Effective Date: April 1, 2019
2. Information We Collect About You
We need to collect certain information about you in order to provide and improve the Services, to administer and help you manage your use of the Services (including your account, if you are an account holder), and to enable us to help you customize your experience using the Services.
Information that You Provide
We collect information about you that you provide to us when you create an account, sign up to use the Services, undergo account or identity verification, communicate with us, upload content, answer our surveys, or otherwise use the Services or interact with us, including:
- Personally Identifying Information (“PII”). Your name, email address, mailing address, phone number, photograph, birthdate, vehicle registration information, insurance information, driver’s license, commercial driver’s license, or other government-issued identification (and all of the foregoing that you or any End User or Administrator provides with respect to any End Users).
- Financial Information. Payment information, including bank account, credit card numbers, and other publicly available information.
- Non-Identifying Information. Information that you provide to us that cannot be used by itself to identify you or any other individual, including your DOT number, vehicle information, carrier name, and cycle rule.
- Other Information You Provide. Any other information that you provide to us voluntarily, including any survey responses, participation in promotions or contests, or referrals.
You provide personally identifying information to us when you create an account with us or use the Services.
Information We Collect When You Use Our Services
We also collect information about you and the devices you use to access the Services, including:
- Location Information. Information about where you are located, such as by converting a User’s Internet Protocol (IP) address into a rough geolocation or through GPS or wireless network triangulation to derive your precise geolocation. We may also receive information about your location from third parties. We may use location information to provide, price, improve and personalize the Services and to contact you about service offerings that may be of interest to you. You may opt out of such marketing communications by emailing us at firstname.lastname@example.org.
- Device Information. Information about your device, including the hardware model, operating system, device identifier, mobile network information, and information about how your device interacts with the Services.
- Use Information. Information about how you use the Services (we refer to this information as “Log Data“). Log Data may include information such as a User’s IP address, browser type, operating system, the web page that a User was visiting before accessing the Services, the pages or features of the Services with which a User engaged and the time spent on those pages or features, the links within the Services that a User clicked on, driving logs entered into the Services, documents uploaded to the Services, messages exchanged on the Services, and other statistics.
- End User Information. Information you provide about End Users authorized to use the Services under your account. This may include information about your employees or independent consultants.
- Call and SMS Data. Call data, including the date and time of the call or SMS message, phone numbers, and the content of any SMS messages.
- Other Information. Any other information you upload to, or that is derived from, your use of the Services, including, without limitation, photos (such as of bills of ladings), transaction information, distance traveled, and other related transaction details.
We collect other information about you when you use our Services, such as your location, device information, as well as information about how you use the Services.
Information We Collect About You Using Cookies
We also collect information about you and the devices you use to access the Services through the use of “cookies,” which are small text files that are saved by your browser when you access the Services, including our Site. We may use both session cookies and persistent cookies; unlike persistent cookies, session cookies are deleted when you log off from the Services and/or Site and close your browser. Although most browsers are set by default to automatically accept cookies, you can adjust your browser settings to either stop accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies you may not be able to access and use certain features of the Services and the Site.
We may use the information derived from the cookies placed on your device for any of the following purposes:
- To identify that you’ve logged in to the Services or visited our Site and to remember that you have visited us or used the Services before.
- To tell us how and when you interact with the Services and the Site.
- To monitor aggregate usage and web traffic routing on the Services and the Site.
- To collect data in order to provide and improve our advertising campaigns, including by sending information to our third-party partners.
- To customize and improve the Services and the Site.
We collect information about you and your use of the Services through cookies and similar tracking technologies.
Our Site and some third-party sites and HTML-formatted emails use web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email. A web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the Web beacon is placed. You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. If you choose to receive marketing emails or newsletters from OPL, we may automatically collect personal information about you. For example, through web beacons and personalized URLs embedded in these emails or newsletters, OPL can track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages.
Our Site and emails may contain web beacons in order to help us better manage content on our Site.
Information from Third Parties
Third parties may provide us with PII and other information about you that they have collected about you from you or from further online and offline sources. For example, we may receive marketing data from our partners and third-parties that is combined with information we already have about you, to provide you with more relevant communications and better tailored offers. Or, we may receive information about you from other Carriers, Shippers, or Users, including information about your location or driver rating or similar ratings. If you also interact with any products or services offered by our corporate affiliates, we may combine or associate that information with information that we have collected from you in your capacity as a User of the Services. We are not liable for any processing of your PII and other information by such third parties prior to, during or after them providing it to us. We may combine such PII and other information with the information we already have about you to provide you with a better experience, evaluate your interest in our products, or improve the quality of our products and services.
