THE INFORMATION WE COLLECT AND ITS USE. When you access this Website, you may provide Loadsmart three types of information, personal, non-personal and Tracking and Mobile Data (together the “Covered Information”).
PERSONAL. “Personal information” is individually identifiable information about you, not otherwise available to the public, such as your name, address, phone number, and email address, that you willingly provide us in order to use or pay for our Services. You may provide us personal information when you visit the Website, register as a User, use certain features of our Website platform such as submitting or posting information, making or accepting bookings, and paying for Services you use, and when you request or use one of our other Services.
We collect personal information from Users only when they voluntarily provide it to us. We collect and process such data in order to provide Users access to our Website, tools, and applications and to our Services. We also do so in order to enhance our Website and our ability to provide efficient Services customized to meet your needs and those of other Users. We use personal information to facilitate providing general accounting, billing, and administrative services to our Users, to monitor your use of our Services, such as the pages you view and things you click on or search for, and to expedite resolving User complaints and disputes, among other purposes permitted by law.
If you elect to provide us personal information, you consent to its transfer and storage on our servers. If you decline to provide us personal information, you may be prevented from participating in and using some or all of our Services. We do not knowingly contact or collect personal information from children under age 13. If you believe we have inadvertently collected such information, please contact us, and we will promptly obtain parental consent or remove the information.
Non-Personal. You also may provide us non-personal identification information when you access our Website. You may, for example, provide us your browser’s name and its characteristics and enable us to identify your Internet service provider, your operating system and IP address, your method of connectivity to the Website, and other similar information.
Tracking and Mobile Data. In order to perform its Services, when you use certain features of Loadsmart’s Service platform, in particular our mobile applications, we may receive, collect, store, and process different types of information about your location and that of your assets (e.g. your trucks or your in-transit goods), including not only general information (e.g., IP address, zip code), but also more specific location-related information and truck diagnosis (e.g., GPS-based functionality on mobile devices used to access the platform or specific features of the platform, including tracking Users’ motor carrier vehicles and shipments transported therein, as well as extracting diagnostic information from trucks and other tracked assets).
If you access the platform through a mobile device and you do not want your device to provide us with location-tracking information, you may disable the GPS or other location-tracking functions on your mobile device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
If one of our tracking devices has been provided to you and installed in your vehicles or provided to your drivers, you expressly consent to the collection, use, processing, disclosure, and retention of all information described herein. If you do not want to provide us with this information, you may uninstall and return such tracking devices to us.
STORING AND TRACKING. As explained above, we may track your precise location and that of your assets. You understand and agree that we and/or our agents or service providers may monitor your activities and locations as described above, including your use of the Loadsmart Platform and its Services. Specifically, you consent to Loadsmart collecting and using the Covered Information about you and your assets to (i) administer the Loadsmart Services, (ii) electronically locate you or, if applicable, your assets equipped with a GPS in conjunction with providing you and your customers Loadsmart Services, (iii) provide information to third-party service providers, wireless carriers, or other persons we engage for the purpose of providing Loadsmart Services, or in response to a subpoena or other legal process, and (iv) use and share your information and statistics in conjunction with providing you Services. In addition, you consent to Loadsmart using Covered Information about you and your assets, including contact information and the types of Loadsmart Services that you use, to (i) enforce the terms of the Loadsmart User Agreement, (ii) prevent fraud, (iii) respond to regulatory and legal requirements and government inquiries, or in litigation or dispute resolution, (iv) share information with Loadsmart affiliates in conjunction with Loadsmart Services, (v) provide you with promotional offers and marketing materials, (vi) administer your account, including for credit and collections purposes, and (vii) disclose such information to your bank or to a third-party collection agency. We may retain your data indefinitely.
YOU ACKNOWLEDGE AND AGREE YOU ARE RESPONSIBLE (1) FOR ADVISING YOUR MOTOR VEHICLE DRIVERS OR, IF APPLICABLE, YOUR CUSTOMERS IF YOUR CUSTOMERS’ ASSETS ARE EQUIPPED WITH GPS UNITS ABOUT HOW LOADSMART MAY COLLECT, USE, AND DISCLOSE INFORMATION ABOUT THEM AND THEIR ASSETS AND (2) FOR OBTAINING WHATEVER CONSENTS AND WAIVERS FROM THIRD PARTIES MAY BE NECESSARY IN ORDER FOR LOADSMART TO COLLECT, USE, AND DISCLOSE SUCH INFORMATION.
Sharing Covered Information with Loadsmart’s Trusted Partners and Vendors. Loadsmart may share your Covered Information with its trusted partners in order to provide you with Services and relevant advertising and offers. We also may allow advertising companies to collect data through our Services.
Loadsmart may share your personal information with other companies it engages, including its vendors and contractors, in order to provide you improved Services. Their use of this information is limited to these purposes and subject to agreements requiring them to keep the information confidential. Loadsmart’s vendors provide assurances they take and will take reasonable steps to safeguard the data they hold on your behalf, although data security cannot be guaranteed.
Analytical companies we use or engage may access or allow us to access aggregated data to help Loadsmart better understand how its Services are used, thus enabling Loadsmart to expand and enhance its Services. These companies use these data solely on our behalf. They do not share data except in aggregated form.
Sharing Covered Information with User’s Clients, Partners, Contractors and Related Third Parties. Loadsmart may share your Covered Information with certain User’s commercial partners (such as warehouses, pick-up and delivery locations, motor carriers, shippers, among others) to improve the User’s experience or to enhance the quality and scope of its Services (e.g. allowing shippers to track their shipments; notifying consignees of arriving loads; allowing shipper and carrier Users to share their Covered Information with third parties, etc.) Loadsmart has no control over when and with whom Carriers, Shippers and their agents share their Covered Information, and, therefore, Loadsmart expressly disclaims any liability to you or any third party.
STEPS TO SECURE COVERED INFORMATION: OUR DISCLAIMER. We take reasonable steps to protect your personal information against unauthorized access or disclosure; however, you understand that privacy cannot be guaranteed on our system, or other systems such as those used in order to provide our Services, because no security or encryption method can be guaranteed to protect information from all hackers or to be devoid of all human action or error. Accordingly, we expressly disclaim liability to you or any third party for any claims, loss, damages, or costs resulting from a lack of privacy.
SPECIAL-SITUATION DISCLOSURES. To operate the Service, we also may make identifiable and anonymous information available to unrelated third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) subject to appropriate confidentiality protections, to any successor or purchaser in a merger, acquisition, liquidation, dissolution, or sale of assets. Your consent will not be required for disclosure in these cases, but Loadsmart will attempt to notify you, to the extent permitted by law to do so.
Our Loadsmart User Agreement May Include Other Important Information. Please read it carefully.