FourKites Privacy & Cookie Policies

Available in: French, PortugueseSpanish, Turkish

Last Modified: November 4, 2020

  • To support FourKites’ expansion into Canada and certain countries in Asia Pacific, this policy has been updated to include a description of additional rights granted under applicable data protection laws.To add information about personal information we collect in connection with CarrierLink.
  • To better clarify the legal basis for processing and transfer of personal information.
  • To identify our EU Representative.

Introduction

At FourKites, Inc. (“FourKites“, “we“, “us“, or “our“), your privacy is of great importance. This FourKites Privacy Policy (“Privacy Policy“) describes our privacy practices. 

Please read this Privacy Policy carefully to learn about information that we collect that personally identifies you (“personal information“) and how we use, protect and disclose your personal information when you interact with:

This Privacy Policy applies to personal information in situations where we decide how and why your personal information is to be processed (or to use the European, Swiss and Brazil terminology, where we act as a data controller). It does not apply where we are acting merely as a service provider to another organization who decides how and why we process your personal information (or to use the European, Swiss and Brazil terminology, where we act as a data processor).

This Privacy Policy DOES NOT apply to personal information that you provide to, or is collected by, any third party (see Third-Party Information Processing section below). These third parties have their own privacy policies, which we encourage you to read.

Information Collected and Uses 

1. Privacy for Platform Users

This section applies to personal information that we collect and process related to individuals who access the Platform and in the usual course of our business (“Platform Users“). In this section “you” and “your” refers to Platform Users.

The Platform provides real-time visibility and predictive analytics and insights to enable our customers (primarily shippers, third party logistics providers, brokers and carriers) in the shipping industry to plan and track loads over the road, by train, by ocean and by air; manage operations at a shipping or warehouse facility including managing and scheduling appointments and managing gate check-in and check-out, dock scheduling and yard operations; create visualizations and analysis tools to identify trends in the supply chain and at facilities and measure impact in real-time and over time; create a network and allow people to communicate with others participating in the trucking and/or shipping industry; and provide customer support.

Where we provide the Platform, we primarily act as a processor on behalf of our customers, however we do process some of your information for our own purposes. The following information applies only to our role as a data controller.

A. Information we collect about Platform Users

Information you provide directly to us when using the Platform: There are various areas within the Platform where you or other Platform Users may 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 user name, password or other credentials you use to access and use the Platform; and
  • your work title, department information, role and other information related to your work or employer.

Information we collect automatically through the Platform: When you download, access, and/or use the Platform, 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.

  • Usage Details. FourKites may automatically collect certain details of your access to and use of the Platform, 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 Platform (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 Platform 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. We may collect this information as a part of log files as well as through the use of 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.

B. How We Use Platform Users Information 

We use the personal information that we collect about you or that you or other Platform Users provide to us, to: 

  • Provide, operate, optimize, manage, maintain and improve the Platform, including customizing and improving the content, navigation and layout, system administration and ensuring the functionality and security.
  • Respond to, or follow up on, your comments and questions, and otherwise provide customer service or provide you with any other information that you request from us.
  • Notify you when updates are available and of changes to the Platform. 
  • Give you notices about your account or subscriptions, including expiration or renewal notices.
  • Track Platform usage and performance to better serve our customers and improve user experience, including by monitoring usage patterns, storing information about your preferences, allowing us to customize our Platform according to your individual settings and recognize you when you use the Platform.
  • To send you marketing communications about our Services and events, including via email and in-app notifications, in accordance with your marketing preferences.
  • To carry out other legitimate business purposes, as well as other lawful purposes.

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

Some features of the Platform may enable participants in the shipping and/or trucking industry and/or other companies with which we work to communicate and share data, including shippers, carriers, third-party logistic providers, system integrators and device manufacturers. In order for us to make these features available within the Platform, it may be necessary for us to share your personal information with these parties. These parties are not allowed to use personally identifiable information except for the purpose of making such features available through the Platform. There is functionality within the Platform to restrict sharing or disable features of the Platform that automatically collects your personal information (e.g. you may disable location access from your mobile device for the Platform). 

