Privacy Notice - International (excluding the Americas)
International (excluding the Americas)
Effective Date: May 25, 2018
Amended: May 17, 2019
Omnitracs, LLC and its affiliate, Roadnet Technologies, Inc., (collectively, “Omnitracs”, “we” or” “us”) know that you care about how the personal data we receive about you is used and shared, and we take your privacy seriously. This Privacy Notice describes Omnitracs’ privacy practices in relation to the information that we collect through: a) the websites operated by us such as the www.omnitracs.com website that you are accessing this Privacy Notice and other websites or portals that we operate (collectively, the “Domains”); b) the software applications made available by us for use on or through computers and mobile devices that link to this Privacy Notice (the “Apps”); c) our social media pages located at https://www.facebook.com/Omnitracs, https://twitter.com/OmnitracsHQ, https://plus.google.com/, https://www.linkedin.com/company/omnitracs, and https://www.youtube.com/user/OmnitracsInc (collectively, the “Social Media Pages”), and other services provided by us both online and offline; and d) email messages that we send to you that link to this Privacy Notice (collectively, including the Domains, the Apps and the Social Media Pages, the above shall be referred to herein as the “Sites”). “You” or “user” refers to any individual who visits or otherwise uses the Sites.
This Privacy Notice does not apply to the practices of third parties, applications of third parties, or to individuals that Omnitracs does not employ or manage. Occasionally, we may refer to this Privacy Notice in notices and consent requests related to surveys and special-purpose web pages; under such circumstances, this Privacy Notice applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).
This Privacy Notice supplements the terms of the applicable services agreement with respect to information that we receive or handle on behalf of our customers in our role as a service provider, such as information that we receive through any Apps we make available for use by customers.
1. What Types of Information Does Omnitracs Collect?
Personal Data. “Personal Data” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, job function, expertise, postal address, telephone number, email address, browser and device information (including IP Address), and information collected through cookies and other similar technologies. If you submit any Personal Data relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
Other Information. “Other Information” is any information that does not and cannot be used to reveal your identity or that of another individual, such as information related to the business you represent or information which has been anonymized and aggregated. We use this information to facilitate our operation of the Sites and for other purposes described below.
2. How Does Omnitracs Collect Information?
We and our service providers collect Personal Data and Other Information in a variety of ways, including:
Through the Sites:
We collect information through the Sites, e.g., when you request an evaluation or demo, register as a user, contract for or otherwise use our products or services, respond to an online survey, contact us, participate in our contests, subscribe to our email newsletter, download content (e.g. whitepapers), register to use our Sites, or otherwise actively send us data.
We collect information from you offline, such as when you attend one of our events, during phone calls with sales representatives, or when you contact an Omnitracs support representative.
Omnitracs collects information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Data, this information does not personally identify you or any other user of the Sites. In connection with chargeable services, we may also collect payment information (e.g., credit card number and related verification information). In each such instance, you will know what data we collect through the Site, because you actively submit it.
Information from Other Sources:
In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain information about you from other sources, such as public databases like safer.fmcsa.dot.gov, joint marketing partners, social media platforms, as well as from other third parties.
Through Your Browser or Device:
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, screen resolution, operating system name and version, computer or device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using. Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit, the amount of time you spend viewing the Site, the page(s) that you visited, the number of times you return to the Site and other click-stream data. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Omnitracs uses IP Addresses to calculate usage levels of the Sites, help diagnose problems with its servers, administer the Sites, and for monitoring the regions from which you navigate to Omnitracs’ Sites.
Through Your Use of the Apps:
When you download or use an App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers, what information has been transmitted to and from the App, and mobile phone number associated with the device (when applicable).
Through Cookies and Other Similar Technologies:
“Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with the Sites. When you visit our Sites, we may send one or more cookies, pixel tags, web beacons, or similar technologies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Sites and enhance the level of services and functions provided.
Provide you with customized content or offers on the Sites;
Monitor Site usage;
Remember when you return to the Sites; and
Conduct research to improve our content and services.