We may also obtain personal information about you from third parties.
Information from Children
You must be 18 years or older to use our Services. Our Services are not directed to, nor intended for use by, children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have inadvertently come into possession of PII relating to a child under 13, we will take steps to delete such information from our files and systems as soon as possible.
We do not collect information from children under 13 years old.
3. How We Use and Retain Your Information
We use the information about you that you provide (and that we collect from you or your device) for a number of purposes, including the following:
- Account setup, administration and management
- Identity verification
- Compliance with applicable laws and regulations
- Providing, pricing, and improving the Services
- Developing and pricing new products and services
- Communicating with you by phone and email about the Services (including communicating with you about marketing and promotions from OPL, our affiliates, and our partners)
- To learn more about how we use your phone number to communicate with you, please see below.
- To learn more about you can opt out of marketing and promotional communications from us, please see below.
- Tracking the status and location of shipments
- Sending or facilitating communications between you and other Users
- Fraud prevention
- Spam and malware protection
- Enforcing any terms, conditions, agreements and/or policies you have with us
- Any other purpose disclosed to you or to which you consent
We use the information you provide to us (and that we collect from you or your device) in order to provide, maintain, personalize, support, and improve our Services.
4. How We Share Your Information With Third Parties
We will not share any information (including PII and Customer Data) that we have collected from you, except as described below:
Information Shared with Our Service Providers
We may share information about you (including your PII and Customer Data) with third party service providers in order to provide, maintain, and improve our Services. These third-party service providers have access to your PII solely for the purpose of performing certain services on our behalf and they are expressly prohibited from using your PII for any other purpose. For example, we may use a payment processing company to receive and process your credit card transactions with us.
We may share your information with service providers in order to provide, maintain, personalize, support, and improve our Services.
Aggregated and Anonymized Information Shared with Third Parties
We may use and/or share any OPL Data as well as any other aggregated and anonymized or de-identified information for any lawful purpose.
We may use and/or share anonymized and aggregated information for any lawful purpose.
Information Shared with our Affiliates
We may share your information with our affiliates, including for marketing purposes.
Information Shared with Other Third Parties
In addition to sharing your information with service providers as described above, we may also share information about you (including your PII and Customer Data) with other third parties. For example, we may share your PII and location information with other Users or with third parties who require, request or utilize such information in connection with the Services arranged by OPL, or with third parties who run advertising campaigns, contests, special offers, or other activities or promotions on our behalf or in connection with the Services. We may also share information about you (including your PII and Customer Data) when we need to do so in order to provide you with third party products and/or services that you wish to use in conjunction with our Services. For example, we may partner with a business who needs access to your Customer Data and PII in order to provide you with certain fuelling or insurance services, or we may partner with a reseller of our products and services from whom you are already receiving other products and services.
We may also share your information with third parties, including for advertising campaigns or when we need to do so in order to provide you with third party products and services that you wish to use in conjunction with our Services.
Information We Shared with Your Consent
We will share your information (including your PII and Customer Data) whenever you direct us to do so. For example, if you authorize (or direct us to authorize) a third-party application or service to access your information, we may share your PII or Customer Data with such application or service.
We may also share information about you when you authorize us to do so.
By providing us your phone number, you are consenting to us, our affiliates, or our partners contacting you via autodialed or prerecorded calls/messages. We may contact you at any telephone number you have provided us, including phone numbers you have made publicly available through your account, for the following purposes:
- Account notifications and troubleshooting;
- Dispute resolution and debt collection; or
- As necessary to service your account or enforce any of our policies or applicable law, or any terms or other agreement we may have with you.
We may also contact you using autodialed or prerecorded calls and messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Site. We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you can contact us at email@example.com or at the contact information listed below.
We may contact you by phone in order to service your account or for marketing and/or promotional purposes.
User Profiles and Submissions
Your user profile information contains your name, location, email address and phone number associated with your account and profile (“User Profile Information“). This User Profile Information may be displayed to other Users or third parties with whom you connect. Your name and User Profile Information may also be displayed to others when you send messages through the Services. We do not control the privacy policies and practices of any of our Users or any other third-party sites or services.
Any information contained in your user profile or that you submit through the Services may be displayed to other Users of the Services.