2. Privacy for Visitors

This section applies to personal information that we collect and process about individuals who visit the Website or interact with FourKites online or offline, such as in connection with our recruitment, events, sales and marketing activities (“Visitors“). In this section “you” and “your” refers to Visitors.

A. Information We Collect about Visitors

Information you provide directly to us when using the Website or interact with us online or offline: Certain parts of our Website may ask you to provide personal information voluntarily. For example, we may ask you to provide certain personal information (such as your name, contact details, company name, profile information) in order to find out more about FourKites or the Services, apply for a role with FourKites, or otherwise submit inquiries or make contact with us. We may also collect personal information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you for the purposes outlined below. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

The personal information that you are asked to provide, and the reasons why we want it, will be made clear to you at the point we ask you to provide it. We will also let you know prior to collection whether the provision of the personal information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

Information we collect automatically through the Website: When you visit our Website, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area and in the UK, Switzerland, Canada, and Brazil, this information may be considered personal information under the law.

Specifically, the information we collect automatically may include your IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with our Websites and other websites. We may collect this information as a part of log files as well as through the use of 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.

B. How we use Personal Information about Visitors 

We may use the personal information we collect through our Website for a number of reasons, including:

  • To provide, operate, optimize, manage and maintain the Website, including customizing and improving the content, navigation and layout, system administration and security.
  • To send you information about FourKites and its services/products for marketing purposes, in accordance with your marketing preferences.
  • For recruitment purposes if you have applied for a role with FourKites.
  • To respond to your online inquiries and requests, and to provide you with information and access to resources about the Services that you have requested from us.
  • To identify any server, network or other IT issues.
  • To compile aggregated statistics about usage and to better understand the preferences of our Visitors.
  • To carry out research and development to improve the Website.
  • To carry out other legitimate business purposes, as well as other lawful purposes.

3. Privacy for Partner Hub Users

This section applies to personal information that we collect and process related to individuals who use Partner Hub (“Partner Hub Users“). In this section “you” and “your” refers to Partner Hub Users.

Partner Hub enables users to provide information to enable FourKites to onboard carriers carrying freight for FourKites’ customers licensing the Platform.

A. Information We Collect about Partner Hub Users

Information you provide directly to us when using Partner Hub: When using Partner Hub, we may ask you to provide personal information voluntarily. For example, when you setup Partner Hub, we will ask you for your name, contact and password information in order to facilitate your access to Partner Hub.  The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide it.

Information other Partner Hub Users provide directly to us when using Partner Hub: We may ask other Partner Hub users to provide personal information about you (i.e. as their carrier or telematics provider).  This may include your name and contact information in order to facilitate sending emails to you to invite you to join Partner Hub or onboard you onto the Platform so that freight you carry can be tracked through the Platform.  Where a Partner Hub user provides us with your personal information, we presume that you have authorized such collection.

Information we collect automatically through the Partner Hub: When you visit our Partner Hub, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area and in the UK, Switzerland, Canada, and Brazil, this information may be considered personal information under the law.

Specifically, the information we collect automatically may include your IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with Partner Hub. We may collect this information as a part of log files as well as through the use of 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.

B. How we use your personal information 

We may use the information we collect through our Partner Hub for a range of reasons, including:

  • To contact you about onboarding carriers and your telematics data to the Platform.
  • To provide, operate, optimize, manage, maintain and improve the Platform and Partner Hub, including customizing and improving the content, navigation and layout, system administration and security.
  • To respond to, or follow up on, your comments and questions, and otherwise provide customer service or provide you with any other information that you request from us.
  • To notify you when updates are available and of changes to Partner Hub. 
  • To identify any server, network or other IT issues.
  • To compile aggregated statistics about usage and to better understand the usage and preferences of Partner Hub Users.
  • To carry out research and development to improve the Partner Hub.
  • To carry out other legitimate business purposes, as well as other lawful purposes.