We may also allow other companies such as web analytics partners, advertisers, or ad networks to set or access their cookies or web beacons (also referred to as 1x1 pixel.gifs or action tags) on the Site. For example, we may use third-party advertising companies to serve ads on our behalf across the Internet or to display ads for other companies on our Site. These third-party advertising companies employ cookies and web beacons to measure and improve the effectiveness of ads for their clients, including us. To do so, these companies may use information about your visits to our Site and other websites. This information may include: date/time of banner ad shown, their cookie and the first three octets of the IP address. These third parties may use information about your visits to this and other websites in order to provide ads about goods and services of interest to you.
You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences.
3. Collection Purposes, Use Personal Data.
We use Personal Data:
To compile aggregated statistics about Site usage and understand the preferences of our Site visitors.
To administer, protect and improve our Site and our systems and identify serve problems.
To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
To provide you with marketing information or other information about our technologies, product or service releases, news, and other communications, including information regarding the Sites and changes to our terms, conditions, and policies.
To personalize your experience on the Sites.
To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Data, so we suggest that you read these rules carefully.
For our internal business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, improving our products and services, enhancing, administering, protecting, improving or modifying our Sites, systems, and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
Where you have granted us permission.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions;
(e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Any other use we provide you notice of at the point where we collect your Personal Data.
Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. We may collect and use your Personal Data where the processing is in our legitimate business interests, such as for direct marketing and sales of Omnitracs’ fleet management and Apps to prospective Business-to-Business (B2B) customers. Our legal basis for processing Personal Data in certain circumstances will also be based on your consent to do so or contractual necessity where we need the Personal Data to perform a contract with you. In some cases, we may also have a legal obligation to collect Personal Data from you.
If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time.
4. How Will Omnitracs Share Personal Data It Receives?
Subsidiaries and Affiliates:
We disclose Personal Data to our subsidiaries and affiliates for the purposes described in this Privacy Notice. Omnitracs, LLC is the party responsible for the management of the jointly-used Personal Data.
Third-Party Business Partners:
Omnitracs partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Sites. We may disclose Personal Data to our partners for the purposes described above. Some of our third-party business partners co-sponsor events and other offerings with Omnitracs. We may share Personal Data with these third-party business partners when you sign up for events or offerings to allow our partners to send you marketing communications or other information that may be of interest to you, as permitted under applicable law.
Agents and Service Providers:
We contract with other companies and people to perform tasks on our behalf and share your Personal Data with some of them to provide products or services to you, or to otherwise communicate with you. Examples include, analyzing data, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We also provide your Personal Data to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Data.
Omnitracs Blog and Social Media Pages:
Personal Data may also be disclosed by you through the Sites, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Omnitracs Blog, at https://www.omnitracs.com/company/blog and the Social Media Pages). This information can appear in public ways, such as through search engines or other publicly available platforms, and can be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
Interactive Features and Forums:
The Sites may provide interactive features (such as forums) that allow you to disclose information directly to other users. Your participation in such interactive features is completely voluntary and Omnitracs assumes no obligations or responsibility with respect to the information you provide or share through such interactive features. To participate in these interactive features, we may require you to register with us and provide certain information such as your name, company name, email address, location, phone number, and desired display name (which may be viewable by other users of the interactive features). We may use the information you provide during the registration process for analytical and development purposes (such as to make product or service enhancements), and to enable you to use the interactive features and to manage your account. You may also personalize our interactive features by voluntarily providing additional information such as your location, instant message contact information, website address, occupation, and other information. Our interactive features may also allow you to upload an avatar or other graphical representation of yourself. If you voluntarily provide such additional information, it may be viewable by other users of the interactive features - so you should not provide information you do not want other users to see.
In some cases, we buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Omnitracs will disclose Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Profiling and Automated Decision-making:
Omnitracs combines data obtained by the methods described in Section 2 to help us determine what products and services might be of interest to you and when you might be ready to make a purchase based on repeated interaction with Omnitracs websites, emails, and content. Omnitracs marketing and sales personnel are involved in this process and no automated decisions are made that would result in legal effects or similarly significantly affect an individual.
