To provide our Services, and to otherwise conduct our business, we rely on information provided by, and collected from, our users. This information consists of the following:
We collect certain information that identifies you as an individual, and any other information that we associate with it (collectively, “Personal Information“). The Personal Information we collect may include the following:
We also collect technical and device-related information through our Platform and third party analytics tools that we use (collectively, “Online Activity Information“). For example, we use your IP address, time and date of your visit, and your interactions within the Platform to monitor customer traffic patterns and site usage to help us improve your user experience and ensure the quality of our service to you. Subject to Section 3.5 (Treatment of Combined Information) below, we will treat Online Activity Information as Anonymous Information unless an applicable law establishes that Online Activity Information constitutes Personal Information.
In connection with your use of the ARRIVEnow Portal, we may collect information related to shipments, including load details, facility information, pricing information, capacity, commitment, and booking details. This information is used for business operations, including to provide the services, operate our Platform, or otherwise improve our business.
We allow you to visit our Site and review other information about our Services without revealing your identity or otherwise providing Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information. As a casual site visitor, you decide whether to provide us with your Personal Information.
In order to access certain information, products, and Services on our Site that are limited to registered users, we may require that you complete a registration process in order to create an account, and to obtain a username and password associated with that account. This process asks for certain Personal Information.
You can contact us with questions, comments, complaints, feedback, requests for information, or other communications. In order to communicate with us, you must provide certain Personal Information. We may use Personal Information and other information submitted to provide you with the information, products, and services that you have requested.
We may offer newsletters and other content about the Platform, our services and products, and other issues that we believe may be of interest to you. We will use your Personal Information to provide you with this content. You can opt-out of receiving this content by following the instructions set out in Section 12 (Unsubscribing to Marketing Communications).
We may give you the ability through the Platform to engage with us and others in public exchanges, and this may include opportunities for you to provide comments, feedback, images and audiovisual files, and other information and materials that you wish to share (collectively, “Submitted Content“). You agree that we may use and adapt your Submitted Content (including, but not limited to, your name, experiences with us, and other provided feedback) for these purposes and without the need for compensation – including disclosing Submitted Content to the public. We are not responsible for Personal Information you decide to include in Submitted Content, and we will not take down, remove, or edit Submitted Content, except as required by applicable law. If your Submitted Content includes Personal Information relating to others, you represent that you have full permission and authority to do so.
Either directly, or through our Service Provider, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Platform is being used and for security and monitoring purposes.
A cookie is a small amount of data that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. For example, we may include cookies on our Website and use them to recognize you when you return to our Platform. You may choose not to accept cookies; however, you may need to enable cookies if you wish to access certain personalized features of our Services.
We may send email messages, which use a “click-through URL” linked to content on our Platform. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Your Choices Regarding Your Personal Information).
We may also use information we collect as we believe to be necessary or appropriate for certain essential purposes, including to: (i) comply with applicable law and legal process; (ii) respond to requests from public and government authorities; (iii) detect, prevent, or investigate potential security incidents or fraud; (iv) provide important safety information; (v) facilitate the functionality of our Platform; (vi) enforce our terms and conditions; (vii) protect our operations or those of our affiliates; (viii) protect our rights, privacy, safety or property, security and/or that of our affiliates, you, or others; and (ix) allow us to pursue available remedies or limit the damages that we may sustain.
We share the information we collect only in the manner set out below.
We engage third parties to perform functions on our behalf, such as maintaining the Platform, collecting information, responding to and sending email or other messages, and other functions useful to our business (collectively, the “Service Providers“). To this end, we may provide our Service Providers with Personal Information, Online Activity Information, and Anonymous Information. The following are examples:
We require our Service Providers to contractually commit to protect the privacy and security of the Personal Information they process on our behalf.
We may disclose your Personal Information and Online Activity Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary to: (i) comply with legal process; (ii) protect and defend our rights and property, including the Platform and associated content; (iii) protect against misuse or unauthorized use of our Platform; (iv) protect the personal safety or property of users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and (v) cooperate with public and government authorities including, where required, authorities outside your jurisdiction. While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, then we will attempt to notify you within a reasonable amount of time unless such notification is not permitted.
If we have not specifically asked for your Personal Information, for example, in a particular portion of an online form, then you should not provide any Personal Information in that portion of the form.
We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).
We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.
If you would like to review, correct, or delete the Personal Information that you have provided to us, then please contact us as provided in Section 18 (Contact Us). Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate you requests, and for other internal business purposes consistent with the terms under which it was collected.
If you no longer wish to receive newsletters, bulletins, or other marketing-related materials from us, you can opt out of this Service by either (i) following the “unsubscribe” instructions located near the bottom of each email message, or (ii) contacting us as provided in Section 18 (Contact Us).
We recognize the sensitivity of your Personal Information and we have put in place security systems designed to prevent unauthorized access to, or disclosure of, Personal Information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personal Information in accordance with applicable law. However, due to the nature of internet communications and information technology, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.
We want your feedback. If you have a suggestions on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 18 (Contact Us). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state’s consumer protection authority.
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