4. Privacy for Community Users

This section applies to personal information that we collect and process related to individuals who use our Community Site (“Community Users“). In this section “you” and “your” refers to Community Users.

The Community Site enables its users to connect with one another and create connection groups and/or to post, submit, publish, display, or transmit to other Community Users or to us comments, content, feedback, or materials. The Community Site also enables its users to take part in online learning modules and earn certifications.

A. Information We Collect about Community Users

Information you provide directly to us when using the Community Site: Certain parts of our Community Site may ask you to provide personal information voluntarily. For example, we may ask you to provide certain personal information (such as your first name, contact details, company name, profile information) in order to access the Community Site, take part in our learning modules or otherwise make contact with us. You may choose to provide additional information when you communicate with us or other Community Users, such as feedback. Note, we may keep copies of any such communications for our records, within the bounds of law.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide it.

Information we collect automatically through the Community Site: When you visit our Community Site, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area and in the UK, Switzerland, Canada, and Brazil, this information may be considered personal information under the law.

Specifically, the information we collect automatically may include your IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with our Community Sites and other websites. We may collect this information as a part of log files as well as through the use of 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.

B. How we use your personal information 

We may use the information we collect through our Community Site for a range of reasons, including:

  • To provide, operate, optimize, manage, maintain and improve the Community Site and the learning modules, including customizing and improving the content, navigation and layout, system administration and security.
  • To respond to your online inquiries and requests, and to provide you with information and access to resources about the Services that you have requested from us.
  • To identify any server, network or other IT issues.
  • To compile aggregated statistics about usage and to better understand the preferences of Community Users.
  • To carry out research and development to improve the Community Site.
  • To carry out other legitimate business purposes, as well as other lawful purposes.

5. Privacy for CarrierLink Users

This section applies to personal information that we collect and process related to individuals who use CarrierLink such as drivers and other consumers (“CarrierLink Users“). In this section “you” and “your” refers to CarrierLink Users.

CarrierLink provides you with the ability to provide information about a load assigned to you by a customer of the FourKites platform (an “Assigned Load”) which information is integrated into the Platform to enable our customers to plan and track their freight and communicate with you and others. CarrierLink enables you to:

  • Provide your truck’s location and notes on an Assigned Load; 
  • Send messages directly to the shipper or the receiver’s facility to provide information on status of the Assigned Load; 
  • Check-in and check-out of the shipper or receiver’s facility (including, without limitation, complete and submit forms required by the facility, schedule appointments with the facility and receive instructions as to the dock assigned to you to load or unload the freight); and 
  • Facilitate the signature of various documents for the Assigned Load provided by the shipper and/or receiver such as bill of ladings and proof of delivery (“e-Documents”).  

In addition, CarrierLink also provides you with the ability to (a) to view, rate and review shipping and warehouse facilities; (b) use turn-by-turn navigation; and (c) explore nearby places such as gas stations and truck stops.

A. Information We Collect about CarrierLink Users

Information you provide directly to us when using CarrierLink: When you use CarrierLink, we may ask you to provide personal information voluntarily. For example, when you sign into CarrierLink we will ask you for your name, mobile number and verification code in order to facilitate your access to certain features of CarrierLink. You may also provide us with personal information, such as your name, mobile number and email address to set up a profile, when you rate and review shipping or warehouse facilities and amenities or when you request user support. You may also provide your signature or name when signing e-Documents. The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

Information we collect automatically through CarrierLink: When you use CarrierLink, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area and in the UK, Switzerland, Canada, and Brazil, this information may be considered personal information under the law.

