Privacy Policy

TransCom Solutions, Inc. Privacy Policy

Updated April __, 2024

TransCom Solutions, Inc. (“we” or “TransCom”) provides this Privacy Policy (“Policy”) to describe how we collect and process any individually identifying or identifiable information (“Personal Information”) as it relates to TransCom’s fleetkeep software solution and related products (“fleetkeep Products”) for fleet asset management and related services (“Services”).

This Policy covers the information, personal and non-personal, we may collect or share about you or your End Users from the use of our websites, Services, and fleetkeep Products (together, “fleetkeep Products”). “Personal Information” is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. “Non-Personal Information” includes information that is not Personal Information, information that is publicly available, information that a business has a reasonable basis to believe is lawfully made available to the general public, or information disclosed by a consumer and made available if the consumer has not restricted the information to a specific audience.

This Policy does not cover our Customer’s Content because our Customers decide the nature, ownership, and content of the information entered, submitted, provided, and/or saved to fleetkeep Products in order to use the Services.

If you do not agree to this Policy, please do not use fleetkeep Products. You are not legally required to provide us with any personal data, but without it we will not be able to provide you with the best Services.

We encourage you to read this Policy carefully. This Policy does not have to be signed or accepted to be effective. Your use of the fleetkeep Products signifies your assent and understanding of the Policy.

Types of Personal Information We Obtain

The data we obtain varies based on your use of fleetkeep Products. We may obtain Personal Information and Non-Personal Information when you submit information to us and through your interaction with us, such as when you:

browse our websites;
create an account in the fleetkeep Products;
use fleetkeep Products and Services;
sign up for an online program or event;
request products, services, or information;
participate in TransCom events including conferences, webinars, surveys, questionnaires, research, or evaluations; or
correspond with us or request information from us.

Through your use or interaction, we may collect the following types of information, some of which may include Personal Information:

Contact Information: This includesnames, position, company information, email address, telephone number, and postal or other physical address for you or for others (e.g., principals in your business or billing contacts). You do not have to provide Contact Information when you visit our websites, and you may visit the websites anonymously. The decision to provide Contact Information is voluntary.

Account Information: This is information used to create your online account, set up and modify your profile (including photographs), set Services and account preferences, and billing and financial information (such as name, email, billing address, payment card details and bank account information and purchase history).

Online Identifiers: This includes your connection information, such as your IP address, location data, and information about your devices used to access the websites or Services. This also includes contact preferences.

Clickstream Data: This includes information about your online interactions of fleetkeep Products, such as information about your devices, files viewed, technical issues, file pull and save requests, form data, any feedback you provide to us, and other browsing actions or usage patterns. This includes information contained in content you submit to us (such as through our “Contact” feature or other in-product or in-service messaging). This may also include non-identifiable information, such as directory names, server names, share names, file names, configurations, logs, browsing events, and technical information transmitted from your device.

Support Information: This includes (a) information related to participation in classroom or online training, including programs completed and certifications achieved; (b) information necessary to provide support for our Services (such as contact details, chat services, support details, and event history); and (c) call recordings from marketing, support, or sales calls for internal training and quality control purposes and in accordance with applicable laws.

Cookies and Other Tracking: As more fully described herein, we use cookies and other tracking technologies to provide functionality and to recognize you across different Services and devices. You may have the ability to opt out of certain cookies and other tracking technologies.

The information we obtain may also include information from TransCom’s partners or affiliated companies, integrated applications you choose to use, or if you link to third-party services with fleetkeep Products.

How We Use or Share Personal Information

The information we collect and/or share, which may include Personal Information, is for legitimate business purposes, only to the extent required or otherwise necessary for one or more of our functions or activities, and while maintaining the right to privacy. In general, we use or share information we obtain for the following purposes and to the following third parties, partners, and affiliates:

To provide and administer fleetkeep Products pursuant to our Terms of Service. We use and may share information about you to conduct our business and provide fleetkeep Products to you, including to process transactions, authenticate you when logging in, and operate and maintain fleetkeep Products, to process and fulfill orders in connection with fleetkeep Products, to provide support to customers related to their Accounts or use of technology, and to bill you for Services. We may also use your information to tailor email notifications or alerts that you select as part of the Services.

