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FourKites Partner Portal Privacy Notice

Last Modified: January 10, 2022

 

Introduction

At FourKites, Inc. (“FourKites“, “we“, “us“, or “our“), your privacy is of great importance. This FourKites Partner Portal Privacy Notice (“Notice“) describes our privacy practices specifically for this Partner Portal (“Portal”). It describes how and why we are processing personal information.

Please read this Notice carefully to learn about information that we collect that personally identifies you (“personal information” or “personal data”) and how we use, protect and disclose your personal information when you interact with this Portal.

If you are unable to access this Notice due to a disability or any physical or mental impairment, please contact us using the contact details in the following section and we will arrange to supply you with the information you need in an alternative format that you can access.

Controller of the personal information processed

FourKites is the controller of the processing activities described in this Notice. You may contact FourKites with any questions relating to this Notice or this service at [email protected].

Information Collected and Used

a. Information you provide directly to us when using the Portal:

There are various areas within the Portal where you will provide personal information directly to us. This personal information may include:

  • your name, postal address, email address, telephone number, mobile telephone number, or any other identifier by which you may be contacted online or offline;
  • your username, password or other credentials you use to access and use the Portal;
  • your work title, department information, role and other information related to your work or employer;
  • your activity and achievements on the Portal; and
  • Other information you may volunteer to us (e.g., profile photo).

b. Information users provide to us when using the Portal:

Users of the Portal may submit personal information of other parties for the purpose of our marketing activities. Where a user provides us with your personal information, we presume that you have authorized such collection.

c. Information we collect automatically through the Portal: 

When you use the Portal, we may use technology to automatically collect information and data as detailed below. In some countries, including countries in the European Economic Area, the UK and in Switzerland, Australia, Brazil, Canada, and New Zealand, this information may be considered personal information under the law.

We may collect this information as part of log files as well as by using cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Policy.

  • Usage Details. FourKites may automatically collect certain details of your access to and use of the Portal, including location data, traffic data, logs, error and crash reports and other communication data and the resources that you access and use on or through the Portal (such as which features you access) and how you use them (such as session times and navigation journey).
  • Device Information. We may collect information about the device with which you connect to the Portal and internet connection, including the device’s hardware model, operating system version, unique device identifiers, IP address, browser type, mobile network information, and telephone number

Purposes for which the Personal Information is Collected and Used

We use the personal information that we collect about you, directly or indirectly, for the following business and commercial purposes:

  • To operate, support and maintain our Portal, conduct identity verification, authentication and other fraud prevention or detection activities to ensure secured access and use of the Portal.
  • To administer your activity on the Portal and provide credentials.
  • Respond to, or follow up on, your questions or data provided, and otherwise provide you with any other information that you request from us.
  • Give you notices about your account.
  • Track Portal usage and performance to better serve you and improve user experience, including by monitoring usage patterns, storing information about your preferences, allowing us to customize our Portal according to your individual settings and recognize you when you use the Portal.
  • To enforce compliance with our terms of use and other policies in connection with legal claims, compliance, regulatory and investigatory purposes as necessary or to otherwise enforce or protect our rights under applicable law, including, without limitation, FourKites’ intellectual property rights.
  • To perform marketing activities to establish a relationship with a customer and/or maintain as well as extend a relationship with a customer or partner.
  • Where you ask us to send marketing information via a medium where we need your consent. For more information about how to modify your preferences about marketing communications, please see the Section on Individual Privacy Rights below.
  • To carry out other legitimate business purposes, as well as other lawful purposes, such as a request by government or law enforcement authorities conducting an investigation.

In addition, we anonymize and/or aggregate personal information that we collect about you or that you or other Portal users provide to us to prepare reports, studies, analyses; maintain and improve the performance or functionality of the Portal; demonstrate the effectiveness of the Portal, and develop new features, products, and other work product.

Legal Basis for Processing Your Personal Information

a. EEA, United Kingdom, Switzerland and Turkey

If you are from the European Economic Area, the UK, Switzerland or Turkey, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect and use personal information from you where the processing is in our legitimate interests, as described in this Section, and not overridden by applicable law, your data-protection interests or fundamental rights and freedoms.

In some other limited cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal information.

b. Hong Kong, Indonesia, Japan, Malaysia, Singapore, Taiwan Thailand, The Philippines

If you are from Hong Kong, Indonesia, Japan, Malaysia, Singapore, Taiwan Thailand or The Philippines, we collect, use, disclose and otherwise process the personal information described above with your consent where required by applicable law. If you do not wish to provide us with any personal information which is indicated as compulsory, we may not be able to communicate with you or provide certain services or features to you. Further, if you provide us with details of any other individual (e.g., prospects), you must give a copy of this Notice to, and obtain consent from, that individual before giving their personal information to us where consent is required by applicable laws.

c. Canada

If you are from Canada, we collect, use, disclose and otherwise process the personal information described above with prior notice in the applicable situations or as authorized by Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). If you do not wish to provide us with any personal information which is indicated as compulsory, we may not be able to communicate with you or provide certain services or features to you. Further, if you provide us with details of any other individual (e.g., prospects), you must give a copy of this Notice to, (and obtain consent from, that individual if such individual is resident in the Province of Québec) before giving their personal information to us where consent is required by applicable laws (for example, with respect to individuals resident within the Province of Québec).

d. Latin America

If you are from a Latin American country (including without limitation, Argentina, Brazil, Chile, Colombia, Mexico, Panama, Peru, and Uruguay), we collect, use, disclose and otherwise process the personal information described above with your consent where required by applicable law. If you do not wish to provide us with any personal information which is indicated as compulsory, we may not be able to communicate with you or provide certain services or features to you. Further, if you provide us with details of any other individual (e.g., prospects), you must give a copy of this Notice to, and obtain consent from, that individual before giving their personal information to us where consent is required by applicable laws.