Specifically, the information we collect automatically may include:

  • Device Information: We may collect your IP address, your operating system, your mobile browser ID, your browsing activity, and other information about your mobile phone and connection and how you use CarrierLink. We may collect this information as a part of log files as well as through the use of tracking technologies. Our use of tracking technologies is discussed more below, and in more detail in our Cookie Policy.
  • Usage Details: We may collect certain details about your access to and use of CarrierLink, including traffic data, logs, error and crash reports and other communication data and the resources that you access and use on or through the CarrierLink (such as which features you access) and how you use them (such as session times and navigation journey). In addition, CarrierLink may access metadata and other information associated with other files stored on your device or other systems. 
  • Location Information: If you enable location sharing on your device, FourKites collects real-time information about the location of your device only when CarrierLink is open and running in the foreground or background of your device. This includes your actual location as determined by GPS signals sent by your mobile device or other tracking technologies to determine location, some of which may be made available through third-party licensors. Our use of tracking technologies is discussed more below, and in more detail in our Cookie Policy. FourKites collects your location data in order to track shipments for shippers, brokers and carriers; to provide turn-by-turn navigation; and to help you explore nearby places.

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

B. How we use personal information of CarrierLink Users

We may use the information we collect through CarrierLink for a range of reasons, including:

  • Provide, operate, optimize, manage, maintain and improve the Platform and CarrierLink, including customizing and improving the content, navigation and layout, system administration and ensuring the functionality and security.
  • Collect ratings and reviews of shipping or warehouse facilities and amenities.
  • Respond to, or follow up on, your comments and questions, and otherwise provide customer service or provide you with any other information that you request from us.
  • Notify you when updates are available and of changes to CarrierLink. 
  • Give you notices about your account.
  • Track CarrierLink usage and performance to better serve our customers and improve user experience, including by monitoring usage patterns, storing information about your preferences, allowing us to customize CarrierLink according to your individual settings and recognize you when you use CarrierLink.
  • To carry out other legitimate business purposes, as well as other lawful purposes.

General Information.

A. Third-Party Information Processing

When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • The carrier company for which you work or by which you are engaged.
  • The shipper(s) or brokers of loads you carry.
  • Third-party technology or service providers for carriers, brokers and/or shippers.
  • Third-parties that provide support or services for the Platform and/or Website.
  • Advertisers, ad networks, and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Platform and/or the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Right and Choices section below.

B. Combining your personal information

We may combine personal information with other information we collect or obtain about you (such as information we source from our third-parties) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine personal information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Policy.

C. Who do we share your personal information with?

In addition to the specific purposes set out above, we may disclose personal information that we collect or that you provide:

  • To our subsidiaries and affiliates including FourKites FourKites India Private Limited (India) and FourKites B.V. (the Netherlands).
  • To 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.
  • To 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 Platform users and/or Website visitors is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • To any other third party you authorize us to disclose it to.
  • 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.
  • To enforce our rights arising from any contracts entered into between you or your company and us, including agreements for subscriptions to the Platform, and for billing and collection.
  • For Platform and CarrierLink Users, to shippers, carriers, brokers and other participants in the shipping and/or trucking industry only as necessary to provide the Services, pursuant to agreements with each such licensee.
  • For the Community Site, to other Users of the Community Site.
  • 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.

FourKites may disclose aggregated information without restriction.

D. Location and Retention of Your Personal Information

If you are using our Services 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 team in India. 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.

We hold your personal information only for as long as necessary to fulfil the purposes set out in this Privacy Policy. If you would like more information about specific retention periods you can email us at privacy@fourkites.com.

E. Your Right and Choices

Depending on relevant laws in your country, you may have rights such as rights to request to access, port, object, correct and erase the personal information that we hold about you. In addition to any legal obligations, we strive to provide you with choices regarding the personal information you provide to us, where it makes sense.

You can exercise control over the following uses of your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Platform, Community Site and/or the Website may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the Platform and CarrierLink to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Platform and CarrierLink may then be inaccessible or not function properly.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website
  • Within our Services we provide functionality allowing you to review and update certain aspects your personal information via your account profile page.

1. Your EEA, UK and Swiss Rights

If you are located in the EEA, the UK or Switzerland, you have the following privacy rights:

  • You can access, correct, update or delete your personal information by emailing privacy@fourkites.com. 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 licensing access to the Services.
  • 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 by emailing privacy@fourkites.com.
  • Promotion by the Company. 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 unsubscribe@fourkites.com 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 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. Contact details are available here.

