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TEN5 PRIVACY POLICY

(Last updated: July 18, 2022)

 

Ten5 Inc. (the “Company”), through the website www.ten5connect.com and its downloadable mobile application, (collectively, the “Site”) provides communications services between truck drivers and driver managers.

 

In providing the Services, protecting your private information is important to us. This Privacy Policy governs our data collection and usage in connection with the Services. By using the Services, you consent to the data practices described in this policy as well as our Terms of Use, which are incorporated by reference herein. If you do not agree to any part of this Privacy Policy, then you should stop accessing or using the Services.  

 

The terms “we,” “us,” “Ten5”, and “our” refer to the Company. The terms “you,” “your,” “yours,” “Customer,” or “User” refer to the customer and/or user of the Services.

 

1. “PERSONALLY IDENTIFIABLE INFORMATION”.

 

Under this policy, “Personally Identifiable Information” (“PII”) means any information which may be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, and phone number. Except as described in this Policy, the Company will not give, sell, rent, or loan any PII to any third party. PII does not include “Usage Data” which the Company defines as encoded or anonymized information or aggregated data we collect about a group or category of services, features, or users, which does not contain any PII. Usage Data helps the Company understand trends in usage of the Services so that we can better consider new features or otherwise tailor the Services. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including the Company’s partners, vendors, and service providers for various purposes, including to help the Company better understand its customers’ needs and to improve the Services as well as for marketing and advertising purposes.

 

2. COLLECTION OF INFORMATION.

 

At the time that you create an account, you may provide us with certain PII, including, but not limited to, your complete name, e-mail address, company name, title, and telephone number and that of certain third-party individuals such as other authorized users.

 

In addition, to purchase a subscription of the Software on the Site, you may have to provide your billing address, shipping address and credit card information for processing by a third party vendor of the Company’s choosing. If you give us Payment information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf. The Company will use commercially reasonable efforts to ensure the security of all such PII. However, the Company expressly disclaims any liability for any unauthorized access or to use of the Company’s secure servers and/or any and all personal and /or financial information stored therein, and you agree to hold the Company harmless for any damages that may result from any such breach or unauthorized access.

 

In addition, any PII received in communication or in any material that you transmit to the Site by electronic mail, via online forms or through its Software will be treated in accordance with this Privacy Policy.

 

If you wish to correct, delete or deactivate your account, this may be done through the “Sign In” and subsequent “My Account” page on the Site; however, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

 

3. USE OF INFORMATION.

 

The Company uses PII for several general purposes:

  • to provide you with the Services, service information, and news;

  • to support the Services;

  • to contact you for feedback about the Services;

  • to conduct research about our customer base and Services;

  • to fulfill your purchase requests;

  • to process your payments, including to conduct credit checks and collection;

  • to notify you of technical updates or changes in policies;

  • to contact you to remind you to complete any unfinished or abandoned account that you had started.

  • to improve your browsing experience by personalizing the Site/Services and to improve our Services;

4. INFORMATION SHARING AND DISCLOSURE.

 

We may disclose your PII to third parties in the following circumstances: (i) if we believe in good faith that is required to do so by law, in connection with litigation, to prevent a crime, or to protect personal property, the public, or the Site; (ii) in connection with a sale or merger with another entity, consolidation, restructuring, sale of Company assets, financing or other corporate change, including during the course of any due diligence process or if we ever file for bankruptcy or related proceedings; or (iii) with your consent to share the information.

 

5. SESSION DATA.

 

We may keep track of the pages our Customers visit within the Site in order to determine customer preferences. This data is used to deliver customized content and advertising within the Site to Users.  We may use tracking pixels to collect information that helps us provide our Services to you. Please note that any "do not track" signals sent by your web browser or other mechanism have no effect on the collection of PII by the Company. In addition, other parties who may perform data analytics for the Company, such as Google Analytics, Microsoft Azure, Crazy Egg, LinkedIn, Twitter, Vimeo and HubSpot, may collect PII about your online activities when you use our Services. The Company’s third-party affiliates may have different policies with respect to "do not track" signals and we make no representations with respect to such policies.

 

6. LOCATION DATA.

 

We may use location data to help you navigate and interact with our application. Location data is collected using various technologies such as the location services of your operating system or browser, sensor data from your device, and other data that may help us understand your precise location. You can control the collection of location data at any time through your device settings. While the exact settings may differ depending on your device, typically, you will be given options that range from never sharing, to being asked to share each time you open an app, to only sharing while using an app, to always sharing. When location data settings are set to “always” (i.e., persistent background location is turned “on”), your device’s location data will be shared with us even if you are not actively using our apps.

