1. TYPES OF INFORMATION FMCA COLLECTS - FMCA collects personal information that you provide to FMCA when you register on the Platform, provide FMCA with your USDOT Number, express an interest in obtaining information about FMCA or about FMCA's products and Services, when you participate in activities on the Platform, when you subscribe for our Services, or when you otherwise contact FMCA. The personal and company information that FMCA collects depends on the context of your interactions with FMCA, the Services selected, the selections you make, the options you exercise and the features you use. The personal information FMCA collects may include the following:
All personal, billing, and company information that you provide to FMCA must be true, complete, and accurate, and you must notify FMCA of any changes to such personal and company information. FMCA is not responsible for the consequences of the provision of incorrect, incomplete, or fraudulent information.
2. INFORMATION AUTOMATICALLY COLLECTED - FMCA automatically collects certain information when you visit, use, or navigate the Platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Platform, and other technical information. This information is primarily needed to maintain the security and operation of the Platform and our Services, and for our internal analytics and reporting purposes. The types of information FMCA collects includes:
a. Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use the Platform and which FMCA record in log files. Depending on how you interact with FMCA, this log data may include your IP address, device information, browser type, and settings and information about your activity on the Platform (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports ("crash dumps"), and hardware settings).
b. Device Data. FMCA collects device data such as information about your computer, phone, tablet, or other device you use to access the Platform. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
c. Location Data. FMCA collects location data such as information about your device's location, which can be either precise or imprecise. How much information FMCA collects depends on the type and settings of the device you use to access the Platform. For example, FMCA may use GPS and other technologies to collect geolocation data that tells FMCA your current location (based on your IP address). You can opt out of allowing FMCA to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Platform.
3. PROCESSING OF INFORMATION - FMCA processes your personal information for a variety of reasons, depending on how you interact with the Platform, including:
4. LEGAL BASES ACCORDING TO JURISDICTION - If you are located in Canada, this section applies to you. FMCA may process your information if you have given FMCA specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. In some exceptional cases, FMCA may be legally permitted under applicable law to process your information without your consent, including, for example:
5. SHARING INFORMATION - FMCA may share your personal information in the following situations:
9. PROTECTION OF INFORMATION - FMCA has implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information FMCA processes. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so FMCA cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although FMCA will do our best to protect your personal information, transmission of personal information to and from the Platform is at your own risk. You should only access the Platform within a secure environment.
10. NO COLLECTION OF INFORMATION FROM MINORS - You must be 18 years of age to use the Platform. FMCA does not knowingly solicit data from or market to minors under 18 years of age. By using the Platform, you represent that you are at least 18 years of age. If FMCA learns that personal information from users less than 18 years of age has been collected, FMCA will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data FMCA may have collected from a minor under the age of 18, please notify FMCA at email@example.com or through the LiveChat feature on the Platform.
11. PRIVACY RIGHTS DEPENDING ON REGION - In some regions, you have certain rights under applicable data protection laws. No matter where you live, FMCA is committed to following all applicable data protection laws. If you believe you have additional privacy rights or protections, please contact FMCA by email at firstname.lastname@example.org or via the LiveChat feature on the Platform so that FMCA can comply with all applicable laws. The applicable data protection laws may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting FMCA at email@example.com or through the LiveChat feature on the Platform. FMCA will consider and act upon any request in accordance with applicable data protection laws.
13. CALIFORNIA RESIDENTS - California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits users who are California residents to request and obtain from FMCA, once a year and free of charge, information about categories of personal information (if any) FMCA disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which FMCA shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact FMCA at firstname.lastname@example.org or through the LiveChat feature on the Platform.
FMCA does not permit use by minors, however, under California law, if you are under 18 years of age, reside in California, and have a registered account, you have the right to request removal of unwanted data that you publicly post on the Services. FMCA's Services and the use of the Platform is not intended for minors, and upon learning or notification that a minor has registered an account, FMCA reserves the right to cancel and delete your account. To request removal of such data, please contact FMCA at email@example.com or through the LiveChat feature on the Platform and include the email address associated with the account and a statement that you reside in California. FMCA will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
Upon verification, we will disclose to you:
To exercise these rights, you can contact FMCA or by referring to the contact details at the bottom of this document. If you have a complaint about how FMCA handles your data, FMCA would like to hear from you, please contact FMCA at firstname.lastname@example.org or through the LiveChat feature on the Platform.