For customer communication and support. We use and may share your information to communicate with you about the Services, including administrative messages, notifications about your Account and subscription status or issues, security alerts registration, and other important information. We may also use and may share your information to resolve technical issues you report, provide training and support, communicate with you about, and administer your participation in, events, programs, promotions, and surveys.

For research, development, and improvement of Services. We may use and share information and collective learnings about your use of fleetkeep Products in our attempts to make the Services more useful to our customers. We analyze trends, usage, customer information, and activity patterns in order to identify areas for improvement and development. We also test and analyze certain new features with some users before rolling the feature out to all users.

For safety and security. We may use and share your contact information and information about how use fleetkeep Products to protect against, identify, and prevent fraud and other unlawful activity, to enhance the security of our network and fleetkeep Products, and to protect the health, safety, and security of our employees.

As required by law. We may also use or share your information to comply with, respond to, and enforce relevant industry standards, applicable laws, court orders, subpoenas, contractual obligations, our policies, to exercise or defend legal claims, when we believe disclosure is necessary to prevent physical harm or financial loss to TransCom, its users, or the public as required or permitted by law, or to establish, exercise or defend our legal rights. We may also need to share your information to law enforcement authorities or other government officials to comply with a legitimate legal request, and in connection with an investigation of suspected or actual fraud, illegal activity, security, or technical issues.

To market and promote Services. We may use and share your contact information and information about how use fleetkeep Products to conduct advertising, marketing, and sales activities. This includes sending you promotional materials, generating leads, pursuing marketing prospects, performing market research, determining, and managing the effectiveness of our advertising and marketing campaigns and managing our brand. These efforts may include sharing your data as part of a joint sales promotion or to pass sales leads to our business partners, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear from our business partners.

In a business transfer. We may disclose or transfer information collected under this Policy in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business, fleetkeep Products, Services, or products to another company. You will be notified if a transaction takes place.

With consent. We may use information that you have given us consent to use for a specific purpose not identified above.

Your information might be provided to the third-party service providers or partners pursuant to appropriate security and confidentiality procedures designed to protect your information. For example, we work with third-party service providers and partners for our business operations and to provide website and application development, hosting, maintenance, backup, storage, payment processing, analysis, and consulting, support, and marketing services for us. Some of the third party service providers may operate outside the United States.

We may also share your data internally within TransCom (including among affiliates and subsidiaries).

We may share a user’s data with our customers to report and help manage issues requiring support or to inform a customer about their users’ use of the Services (such as when a user has obtained credentials or completed a course).

The Services you use may include links or may integrate with third-party sites, widgets, or services. We may offer the ability to interact with or disclose information to third parties through the Services. If you provide your information to those sites, your information is governed by their privacy policies, not ours.

We may combine information collected from you with other sources to help us improve the accuracy of our marketing and communications, as well as to help expand or tailor our interactions with you. We also may use information for additional purposes that we specify at the time of collection. We will obtain your consent for these additional uses to the extent required by applicable law. Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.

We do not sell or otherwise disclose Personal Information about you except as described herein or at the time of collection.

Most of the above-described communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your Account settings. You can also contact us as described herein to opt out.

Cookies and Other Technologies

We use cookies or similar tracking technologies in fleetkeep Products that may read or write information on your device in order to collect certain information about you by automated means. The use of cookies is a standard industry-wide practice, and we use these automated technologies to identify you and to collect information about your equipment, browsing actions, and usage patterns. Our primary purpose in using these technologies is to understand usage of our Services and the interests of our customers and to present you with advertising relevant to your interests. For example, we use these technologies for the following business purposes:

For necessary functions or to improve functionality. These cookies and similar technologies are essential in order to enable fleetkeep Products to provide functionality, the features you have requested, to increase the security of the products and services we provide to you, or to remember choices you make to provide you with an experience more appropriate with your selections and to make your use of fleetkeep Products more tailored.

For performance and analytics. These cookies and similar technologies collect information on how users navigate and interact with fleetkeep Products and enable us to improve how we operate.

Targeting Cookies or Advertising Cookies. These cookies and similar technologies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited, and that information may be shared with third parties, such as advertising technology service providers and advertisers.

Social media cookies. These cookies and similar technologies are used when you share information using a social media sharing button or “like” button on our websites. The social network will record that you have done this. This information may be linked to targeting/advertising activities. We are not responsible for these providers’ information practices.

