Spot Freight, Inc. and its subsidiaries (the “Company”) are committed to maintaining the accuracy, confidentiality and security of the personal data that the Company collects from or about you, whether it is collected via our website (the “Website”), through our software programs or applications (an “App”), or other such means.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
This Policy applies to all information and data collected by the Company from you; provided, that, personal data about employees of the Company or individuals who seek to be or were employed by the Company and obtained in the context of a person’s employment with the Company or in the context of a person’s application to be employed by the Company is governed by the Company’s Employee Handbook.
If you are unsure which of the Company’s privacy policies applies to you, please contact the Company for more information at:
Spot Freight, Inc.
141 S. Meridian St, Suite 200
Indianapolis, IN 46225 or by e-mail to: email@example.com
Collection and Use of Personal Data
By installing the Company’s Apps or using our Website on your computer or mobile device, you hereby consent to the Company’s collection, use, and disclosure of certain information which may, under some jurisdictions, be considered personal data.
The Company’s App is designed to be used and installed on cell phones or other similar devices. The App is designed to collect and transmit to Company the location of the mobile device on which the App is installed. The location data is collected through the device’s GPS system and transmitted to the Company when the App is running and the user is considered to be in the process of transporting goods for a Customer of the Company (a “Customer”).
The location data is composed of the device’s latitude, longitude, altitude, and heading, as well as a measure of the accuracy of that data. In addition to location data, the App also collects some information about the phone for verification and diagnostic purposes. This information may include the phone’s number, the type of phone, including make, model, and OS, the phone’s state and battery, and language and region codes. No identifying information, such as name or email address, is collected by the app.
The location data is used by Company to provide tracking information on the present location of goods being transported from Customers. The location data is not used for any other purpose. You may uninstall the app at any time or disable its access to your mobile device’s GPS, however, this will prevent Customer from being able to accurately track the movement of goods you may be transporting on their behalf.
By submitting personal data to the Company on the Company’s Website, you hereby consent to the Company’s collection, use and disclosure of such personal data.
Subject to your rights, if any, to limit the Company’s use and disclosure of personal data, the Company collects and uses personal data provided by you through this Website for the following purposes:
As you browse our Website, our servers may collect information about your visit. For example, to help us better serve you and improve our site, we may monitor statistics such as how many people visit our website, which pages people visit on our website, and which browsers people use to visit our Website.
The Company may also collect and use personal data that you submit at our Website to communicate with you, better understand your needs, and to provide you with better service. For example, when you visit our websites, or send e-mails to the Company, you are communicating with us electronically and may be submitting personal data to the Company. We may use this personal data to communicate with you either electronically, by e-mail, or using other means.
To help the Company improve your experience on our Website the Company may also track your use of our Website.
If you are asked to give us personal data in connection with a request by you to receive information from the Company, we may use such personal data to process such request for information from the Company.
When the Company collects personal data, the Company uses that for business purposes only. If you voluntarily provide personal data to the Company, the Company may use that information to send you products, information, or services. In order to do this, the Company may when necessary share information with business partners, financial institutions, shipping companies, postal authorities, or government.
The Company also may use and disclose your personal data: (1) to the extent required to respond to a legal or ethical obligation, (2) to the extent necessary to meet national security, public interest or law enforcement obligations, and (3) to the extent expressly permitted by an applicable law, rule or regulation.
You may choose not to provide Company with personal data. However, this choice may prevent Company from providing you with the product, service or information you requested or that could be offered to you. Additionally, the Company collects or may collect personal data to conduct the business of the Company and comply with applicable laws, rules and regulations.
The Company may use your personal data without your knowledge or consent where the Company is permitted or required to do so under applicable law.
Additionally, where the Company is permitted to do so under applicable law, the Company may share your personal data with its subsidiaries, affiliates, employees, contractors, consultants and other parties who assist the Company including, without limitation, parties that provide information technology and data processing services to the Company with respect to the operation of its businesses.
Where the Company is permitted to do so under applicable law, the Company may transfer or provide your personal data to Company subsidiaries, affiliates or third parties both in and outside of the nation where you reside.
Additionally, your personal data may be disclosed as required by applicable law, to comply with a court order, subpoena, warrant or other legal process, or where the personal data is publicly available (unless otherwise restricted by applicable law).
If you consent, your location information may be tracked using an app installed on a mobile device (as described elsewhere in this Policy), an onboard electronic logging device, or through cell tower triangulation.
The Company utilizes the services of project44 for certain of its personal data collection and transmission. Users should further review project44’s policies at the following: https://www.project44.com/policies
You can withdraw your consent at any time, either by indicating you do not consent when asked to reaffirm consent, not responding to a message asking you to reaffirm consent, disabling location tracking services with your mobile device, responding to a message with the word “stop”, or by contacting the Company directly. Withdrawing your consent will result in your location information not being collected or shared with Customer, which will prevent Customer from being able to accurately track the movement of goods you may be transporting on their behalf.
Compliance with Local Laws
This Policy is meant to guide the Company with respect to personal data collected from or about you at this Website. However, the Company has operations in many states and nations which have varied laws, rules and regulations related to the privacy of personal data. It is the Company’s policy to comply with the privacy laws within each jurisdiction in which the Company operates.
