I. INTRODUCTION

This Privacy Policy (the “Policy”) represents the policy of TruckBook Inc. (the “Company”) regarding the collection, use, and management of personal data belonging to:

• All visitors (“Site Visitors”) to the Company’s website located at truckbook.com (the “Site”);
• All individuals who provide or submit applications transportation individually or through partner transportation companies (“Drivers”);
• Anyone who downloads and uses (“Platform Visitors”) the Company’s web or app-based software platform (the “Platform”);
• Anyone who enrolls for the Services of the Company (“Clients”).

Site Visitors, Drivers, Platform Visitors, and Clients are referred to collectively as “Users”.

In order to ensure the free, informed, and unambiguous consent of our Users to the collection and use of personal data, the Company requires all Users to read this Policy and accept the terms and conditions contained herein, together with consent to release personal data subject to such terms and conditions.

Capitalized terms used but not otherwise defined shall have the respective meanings ascribed thereto in the Company’s User Agreement of Service located at privacy-policy (the “User Agreement”).

II. OVERVIEW

This Policy addresses the following topics:

• What data do we collect?
• How do we collect your data?
• How will we use your data?
• How do we store your data?
• Data retention and deletion
• Data usage and processing
• Data sharing and disclosure
• Marketing
• What are your data protection rights?
• What are cookies?
• How do we use cookies?
• What types of cookies do we use?
• How to manage your cookies
• Privacy policies of other websites
• Changes to our privacy policy
• How to contact us
• How to contact the appropriate authorities

III. WHAT DATA DO WE COLLECT?

The Company collects the following data on all Users:

• Personal identification information, such as name, email, address, and phone number
• Information on your browser, IP address, location, and device
• Information on your behavior on our website, including pages viewed, links clicked, and actions taken
• Demographic information
• Transaction information, including information related to the use of the Services, types of Services requested, dates and times of such requests, payment methods, and other similar information
• Location data, including User location, travel routes, and searches
• Communications data, including messages, comments, or file transmissions
• Photographs and Documents such as certificates of insurance, MC/DOT authority certificate, SHA, voided check, W9 form and other legal documents

IV. HOW DO WE COLLECT YOUR DATA?

Users directly provide data to the Company. The Company collects data and processes data when Users:

• Register online or place an order for any of our products or Services
• Voluntarily complete a customer survey or provide feedback on any of our message boards or via email
• Use or view the Site via your browser’s cookies
• Download or use the Platform
• Submit content to the Site, like reviews, messages, or comments
• Enable access to their device’s location-tracking functionality, whether the Site or Platform is running in the foreground (Platform or Site open and on-screen) or background (Platform or Site open but not on-screen). Certain functionality may be affected while location data is turned off

Clients expressly and directly provide personal data, including payment information, to the Company via the Site when enrolling for the Services.

V. HOW WILL WE USE YOUR DATA

The Company collects data from Users in order to:

• To enhance the safety and security of our Users and Services
• For customer support
• For research and development
• To enable communications between users
• To send marketing and non-marketing communications to users
• In connection with legal proceedings

The Company does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

The Company provides software services related to design, engineering and construction. The Company may collect data from its Clients in order to perform such services (the “Services”).

Clients consent to the release of this information and data to the Company for the purpose of the performance of the Company’s Services for the Client’s benefit. This release of information and the relationship between the Company and its Clients is subject to the User Agreement.

VI. HOW DO WE STORE YOUR DATA?

The Company securely stores Client data on servers leased from the hosting service Amazon Web Services. Data is retained in accordance with the Company’s User Agreement.

VII. DATA RETENTION AND DELETION

The Company retains user profile, transaction, and other information for as long as a user maintains their account.

Users may request deletion of their account at any time through the Settings > Privacy menus in the Platform, or through the Company’s Help Center. Following such requests, the Company deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. For example, The Company retains location, device, and usage data for these purposes for a minimum of 7 years; while it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, The Company may be unable to delete a user’s account, such as if there’s an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, The Company will delete the account as described above.

The Company may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if The Company deactivates a user’s account because of unsafe behavior or security incidents, The Company may retain certain information about that account to prevent that user from opening a new account in the future.

VIII. DATA USAGE AND PROCESSING

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our Users are located, but generally include processing personal data:

1. To provide requested Services and features

In order to provide our Services, we must collect and use certain personal data. This includes:

• User profile data, which we use to establish and maintain User accounts; verify User identity; communicate with Users about their orders and accounts; and enable Users to make or receive payments (as and if applicable)
• Driver and delivery partner location data, which we use to track trips and assist with navigation
• Usage data, which is necessary to maintain, optimize, and enhance the Company’s Services, including to determine incentives, connect riders and drivers, and calculate costs of trips and driver earnings
• Transaction information
• Information relating to customer support

2. For purposes of the legitimate interests of the Company or other parties

This includes using personal data to maintain and enhance our Users’ safety and security. For example, we use personal data to prevent use of our Services by Users who have engaged in inappropriate or dangerous behaviour, such as by retaining data of banned Users to prevent their use of the Platform.