Recipients of Personal Information

In addition to and based on the specific purposes set out in this Notice, we may disclose personal information that we collect or that you provide to the following categories of recipients:

  • Subsidiaries and affiliates. We may share your personal information with our subsidiaries and affiliates, including FourKites India Private Limited (India), FourKites B.V. (the Netherlands) and FourKites Singapore Pte. Ltd.
  • Third-party vendors and other service providers. We may share your personal information with our third-party vendors, contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • Business transfers. We may share your personal information with a buyer or other successor in the event of a merger, divestiture, restricting, reorganization, dissolution, or other sale or transfer of some or all of FourKites’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FourKites about Portal users and/or prospects is among the assets transferred.
  • Compliance with laws. We may share your personal information to comply with any court order, law, or legal process, including responding to government or regulatory requests or with law enforcement agencies or for an investigation related to public safety, in any applicable jurisdiction.
  • Legal rights. We may share your personal information to enforce our rights arising from any contracts entered into between you or your company and us, including agreements for subscriptions to the Portal, and for billing and collection, or if we believe disclosure is necessary or appropriate to protect our rights, property, or safety of FourKites, our customers, or others or to enable us to take precautions against liability.
  • To any other third party you authorize us to disclose it to.

FourKites may disclose anonymized information without restriction.

Location and Retention of Your Personal Information

If you are using our Portal from outside the United States, be aware that your information will be transferred to, and maintained on, IT infrastructure located within the United States and further that your information may be accessed within the United States and/or our teams in India and Singapore. The collection, use, retention, and any other processing of your information will be governed by United States law, to the extent applicable, and further by the specific jurisdictions within the United States where that information is stored, unless otherwise specified. Accordingly, your information may be accessible to law enforcement and/or regulatory authorities according to applicable United States law.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Notice. This includes implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, partners, and vendors, which require all parties to protect personal information they process from the EEA in accordance with European Union data protection law.

If you are from a country where consent is required to transfer data overseas, we will only do so in accordance with applicable law. If you do not wish to provide us with any personal information which is indicated as compulsory, we may not be able to communicate with you or provide certain services or features to you. Further, if you provide us with details of any other individual (e.g., prospects), you must give a copy of this Notice to, and obtain consent from, that individual before giving their personal information to us where consent is required by applicable laws.

We hold your personal information only for as long as necessary to fulfil the purposes set out in this Notice If you would like more information about specific retention periods you can email us at [email protected].

Individual Privacy Rights

Based on the law applicable to the use of your personal information, you may have rights in relation to your personal information. Note that we will have to balance your rights and your request to exercise them against our rights and obligations to process your personal information and to protect the rights and freedoms of others. These rights may include depending on your location:

  • You can request access to your personal information
  • You can request us to correct or update your personal information
  • You can request to delete your personal information. Note that we cannot delete your personal information without also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement (including contractual) or cause the information to be incorrect. Proper access and use of information in connection with the Services is governed by our agreements with the company receiving access to the Portal.
  • You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
  • If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out of receiving marketing emails at any time by sending an email to [email protected] or by using the unsubscribe function on the marketing communication.
  • If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful grounds other than consent.
  • You may also have the right to be informed about the possibility of denying your consent and the consequences of such denial.
  • You may have the right to obtain information about the public and private entities with which we have shared data.
  • You may have the right to opt-out of the sale of your personal information. You may also request access to, or for a copy of the personal information we have collected, used, disclosed, and sold about you over the past twelve (12) months.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. In certain jurisdictions you may also request compensation for the damages arising from the unlawful processing of your personal data.

Please note that we will respond to your request in accordance with the applicable data protection laws and regulations. The rights you have may vary depending on the country. This list does not grant you any rights.

In order to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your personal information.

Special Note About Children under the Age of 13 and Minors

The Portal is not intended for children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at [email protected].

For Latin American, Brazilian, Hong Kong SAR and Singapore data subjects, the Portal is not intended for children or adolescents under the age of 18. If you are aware of any collection of personal information of minors, or if you have any questions regarding this type of processing, please contact us at [email protected].

For Indonesia, the Portal is not intended for children under the age of 21. If you are aware of any collection of personal information of minors, or if you have any questions regarding this type of processing, please contact us at [email protected].

Changes to Our Notice

We may update this Notice from time to time. If we make material changes to how we treat personal information, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material changes if and where this is required by applicable law.

You are responsible for ensuring we have an up-to-date active and deliverable email address and/or mobile phone number for you and for periodically visiting this Notice to check for any changes.

Contact Information

To ask questions or comment about this Notice and our privacy practices, contact us at: [email protected].

EU Representative

If you are located in the EEA, you can contact FourKites’ EU Representative, FourKites B.V., at Claude Debussylaan 10, 1082 MD Amsterdam, The Netherlands.