Information Disclosed in Connection with Certain Business Transactions and Corporate Changes
Information that we collect from our Users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII and other data may be disclosed or transferred to a third party in connection with such transaction.
We may share your information when our business is sold.
We may share your information when our business is sold. Information Disclosed for Our Protection and the Protection of Others
It is our policy to cooperate with government and law enforcement officials and private parties when we believe it is reasonably necessary to do so. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of our Users, third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical. In the event that OPL may be required to disclose Customer Data and other information as required by law or regulation, OPL will use commercially reasonable efforts to give the User prior notice of the compelled disclosure, to the extent permitted, and reasonable assistance at the Customer’s cost to contest or limit the disclosure.
We may share your information when we determine it is required by law to do so, or to help protect the rights and safety of our Users and OPL.
Information Shared with Third Parties for Third-Party Advertising
We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies (such as Facebook.com), and other third-party services to collect information about your use of our Site over time so that they may play or display ads on our Site, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
To learn more about interest-based advertising and how you can opt out of such advertising, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org/choices, and/or the DAA’s resources at https://www.aboutads.info/choices. You may also be able to set your browser to automatically delete or notify you of cookies by actively managing the settings on your browser or mobile device.
We also share your information with third parties in order to run advertising and marketing campaigns.
Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again.
You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).
You may be able to opt-out of interest-based advertising.
Information Shared with Third Parties for Third-Party Analytics
We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at https://policies.google.com/privacy/partners. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Add-On at https://tools.google.com/dlpage/gaoptout.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at https://www.networkadvertising.org/choices.
We also share your information with third parties who we engage to provide analytics for our Services and our Users.
5. How We Protect Your Information
When You Use the Services
We take reasonable measures to protect the information that we collect from you (including your PII and Customer Data) from unauthorized access, misuse, alteration, destruction, and exfiltration. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
We use Amazon’s S3 storage service to store some of your information (for example, your documents). You can find more information on Amazon’s data security from the S3 FAQs.
We use reasonable measures to ensure that your information is protected from unauthorized access, misuse, alteration, destruction, and disclosure.
When You Click Links to and Use Third-Party Sites & Services
6. Your Choices Regarding Your Information
Modifying Your Information
You can access and modify the PII associated with your account by changing your “account settings” on the Site. If you want us to delete your PII and your account, please contact us at firstname.lastname@example.org with your request. We’ll take steps to delete your information as soon as reasonably practicable, but some of your information may remain in archived/backup copies for our records or as otherwise required by law.
You can update your personal information at any time by contacting us.
Marketing and Promotional Communications
You can opt out of receiving marketing and/or promotional communications from us by following the instructions contained in those communications, emailing us at email@example.com, or by reaching out to us at the contact information listed below. Please note that even if you decide to opt out of marketing and promotional communications, we may still contact you in order to communicate with you about your account and/or use of the Services.
You can opt out of certain marketing and/or promotional communications by contacting us or following the instructions in the communication you receive.
Do Not Track Signals
Although we do our best to honor the privacy preferences of our Users, we are unable to respond to Do Not Track signals set by your browser at this time.
California Privacy Rights
If you reside in California you may request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the preceding year. If you are a California resident and would like to make a request for this information, please reach out to us at the contact information listed below.
If you are a California resident you can request certain details about how we share your personal information with third parties for direct marketing.
7. International Transfers of Your Information
You understand that your information may be transferred to, and maintained on, systems located outside of your jurisdiction.
9. Contact Us
“Administrator” means a Customer-designated End User who administers the Services account and has access to permissions and other sensitive settings.
“Carrier” means any Customer engaged by OPL to perform motor contract carriage and related services for Shippers and that is a motor carrier as defined by USC §13102(14).
“Customer” means any Carrier or Shipper, as well as any facility operators, commercial drivers, dispatchers, or any other person who use the Services.
“End Users” means users of Customer’s Services account. End Users may include Customer, Customer’s and its affiliate’s employees, agents, and contractors.
“Customer Data” means any data and information Customer or its End Users uploads, transmits, or submits to OPL, including data and information from Non-OPL Products.
“Non-OPL Product” means any Customer-provided or third-party services, products, websites, or applications, such as a service that interoperates with the Services, a website linked from the Services.
“OPL Data” means usage data, statistics, aggregate data, and de-identified data derived from Customer Data so that such data does not identify a person or any other de-identified data that does not constitute Customer Data.
“Shipper” means any Customer that engages OPL to procure a Carrier to provide motor contract carriage and related services for such Shipper.