This also includes purposes such as combating fraud; improving our Services, direct marketing, research, and development; and enforcing the Company’s Terms of Service.

In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

3. To fulfil the Company’s legal obligations

We collect and use personal data to comply with applicable laws. The Company may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.

4. With consent

The Company may collect and use personal data based on the User’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.

A User who has provided consent to a collection or use of their personal data can revoke it at any time. However, the User will not be able to use any Service or feature that requires collection or use of that personal data.

IX. DATA SHARING AND DISCLOSURE 

Some of the Company’s products, Services, and features require that we share data with other Users or at a User’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes. 

The Company may share the data we collect:

1. With Other Users

This includes sharing User’s personally identifying information shared on the Platform, including to such User’s Profile on the Platform

2. At the User’s request

This includes sharing data with:

• Other people at the User’s request. For example, we will share a User’s data with a potential employer in connection with a job listing.
• Company business partners. For example, if a User requests a service through a partnership or promotional offering made by a third party, the Company may share certain data with those third parties. This may include, for example, other services, platforms, apps or websites that integrate with our APIs.

3. With the general public

Questions or comments from Users submitted through public forums such as the Company blogs and the Company social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a User.

4. With the User account owner

If a User requests transportation or places an order using an account owned by another party, we may share their order or trip information, including real-time location data, with the owner of that account.

5. With the Company subsidiaries and affiliates

We share data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. For example, the Company processes and stores data in the United States on behalf of its international subsidiaries and affiliates.

6. With the Company service providers and business partners

The Company provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:

• Payment processors and facilitators
• Background check and identity verification providers (as applicable)
• Cloud storage providers
• Marketing partners and marketing platform providers, including social media advertising services
• Data analytics providers
• Research partners, including those performing surveys or research projects in partnership with the Company or on the Company’s behalf
• Vendors that assist the Company to enhance the safety and security of its apps
• Consultants, lawyers, accountants, and other professional service providers
• Insurance and financing partners
• Vehicle solution vendors or third-party vehicle suppliers

7. For legal reasons or in the event of a dispute

The Company may share Users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our User Agreement or other policies; to protect the Company’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including trip or order information, with the owner of that credit card.

This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

8. With consent

The Company may share a User’s personal data other than as described in this notice if we notify the User and they consent to the sharing.

X. MARKETING

The Company may send its Users information about products and services of the Company, always with the consent of the User. Clients consent to marketing and promotional communication when they enroll for the Services pursuant to the User Agreement.

If you have agreed to receive such marketing materials, you may always opt out at a later date.  You have the right at any time to stop the Company from contacting you for marketing purposes.

XI. WHAT ARE YOUR DATA PROTECTION RIGHTS?

The Company is committed to making you fully aware of all of your data protection rights. Every User is entitled to the following:

The right to access – You have the right to request from the Company copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that the Company correct any information you believe is inaccurate. You also have the right to request the Company to complete information you believe is incomplete.

The right to erasure – You have the right to request that the Company erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that the Company restrict the processing of your personal data, under certain conditions. 

The right to object to processing – You have the right to object to the Company’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that the Company transfer the data collected to another organization, or directly to you, under certain conditions.

Clients who voluntarily provide their personal data in order for the Company to provide Services do so pursuant to the Company’s User Agreement. The retention, return, transfer, and destruction of personal data provided for such purposes is subject to the terms of such User Agreement.

If you make a request, the Company has one month to respond to you. If you would like to exercise any of these rights, please contact us at:

Email: support@truckbook.us

XII. WHAT ARE COOKIES?

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit the Site, we may collect information from you automatically through cookies or similar technology.

For further information, visit allaboutcookies.org.

XIII. HOW DO WE USE COOKIES?

The Company uses cookies and similar technologies for purposes such as:

• Authenticating Users
• Remembering User preferences and settings
• Determining the popularity of content
• Delivering and measuring the effectiveness of advertising campaigns
• Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those.

XIV. HOW TO MANAGE YOUR COOKIES

You can set your browser not to accept cookies, and you can remove cookies from your browser. However, in a few cases, some of the Site features may not function as a result.

XV. PRIVACY POLICIES OF OTHER WEBSITES

The Company’s website contains links to other websites. This Policy applies only to the Site. If you navigate to any other website from a link on the Site, you should review the privacy policy of such website.

XVI. CHANGES TO OUR PRIVACY POLICY

The Company keeps this Policy under regular review and places any updates on its website. This Policy was last updated on [DATE].

XVII. HOW TO CONTACT US

If you have any questions about this Policy, the data we hold from you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us:

Email: support@truckbook.us

XVIII. HOW TO CONTACT THE APPROPRIATE AUTHORITIES

Should you wish to report a complaint or if you feel that the Company has not addressed your concern in a satisfactory manner, you may contact your local Data Protection Authority.

Click here for a list of jurisdictions, together with their respective Data Protection Authority and related contact information.