2. Your California Privacy Rights

This Section of our Privacy Policy provides information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”).  California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this document is intended to satisfy that requirement.  

Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.  For the purposes of this Section of our Privacy Policy the personal information we collect is primarily information collected on our Website, on the Community Site, via CarrierLink, and from potential customers, including those who engage in pilot programs that we offer from time-to-time.  

a. Categories of Personal Information that We Collect, Disclose, and Sell 

The categories of personal information about California residents that we collect in connection with potential customers, the Website, the Community Site and Carrier Link is set for in the Section titled Information Collected and Uses, Sections 1-2 and 4-5. We may disclose the personal information we collect as set forth in Section C (Who do we share your personal information with) of the Section titled General Information.

b. California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out.  California residents have the right to opt-out of our sale of their personal information. We do not and will not sell your personal information.  

Right to Opt-In. We do not sell personal information about residents who we know are younger than 16 years old. 

Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. 

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes.

Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.  

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the: 

  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting and selling their personal information;
  • categories of third parties/with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose;
  • categories of personal information collected; and
  • categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Submitting Requests. Requests to exercise the right of deletion, right to a copy, and / or the right to information may be submitted by emailing us at privacy@fourkites.com.  We will respond to verifiable requests received from California consumers as required by law.  Note that we cannot delete your personal information except by also deleting your user account. We may still retain copies of your personal information in cached and archived copies or might have been copied or stored by other users of the Services. Proper access and use of information in connection with the Services is governed by our agreements with the company licensing access to the Services.   

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information.

California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@fourkites.com.

3. Your Australian Law Privacy Rights 

This section applies if your information is collected from within Australia.

Access and correction

You may access the personal information we hold about you, upon making a written request. We will respond to your request within a reasonable period. We may charge you a reasonable fee for processing your request (but not for making the request for access).  We may decline a request for access to personal information in circumstances prescribed by the Privacy Act 1988 (Cth) (Australian Privacy Act), and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date. If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

Complaints and feedback

If you wish to make a complaint about a breach of the Australian Privacy Act, the Australian Privacy Principles or a privacy code that applies to us, please contact us using the details below and we will take reasonable steps to investigate the complaint and respond to you.

If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner.  To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.

If you have any queries or concerns about our privacy policy or the way we handle your personal information, please contact our privacy officer using the Contact Information set out in section XX below.

4. Your New Zealand Law Privacy Rights

This section applies if your information is collected from within New Zealand.

Access and correction

You may access the personal information we hold about you, by making a request.  We will respond to your request within a reasonable period, and in any event within 20 working days.  We may charge you a reasonable fee for processing your request (but not for making the request for access).  We may decline a request for access to personal information in circumstances prescribed by the Privacy Act 1993 (New Zealand Privacy Act), and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately.  We will take reasonable steps to correct the information so that it is accurate, complete and up to date.  If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

Complaints and feedback

If you wish to make a complaint about a breach of the New Zealand Privacy Act, or a privacy code that applies to us, please contact us using the details below and we will take reasonable steps to investigate the complaint and respond to you.

If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Privacy Commissioner.  

If you have any queries or concerns about our privacy policy or the way we handle your personal information, please contact our privacy officer using the Contact Information set out in section XX below.

5. Your Brazilian Law Privacy Rights

This Section of our Privacy Policy provides information for Brazilian data subjects, as required by LGPD when it is in place. 

Brazilian Data Subjects’ Rights

LGPD grants certain rights, especially the ones addressed under its Article 18, with respect to your personal data, as set forth below:

Right of Confirmation and Access. You have the right to obtain confirmation as to whether or not your personal data is being processed and if so, the right to obtain a copy of this data.  

Right to Rectification. You have the right to request the correction of incomplete, inaccurate or out-of-date personal data.