How to Access and Control Your Information

We offer you certain choices in connection with the Personal Information we obtain about you, such as how we use the information and how we communicate with you. Below is a summary of your options. Some of our communications are essential to the Services. Others, you can opt out in the communication itself or in your Account settings.

You can access your Account settings or contact us as specified below to update your preferences, limit the communications you receive from us, or submit a request regarding the use of your information.

You can also unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails.

You can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. You will not be able to opt-out of any cookies or other technologies that are necessary for fleetkeep Products, and, if you do not accept cookies, you may not be able to use all aspects of fleetkeep Products.

You can also terminate your use of fleetkeep pursuant to TransCom’s Terms of Service [HB1] .

To the extent provided by the law of your jurisdiction, you may request access to the Personal Information we maintain about you, or that you of TransCom correct, update, amend or delete your information, or you may have the right to request that we restrict the processing of such information.

If you believe that any information is being used inappropriately or illegally, contact TransCom using the contact information below or through your Account. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your Personal Information that we maintain. Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response.

How We Protect Personal Information

We are committed to making reasonable efforts, in accordance with industry-wide practices and legal requirements, to ensure the security, confidentiality, and integrity of Personal Information collected. We maintain administrative, technical, and physical safeguards, designed to protect against unlawful or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the personal information provided to us through fleetkeep Products.

Although we take steps to safeguard such information, we cannot be responsible for the acts of those who gain unauthorized access or abuse of fleetkeep Products. We make no warranty, express or implied, that we will prevent such access. If a password is used to help protect your Account and information, it is your responsibility to keep that password confidential.

Retention of Personal Information

To the extent permitted by applicable law and unless we have justified reasons otherwise, we typically retain information we obtain about you for as long as it is needed for the purposes for which we obtained it, in accordance with the terms of this Privacy Policy. This generally means that we will keep your Personal Information for the duration of our relationship or thirty (30) days following cancelation of your Account. However, we may retain your information to consider applicable statute of limitation periods and comply with applicable laws, resolve disputes, and enforce our agreements. As described herein, to the extent provided by the law of your jurisdiction, you may request that we delete your information or restrict the processing of such information by contacting us as indicated below.

Additional Notice to Users Located Outside the United States

We do not intend that users of fleetkeep Products be residents of countries outside of the United States, and we do not intend for data to be sent from the EU/UK or Switzerland to the United States. We endeavor for our Policy to meet the requirements of non-US privacy laws, and many of the protections, disclosures, and rights under this Policy meet non-US privacy laws. However, we have not certified our Policy and safeguards under international laws because we do not intend for fleetkeep Products to be used outside the United States.

If you are intending to use fleetkeep Products from outside the United States, please contact TransCom to receive a copy of the Non-US Privacy Policy that supplements this Policy.

Additional Notice on Privacy to US Residents of California and Other States

The disclosures in this Additional Notice are applicable only to residents of states that mandate additional detailed disclosures and remedies regarding privacy. This Additional Notice is intended to supplement the Policy with information required by those states’ laws, and nothing in this Additional Notice is intended to contradict or limit the applicability of the information provided in this Policy or expand rights to residents of states that do not require enhanced or supplemental disclosures and rights.

Specifically, this Additional Notice is intended to address the relevant notice requirements contained in at least the following statutes:

California Consumer Privacy Act;

Virginia Consumer Data Protection Act;

Colorado Privacy Act;

Connecticut Act Concerning Personal Data Privacy and Online Monitoring; and

Utah Consumer Privacy Act.

Other U.S. state privacy laws may also provide the right to request information about how TransCom collects and uses personal information, such that this Additional Notice may be applicable to residents of other states. As privacy laws are amended, TransCom will endeavor to timely amend its procedures and Policy.

Collection and Disclosure

State laws require disclosure and descriptions in certain categories, and we have endeavored to place the below information in those categories. However, some descriptions may fall into multiple categories, so you should review the entire Additional Notice.

In the prior 12 months, we may have collected information, Personal or Non-Personal, about you from the following categories of sources:

you, directly or indirectly, through your interaction and use of fleetkeep Products;

third parties, such as your employer, company administrator, or business partner, through their use of fleetkeep Products;

our affiliates and partners;

social media networks;

forums, blogs, and testimonials you provide or that we obtain from publicly available sources (such as social media channels);

marketing and business information enrichment sources; and

advertising networks.