7. COOKIES.

 

Our Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register an account, a cookie helps us recall your specific information on subsequent visits when you will need to add another authorized user on the account. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided may be retrieved, so you may easily use the features that you customized.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you may be able to modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.

 

Our Website include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

 

If you may not wish to be tracked by Ten5, you may choose to follow the steps below to opt out of tracking.

 

You will need to do this for each browser you use.

 

Chrome

Click the menu button.

Choose ‘Settings’.

Type "Do not track" into the search field and press enter.

Ensure that the option labeled Send a "Do Not Track" request with your browsing traffic is checked.

 

Firefox

Click the menu button.

Choose ‘Preferences’.

Click ‘Privacy’.

Ensure the option labeled ‘Request that sites not track you’ is checked.

 

Edge

Click the ••• menu.

Choose ‘Settings’.

Under ‘Advanced settings’, click ‘View advanced settings’.

Under ‘Privacy and services’, ensure that the option labeled ‘Send Do Not Track requests’ is on.

 

Safari

From the Safari menu, choose Preferences.

Click the Privacy tab.

Ensure that the option labeled Ask websites not to track me is checked.

 

Opera On Windows, choose ‘Preferences’ from the Settings menu.

On Mac, choose ‘Preferences’ from the Opera menu.

Type do not track into the search field and press enter.

Ensure the option labeled Send a 'Do Not Track' request with your browsing traffic is checked.

 

8. LOG FILES.

 

Like most standard web site servers we use log files. This includes internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to Personally Identifiable Information, except to prevent fraud or abuse of the system.

 

9. SECURITY.

 

The Company maintains physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted by the Customers. The Company secures your personal information from unauthorized access, use or disclosure. In addition, the Company secures your PII on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

 

However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we endeavor to protect information transmitted in connection with our Services, we cannot and do not guarantee the security of any information you transmit, and you do so at your own risk.

 

10. PROCESSING IN THE UNITED STATES AND OTHER LOCATIONS.

 

Please be aware that your PII and communications may be transferred to and maintained on servers or databases located outside the United States, in jurisdictions the laws of which may not be as protective of your privacy as those the United States. Nonetheless, by using the Site or Services, you agree that the collection, use, transfer, and disclosure of your PII and communications will be governed by the applicable laws in the United States.

 

11. CHILDREN.

 

Our Services are not intended for use by children under the age of 13. We do not knowingly collect PII from children under 13. Any person who provides PII to the Company, represents that he or she is 13 years of age or older. If we learn that a child under 13 has submitted PII, we will make every reasonable effort to promptly delete that information. If you become aware that a child has provided us with PII, please contact us as set forth in this Privacy Policy.

 

Notwithstanding any of the statements set forth in this Section 11, above, as set forth in the Terms of Use, the availability of the Site and the products and services that we provide are limited to customers who are at least 18 years old.

 

12. YOUR PRIVACY RIGHTS UNDER CALIFORNIA LAW.

 

Under California Civil Code Sections 1798.83 (see link), California residents are entitled to ask us for a notice identifying the categories of PII which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are California resident and would like a copy of this notice, please submit an e-mail request to:info@ten5.app or via mail at the address provided in Section 15, below.

13. YOUR CONSENT TO THIS PRIVACY POLICY.

 

By creating an account, you agree to this Privacy Policy. We may occasionally update this Privacy Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we change the Privacy Policy, we will post those changes on www.ten5.app. If we decide to use PII in a manner different from that stated at the time it was collected, we will notify Customers through one or more of the following means: via email (if an email address has been provided to the Company), a direct communication to your Ten5 account (requiring you to sign in to view), or a prominent announcement on www.ten5.app. We encourage you to periodically review this Privacy Policy to stay informed about how we are striving to protect the PIII that we collect. Your continued use of the Services constitutes your agreement to this Privacy Policy and any updates, and you do so at your own risk.

 

14. CONTACTING THE COMPANY.

 

If you have any questions, comments, or concerns about this Privacy Policy, please contact us at:

Ten5, Inc.

5504 Commercial Ave, Suite 114

Raleigh, NC 27612

info@ten5.app

Privacy Policy
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