Right to Anonymization, Blocking or Erasure. Under this right, you may request anonymization, blocking or erasure of unnecessary or excessive personal data or personal data processed in non-compliance with the provisions of the LGPD.

Data Portability. Upon express request, you have the right to have your personal data transmitted to another service or product provider, limited to commercial or industrial secrets.

Right to Erasure. Under this right, you may request the erasure of your personal data processed on the basis of consent. This right does not arise to the extent that we use another legal basis for processing your information, such as in case processing is necessary for compliance with a legal or regulatory obligation to which we are subject to.

Right to Withdraw Consent. Under this right, you may withdraw your consent at any time, in case it is the legal basis of processing, through an easy to use and free of charge procedure.

Right to Obtain Information About the Possibility of Denying Consent. You also have the right to be informed about the possibility of denying your consent and the consequences of such denial.

Right to Obtain Information About Shared Data. You have the right to obtain information about the public and private entities with which we have shared data.

Right to Petition. Under this right, you may petition with the Brazilian regulatory authority as well as consumer protection entities regarding the processing of your personal data.

Right to Object. You have the right to object to the processing carried out based on one of the legal basis other than your consent, in case it is noncompliant with the provisions of the LGPD.

Right to Revision of Automated Decision Making. You may request the revision of decisions taken solely on the basis of automated processing of personal data that affects your interests, including decisions intended to define your personal, professional, consumer or credit profile or aspects of your personality, providing clear and adequate information regarding the criteria and procedures used for an automated decision, subject to commercial and industrial secrecy.

6. Your Privacy Rights under Singapore and Hong Kong SAR Data Privacy Laws

This section applies where Singapore and Hong Kong SAR data privacy laws apply to our collection, use, disclosure or other processing of your personal information.

Your rights

You may have certain rights under applicable data privacy laws with respect to your personal information including:

Right of Access. You have the right to access your personal information and (if Singapore’s Personal Data Protection Act 2012 applies) to obtain information about how we have used your personal information in the 12 months prior to your request. We will respond to these requests in accordance with applicable data protection laws.  We may take reasonable steps to verify your identity when you send a request. Where permitted by applicable law, we may charge a reasonable fee for the processing of any data access request.

Right to Correction. You have the right to request the correction of incomplete, inaccurate or out-of-date personal information.

Right to Deletion. You may have the right to request deletion of your personal information in certain circumstances. We will respond to these requests in accordance with applicable data protection laws.  

Right to Withdraw Consent. You may withdraw your consent to the processing of your personal information and/or to direct marketing communications at any time.

Right to Object to Automated Decision Making. You may submit a complaint to any decision that significantly affects you being taken solely by automated decision making. 

Right to De-register an Account: If you are located in Mainland China and you have registered an account with us, you have the right to de-register your account.

7.  Your Canadian Privacy Law Rights

This section applies if your information is collected from within Canada.

Access and correction

You may access the personal information we hold about you, by making a request.  We will respond to your request within a reasonable period, and in any event within 30 days.  We may charge you a reasonable fee for processing your request (but not for making the request for access).  We may decline a request for access to personal information in circumstances prescribed by the Personal Information Protection and Electronic Documents Act (Canada PIPEDA), and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately.  We will take reasonable steps to correct the information so that it is accurate, complete and up to date.  If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.

Complaints and feedback

If you wish to make a complaint about a breach of Canada PIPEDA, please contact us using the details below and we will take reasonable steps to investigate the complaint and respond to you.

If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Privacy Commissioner of Canada.  

If you have any queries or concerns about our privacy policy or the way we handle your personal information, please contact our privacy officer using the Contact Information set out in section XX below.

Complaints and feedback

If you have any queries, concerns or complaints about our privacy policy or the way we handle your personal information, please contact our privacy officer using the Contact Information set out in section J below.

F. Legal Basis for Processing Your Personal Information 

1. EEA, United Kingdom, Switzerland and Brazil

If you are from the European Economic Area, the UK, Switzerland or Brazil, 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 and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services (including the Services); ensuring the security of the Services; and for our marketing activities.