While this Policy applies to personal data generally, the local laws, rules and regulations of jurisdictions that are applicable to the Company (“Local Laws”) may require standards which are stricter than this Policy and, in such event, the Company will comply with applicable Local Laws. Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions.
Even after you have consented to the Company’s collection and use of your personal data and submitted personal data to the Company, you may opt-out of having your personal data collected or used by the Company by contacting the Company. Please note that in order to fulfill certain obligations, we may need to continue sending you notices or other important information concerning any orders or services you request.
You may contact the Company at: Spot Freight, Inc.
Additionally, while using the App, You can withdraw your consent at any time, either by indicating you do not consent when asked to reaffirm consent, not responding to a message asking you to reaffirm consent, disabling location tracking services with your mobile device, responding to a message with the word “stop”, or by contacting the Company directly. Withdrawing your consent will result in your location information not being collected or shared with Customer, which will prevent Customer from being able to accurately track the movement of goods you may be transporting on their behalf.
Transfers of Personal Data
The Company may transfer your personal data in connection with an asset sale, acquisition, merger, consolidation, reorganization, divestiture, stock sale, purchase of part or all of the assets of the Company or any of its subsidiaries or affiliates, or other transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate. In such event, your personal data may become the property of the successor and will be subject to the successor’s privacy policies.
The Company will take steps to protect the personal data in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and will take precautions with regard to the nature of the data and the risks of the processing, to preserve the security of the data, to prevent its alteration and damage or access by non-authorized third parties. The Company has put in place procedures and security measures to safeguard and secure the personal data from destruction, loss, alteration, unauthorized access or disclosure, or other forms of unauthorized or unlawful processing commensurate with the risks posed by the particular type of processing, the nature of the personal data and in accordance with applicable law and applicable guidelines, and taking into consideration the cost of implementing such measures.
The Company also limits access to its systems that hold personal data to authorized Company personnel who are provided access through a password protection system. Access to personal data is limited to Company personnel who have a need to know such information for purposes of performing their job functions or as otherwise permitted under this Policy.
The Company cannot guarantee the security of personal data on or transmitted via the Internet.
It is your responsibility to provide the Company with accurate personal data. Except as otherwise set forth in this Policy, the Company shall only use personal data in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. To the extent necessary for these purposes, the Company shall take reasonable steps to ensure that personal data is accurate, complete, current and relevant to its intended use.
Upon request by you, the Company will grant you reasonable access to your personal data. Except where your rights are limited by applicable law (e.g., where necessary to safeguard national security, defense, or public security, for the prevention and detection of crime, or to safeguard an important economic or financial interest of the nation in which you reside, the employee, or the rights and freedoms of others, for the purpose of scientific research or statistical purposes, provided that the data is not used for making decisions that relate to a particular individual), such access will include: (1) confirmation as to whether or not your personal data is being processed and, if so, information as to the purposes of the processing, the categories of personal data processed, and the recipients (or categories of recipients) of the personal data; (2) communication in intelligible form of the personal data undergoing processing and information as to its source; and (3) details of the logic involved in any automatic processing of the personal data. The Company will permit you to correct, amend or delete inaccurate or incomplete personal data, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.
The Company will use a self-assessment approach to verify compliance with this Policy and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.
If you believe that your personal data has been processed or disclosed in violation of this Policy, the Company encourages you to raise any concerns using the contact information provided in this Policy. The Company will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal data.
Indemnification, Disclaimer & Limitation of Liability
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Company’s App or Website, including but not limited loss or misuse of the data you submit or make available.
The Company’s App and Website are provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the App and the Website, including all implied warranties of, merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the App and Website, will meet your requirements, achieve any intended results, be compatible, or will work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
In addition, you hereby agree and acknowledge that: (a) the Company shall not be responsible for any actions taken by any other party using the App or Website or reviewing any of your personal data; (b) the Company does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (c) the Company is not responsible for any other party’s compliance with applicable laws, rules or regulations (including, without limitation, any licensing requirements); (d) the Company is not responsible for verifying the accuracy or veracity of any personal data; and (e) the Company shall not, under any set of circumstances, be responsible or liable for any content, text, photographs and/or other personal data, including any data which may violate applicable law and/or a third party’s intellectual property rights.
The Company shall not be liable in any way for the condition of any product, the performance of any service or any other action taken by any third party. You agree and acknowledge that the Company does not make any representations or warranties regarding the App or Website You agree and acknowledge that certain information posted within the App or Website may be inaccurate. You agree that the Company shall not be liable for any damages or costs of any type arising out of or in any way connected with any relationship initiated or any information learned via the App or Website. In no event shall the Company be liable for any third party materials, database and/or their content, including all implications arising from such error or malfunction related to database.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT FREIGHT, INC., ITS AFFILAITES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS AND SERVICE PROVIDERS SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNATIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APP, WEBSITE OR CONTENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SPOT FREIGHT, INC. TO YOU FOR ANY CLAIM RELATING TO THIS AGREEMENT, THE APP, THE WEBSITE, THE CONTENT, OR OTHERWISE SHALL NOT EXCEED FIFTY DOLLARS ($50).
Changes to this Policy
This Policy may be amended from time to time, consistent with the requirements of applicable law.