and New Zealand residents, you may request confirmation of whether we have any personal information about you and obtain a copy of that information.

When the collection or disclosure of your Personal Information is necessary for the fulfillment of our Services, any such disclosure shall be deemed a condition of service. In those situations, while we do not discriminate against individuals for exercising their privacy rights, the consequences of asking us not to process any of your personal information would be an inability to provide you with access to our Platform or our Services.

Right to Correct or Amend (applicable for Canada, Australia, New Zealand and Nevada residents)
Subject to applicable law, you have the right to request that personal information we maintain about you be amended or corrected. Canadian residents also have the right to challenge the accuracy of completeness of data.

Right to Delete (applicable for California residents)
Subject to applicable law, you have the right to request that we delete personal information collected or maintained by us. Note that in some cases data may be exempt from deletion or need to be routed to a business response for your data who transmitted it to us. In such situations, you will be provided with details on the relevant data.

Right to Opt-Out (applicable for California and Nevada residents)
Subject to applicable law, you have the right to opt-out of the sale of your personal information. By exercising this right, your information will not be sold for at least 12 months, after which time we may reach out to you to authorize the sale or sharing of your information for certain purposes.

Australian residents additionally have the right to complaint about a perceived breach of the Australian Privacy Principles, or a registered APP code (if any) that you believe NexTraq must abide by, and to request information about how NexTraq will deal with such a complaint. You may submit a complaint to our Privacy Officer through the webform below and any such complaint will be investigated and addressed by our Privacy Officer and Legal department.

To exercise any of the above rights available to you under applicable law, please submit your request through our webform.

In the event that you exercise any of the above rights, we will never treat you in a discriminatory fashion because of your request, and we will not discriminate against any consumer because such person exercised any of the rights provided under CCPA or other data privacy laws.

If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

In the last 12 months, we have collected, used, and shared the following categories of personal information from individuals from the following sources:

 

Type of Information Categories of Sources Business or commercial purposes Third parties with whom disclosed or to whom sold
Identifiers such as a real name, postal address, unique personal identifier, email address, account name, driver’s license number, passport number, or other similar identifiers. Provided directly by customers To provide services, complete or perform under contracts and for specified uses requested by an individual Third party advertisers and marketing vendors
Online identifiers, Internet Protocol address, Internet or other electronic network activity information, e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. Website As described above Customers
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Tracking devices and customer agreements To provide services and internal operations Customers
Biometric information. Dashcam To provide services Customers
Geolocation data. Tracking devices To provide services; sales to third parties Customers, third party analytics companies, vendors
Audio, electronic, visual, thermal, olfactory, or similar information. Dashcam To provide services Customers
Professional or employment-related information. Provided by individual Employment-related activities N/A
Inferences drawn from any of the above information used to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Tracking devices To provide services Customers and third party providers

 

11. COMPLIANCE AND COOPERATION WITH REGULATORY. We regularly review our compliance with our Privacy Policy.  When we receive formal written complaints, we will attempt to contact the person who made the complaint to follow up unless the complaint was anonymous.  Subject to applicable law, you also have a right to communicate directly with appropriate regulatory authorities if you believe we are in violation of your rights under applicable law. If you believe we have not followed the legal requirements of your jurisdiction, please contact our Privacy Officer as set forth in the “Contact Us” section below.

 

12. INTERNATIONAL TRANSFERS. Your personal information may be transferred to countries outside of the country in which we collect it.  If we transfer your information to a country outside of the country in which we collect it, we will comply with applicable law, including any requirements related to ensuring that data is transferred with appropriate safeguards, or to a destination that provides a comparable level of safeguards to the country from which it originated.

While this list is not inclusive of all potential destinations, the countries that we reasonably anticipate we may end up transferring data to are the United States of America, Brazil, Canada, Australia, New Zealand, France, and India.

 

13. CHANGES TO PRIVACY POLICY. We reserve the right to change this Privacy Policy from time to time in our sole discretion. If we do make changes to this Privacy Policy, we will notify you to the extent required under applicable law, and we will also indicate the “last modified” date at the top of this page. Please check back often for any updates. Your continued use of our websites or Services after any change in this Privacy Policy is posted or you are notified (if required under applicable law) will constitute your acceptance of such change.

 

14. CONTACT US. For additional inquiries about this Privacy Policy or other privacy related questions, please send us an email at privacy@nextraq.com, or contact us at:

NexTraq LLC
ATTN: Brent Humphries, Corporate Data Privacy Officer
1200 Lake Hearn Drive, Suite 500
Atlanta, GA  30319