14. NEVADA RESIDENTS - Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. FMCA does not engage in such activity; however, if you are a Nevada resident who has placed orders for Service(s) from FMCA, you may submit a request to opt out of any potential future sales under Nevada law by emailing FMCA at email@example.com or through LiveChat on the Platform. Please note FMCA will take the requisite reasonable steps to verify your identity and the authenticity of the request. Once verified, FMCA will maintain your request in the event FMCA's practices change.
15. VIRGINIA RESIDENTS - Virginia CDPA Privacy Notice - Under the Virginia Consumer Data Protection Act (CDPA):
"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.
"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.
"Sale of personal data" means the exchange of personal data for monetary consideration.
If this definition "consumer" applies to you, FMCA must adhere to certain rights and obligations regarding your personal data. The information FMCA collects, use, and disclose about you will vary depending on how you interact with FMCA and our Services. Your rights with respect to your personal data:
Exercise your rights provided under the Virginia CDPA - You can opt out from the selling of your personal data, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings. You may contact FMCA by email at firstname.lastname@example.org or LiveChat on our Platform. If you are using an authorized agent to exercise your rights, FMCA may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Verification process - FMCA may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, FMCA may need to collect additional information to verify your identity before processing your request. Upon receiving your request, FMCA will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. FMCA will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
17. REVIEW, UPDATE, OR DELETE THE DATA FMCA COLLECTS - Based on the applicable laws of your state or country of residence, you may have the right to request access to the personal information FMCA collects from you, change that information, or delete it. To request to review, update, or delete your personal information, please contact FMCA by email at email@example.com or through the LiveChat feature on our Platform.
19. TYPES OF DATA COLLECTED - FMCA may collect information about your interactions with the Platform, such as the pages you visit, the links you click on, and the actions you take while using the Platform. This information may be used to improve the user experience, to analyze how the Platform is being used, and to personalize content and advertisements on the Platform. Additionally, FMCA may use various technologies to collect this information, including cookies and web beacons. A cookie is a small data file that is stored on your device when you visit a website, and a web beacon is a small transparent image file that is used to track your browsing activity. These technologies may be used to track your activities across the Platform and online services, and to store your preferences and other information.
21. STATISTICS - FMCA may share aggregated benchmarking statistics with Customers about drivers in the industry, such as the average number of years that drivers stay in the same position.
22. SERVICE PROVIDERS - FMCA may share your personal information with companies and individuals that provide services on FMCA's behalf or help FMCA operate FMCA's Services, the Platform or FMCA's business. This includes hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection, investigation and prevention services, web and mobile analytics, email and communication distribution and monitoring services, session or activity recording services, call recording, analytics and transcription services, event production and hosting services, remote access services, performance measurement, data optimization and marketing services, support and customer relation management systems, and third-party customer support providers.
23. THIRD PARTY COMPANIES - FMCA may share your personal information with third party advertising companies (including the interest-based advertising purposes described above), lead generation partners, and channel partners, resellers, and distributors that allow FMCA to explore and pursue growth opportunities.
24. PROFESSIONAL ADVISORS - FMCA may share your personal information with professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to FMCA.
25. GOVERNMENT AUTHORITIES - FMCA may share personal information with law enforcement, government authorities, and private parties, as required by law or as FMCA believes, in good faith, to be necessary or appropriate.
26. CORPORATE STATUS CHANGE - In the event of a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, FMCA's company or affiliates (including, in connection with a bankruptcy or similar proceedings), FMCA may share personal information with acquirers and other relevant parties.
27. QUALITY CONTROL AND LIVE ON-SCREEN ASSISTANCE
28. INFORMATION RETENTION POLICY - FMCA may retain your personal data for as required by law or as long as it is reasonably needed in order to maintain and expand FMCA's relationship and provide you with full functionality of FMCA's Sites and Services; in order to comply with FMCA's legal and contractual obligations; or to protect FMCA from any potential disputes (including as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use). To determine the appropriate retention period for personal data, FMCA considers the applicable legal requirements, the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, and the purposes for which FMCA needs to retain it.
29. PROHIBITED USE - The copying or use of information presented on the Platform without FMCA's prior written authorization and permission is expressly prohibited.
30. UNSUBSCRIBE OR OPT-OUT OPTIONS - You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication FMCA sends with your annual renewal information or contact FMCA for instructions via email at firstname.lastname@example.org or LiveChat on the Platform.
31. FMCA's COMMITMENT TO PRIVACY PROTECTION - If you believe that your state or jurisdiction has additional privacy protections or rights available to you, please contact FMCA so that FMCA can address your concerns, FMCA is committed to fully protecting your privacy in accordance with applicable laws and requirements.
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