During the prior 12-month period, we may have collected and or shared/disclosed for a business or commercial purpose the following categories of information, including Personal Information, about you:

Identifiers, location data, and similar information, such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name, and geolocation data;

Demographic information, such as your preferred language and age;

Commercial information, including signature, bank account number, credit card number, debit card number, and other financial information, and products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;

Technical and operational details of your usage, including Internet and other electronic network activity information, not limited to, browsing history, search history, and information regarding your interaction with websites, applications, or advertisements;

Audio, electronic, visual, and similar information; and

Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

In addition to the purposes listed above in this Policy, information, which may include Personal Information, was obtained for the following business or commercial purposes:

Performing and maintaining Services and fleetkeep Products, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing technical support, advertising, or marketing services, providing analytics services, or providing similar business services;
- Product development, includingundertaking internal research for technological development and demonstration, and developing new features or technology for the benefit of our users;
- Auditing and measurement related to interactions with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Use by service providers and partners, including providers to perform services on our behalf in compliance with this Policy and other appropriate confidentiality and security measures.
- Protecting against security threats, abuse, and illegal activity, including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity, undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us, and debugging to identify and repair errors that impair existing intended functionality; and
- Legal reasons, including compliance with applicable laws and regulations, legal process, and government requests.

Any information, including Personal Information, collected may have been shared or disclosed for the business purposes described above in the prior 12 months with the following categories of third parties:

Internally, our affiliates and subsidiaries, and our business partners;

Vendors who provide Services on our behalf;

Persons connected to your business, such as your employer, company administrator or business partner;

Our customers, to inform them about their users’ use of fleetkeep Products; and

Third-party marketers who may combine your information with their own records, and records available from other sources, for their own direct marketing purposes, and the direct marketing purposes of other third-party marketers.

Lastly, in the prior 12 months, we may have sold the following categories of information about you:

Identifiers, location data, and similar information, such as a real name, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, and other similar identifiers;

Technical and operational details of your usage, including Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with fleetkeep Products and other websites, applications, or advertisements; and

Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We do not use or disclose Sensitive Personal Information for purposes other than permitted by applicable law. “Sensitive personal information” is a specific subset of personal information that includes certain government identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account; precise geolocation; contents of mail, email, and text messages; genetic data; biometric information processed to identify a consumer; information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership. A third-party service provider may collect this information as it relates to your invoice or payment. This information is not stored on fleetkeep Products.

For retention periods, please see above section entitled “Retention of Personal Information”.

Consumer Privacy Rights

Depending on the applicable states’ law, you may have the right to request, twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:

the categories and specific pieces of Personal Information we have collected about you;

the categories of sources from which we collected the Personal Information;

the business or commercial purpose for which we collected or sold the Personal Information;

the categories of third parties with whom we shared the Personal Information; and

the categories of Personal Information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose.

In addition, you have the right to request that we delete the Personal Information we have collected from you.

You have the right to opt out of the sale of your Personal Information. To opt out or to submit a request related to other rights, contact TransCom at the address stated in this Policy. To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your Personal Information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

If you are a California resident, you may designate and authorize an agent to exercise your rights on your behalf if the agent meets the requirements under California law. To do this, you must provide the authorized agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from the agent when they make a request on your behalf. We may also ask you to verify your identity and directly confirm with you that you have granted permission to the authorized agent.

Depending applicable law, you may have a right not to be denied access, be charged different prices for, or provided a different level or quality of goods or services if you choose to exercise these rights.

Our Policy Towards Children

Because fleetkeep Products are not directed to individuals under the age of majority (depending on jurisdiction), we do not intend to collect information from minors. If we become aware that a minor has provided us with Personal Information, we will take steps to delete such information. If you become aware that a minor has provided us with Personal Information, please contact TransCom directly.

Changes to Our Privacy Policy

This Policy may be updated periodically and without prior notice to you to reflect changes in our information practices. However, if we make any material changes we will notify you by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this Policy for the latest information on our privacy practices.

How to Contact Us

If you have any questions or comments about this Privacy Policy or if you would like us to update information we have about you or your preferences, please contact us by email at [email protected] or write to us at:

TransCom
Attn: Account Manager for fleetkeep Products

125 N First St. STE 300
Lufkin, TX 75901

United States