If you are someone who has downloaded CarrierLink (such as a driver), we need your personal information to perform a contract with you (that is providing the CarrierLink App and connected services). Similarly, this will be the case if you have decided to join the Community Site, you will form a contract with us, and we will need your personal information in order to provide the Community Site. 

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.

2. Hong Kong, Japan, Malaysia, Singapore, Taiwan Thailand, The Philippines  

If you are from the Hong Kong, 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. any other Platform User, Partner Hub User), you must give a copy of this Privacy Policy to, and obtain consent from, that individual before giving their personal information to us where consent is required by applicable laws.

3. 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 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. any other Platform User, Partner Hub User), you must give a copy of this Privacy Policy 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).

4. Questions

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at privacy@fourkites.com.

G. International Data Transfers

1. General

If we transfer your personal information outside of the jurisdiction in which you live or work, we do this where we are satisfied that adequate levels of protection are in place to protect the integrity and security of your personal data and/or adequate security measures are adopted, in compliance with applicable data protection laws.

2. EEA, United Kingdom and Switzerland

Please see https://www.fourkites.com/privacy-policy/ for information on FourKites’ approach to international data transfers following the Court of Justice of the European Union’s invalidation of the EU-US Privacy Shield as a lawful transfer mechanism for transfers of EU personal data from the EU to the US. Please be assured, to the extent we have ongoing obligations under our existing Privacy Shield Certification, we will continue to honor them.  

FourKites complies with the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from EU member countries, the United Kingdom and Switzerland to the United States pursuant to Privacy Shield. FourKites has certified to the Department of Commerce that it adheres to the Privacy Shield principles with respect to such data. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit www.privacyshield.gov/list.

FourKites’ responsibility for data it receives pursuant to the Privacy Shield and subsequently transfers to third parties is detailed in the Privacy Shield Principles. FourKites complies with the Privacy Shield Principles for all onward transfers from the EU and Switzerland, including the onward transfer liability provisions. FourKites remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless FourKites proves that it is not responsible for the event giving rise to the damage.

With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, FourKites is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including as required to meet national security or law enforcement requirements.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to privacy@fourkites.com. If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@fourkites.com. In the event that we ever collect, use, or share sensitive data, we will provide appropriate opt-in choice. FourKites commits to responding to complaints about your privacy and our collection and use of your personal information within 30 days of receiving your complaint. Individuals with questions or complaints regarding this Privacy Policy should first submit inquiries via e-mail to privacy@fourkites.com. FourKites has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

Under limited circumstances, binding arbitration may be a dispute resolution mechanism if your complaint is not resolved through these channels. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

3. Brazil

If your personal data is subject to the Brazilian laws, international transfer shall also follow the standard provisions of the LGPD when it is in place, and instructions to be specified, updated, amended, replaced or superseded from time to time by the applicable regulatory authority or, in the lack of instructions from such authority, Company shall follow the standard models adopted by FourKites under GDPR.

4. Hong Kong, Japan, Malaysia, Singapore, Taiwan, Thailand or The Philippines 

If you are from the Hong Kong, Japan, Malaysia, Singapore, Taiwan, Thailand or The Philippines, we collect, use, disclose, transfer overseas 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. any other Platform User, Partner Hub User), you must give a copy of this Privacy Policy to, and obtain consent from, that individual before giving their personal information to us where consent is required by applicable laws.

H. Special Note About Children under the Age of 13

The Platform and the Website are 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 privacy@fourkites.com.

For Brazilian, Hong Kong SAR and Singapore data subjects, The Platform and the Website are not intended for children or adolescent under the age of 18. If you are aware of any collection of Personal Data of minors, or if you have any questions regarding this type of processing, please contact us at privacy@fourkites.com.

I. Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and will provide any other notice required by our legal obligations.

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 privacy policy to check for any changes.

J. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@fourkites.com  

EU Representative 

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

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