Protection of Omnitracs and Others:
We release Personal Data as we believe necessary and appropriate to law enforcement, tax, fraud prevention, credit risk agencies and other companies and organizations for the reasons given under Section 3 above.
5. How Does Omnitracs Use and Disclose Other Information?
We use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Data under applicable law, then we would use or disclose it in the same way that we use and disclose Personal Data. We reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.
In some instances, we may combine Other Information with Personal Data (such as combining your name with the name of your organization). If that combination permits you to be identified, we will treat the combined information as Personal Data for as long as it is combined.
6. How Does Omnitracs Secure Personal Data About Me?
We have implemented appropriate organizational, technical, and administrative measures to protect Personal Data within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Data from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100% secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Data online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below. It is your responsibility to safeguard any password and User ID you use to access the Site. You are solely responsible for any unauthorized use of the Site that is conducted via your password and User ID.
We retain Personal Data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no legal basis or ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
7. How Can I Access, Correct, Amend or Remove Information About Me?
If you are in the Europe Economic Area (“EEA”) would like to access, correct, amend, remove or limit the use or disclosure of any Personal Data about you that has been collected and stored by Omnitracs, or have it transferred to another organization, please notify us at firstname.lastname@example.org so that we may consider and respond to your request in accordance with applicable law. Generally, upon appropriate request, we will be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate. If you would like to object to the processing of your Personal Data for direct marketing purposes, please use the mechanisms outlined in Section 9 (“What Choices Do I Have?”).
For your protection, we only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we need to verify your identity before implementing your request. We will respond to your request within 30 days.
Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.
8. For How Long Will Omnitracs Retain My Personal Data?
We will retain your Personal Data for a period of time consistent with the original purpose of collection, including to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements.
9. What Choices Do I Have?
You can always opt not to disclose information. However, if you elect to do so, we will likely be limited in responding to your inquiry or providing services to you.
You can opt-out of receiving marketing messages from Omnitracs or our affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by sending an email to email@example.com. We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
10. Can Children Use Omnitracs’ Sites?
The Site is intended for adults, the Sites are not intended for minors. Omnitracs does not knowingly or intentionally collect personally identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the Site. If you believe that we have mistakenly or unintentionally collected such information, please notify us at firstname.lastname@example.org so that we can delete the information from our servers.
11. Third Party Sites
The Sites permit you to link to other websites on the Internet through direct links or through applications such as “share” or “like” buttons, and other websites likewise may contain links to the Sites. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Notice. We encourage you to review the privacy notices found on such other websites, services, and applications to understand how your information is collected and used by them.
Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Apple, Facebook, Google, LinkedIn, Microsoft, RIM, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Data you disclose to other organizations through or in connection with the Apps or the Social Media Pages.
12. Sensitive Information
We ask that you not send us or disclose any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, sexual orientation, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.
13. Changes to this Privacy Notice
We reserve the right to change this Privacy Notice from time to time and in our sole discretion. The “Effective Date” legend at the top of this page indicates when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Sites. When you visit the Site, you are accepting the current version of this Privacy Notice as posted on the Site at that time. We recommend that users revisit this Privacy Notice on occasion to learn of any changes.
14. International Transfer of Data
We keep data in California, Nevada, and other locations across the United States of America, and Omnitracs also has servers, contractors, and employees around the world in various locations, including, without limitation, other parts of the United States of America, Canada, and Mexico. Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers. This transfer of information therefore may be to countries outside of your country of residence, including the United States of America, Canada, and Mexico, which could have different data protection laws than those of your country or the country in which you were located when you initially provided the information.
However, where required, we put in place a solution to ensure that Personal Data transferred outside of the EEA is subject to adequate protection, namely the European Commission Standard Contractual Clauses. Our Standard Contractual Clauses can be provided on request.
15. Questions, Concerns or Complaints
Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information as a data Controller, please contact our data protection office (DPO) by email at email@example.com, or by mail at: 717 North Harwood Street, Suite 1300, Dallas, TX 75201.
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Omnitracs will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
You may have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the EEA are available here.)