Terms of Service CrewChief App

• Location Disclosure
• Personal & Sensitive User Data
• Privacy Policy
• Terms of Service Policy
• Release and Waiver

Location Disclosure

 

The CrewChief mobile app collects location data to enable the following features even when the app is closed (in the background) in order to enable Driver Identification of company assets without having to open the CrewChief app in the foreground. Background location is limited to the last 3 valid GPS data points, not a detailed history over an extended period of time. Driver ID is a key function to assigning users to the correct vehicle without requiring other physical or digital steps to be taken by the user. While the app is active (in the foreground), location information is shared with the web portal for the users employer to monitor work progress, interact with zone, geolocate fueling locations, monitor stop time, work hours and other work related activities.

You can change disable or modify some or all features in the app using Enable Private Mode functionality or in the OS. Reasonable efforts are made to anonymize location data when applicable. Location data is not sold or shared for marketing.

 

 

Features that only use location in the background for work-related activities and services:

1. Driver ID to determine which company asset is being used.
2. Geolocation-based alerts from various sources such as severe weather, Amber Alert, and iPAWS.
3. Proximity to other users for priority alerting and rapid response.
4. Work related activities. 

    

   Disabling or adjusting settings may eliminate being able to receive location-based alerts and communication and receive any rescue or assistance for nearby users. Always call 911 first for emergencies.

Personal & Sensitive User Data

 

Summary:

Fleetistics takes user privacy and security seriously and is focused soley on business activities. Personal information and activity is never intentionally captured, stored, or shared with any party that does not have a legal right or work related reason for the data the user chooses to share. CrewChief™ is a business application which may be required by the users employer to monitor work related activities.

 

General Privacy Policy

READ THE ENTIRE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW).

This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the App (as defined below).  User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

1. Definitions.For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:

(a) “App” shall mean the Company’s (as defined below) CrewChief^TM app.

(b) “Company” shall mean ILER GROUP, Inc. DBA Fleetistics, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.

(c) “Agreement” shall have the meaning defined above.

(d) “Released Parties” shall mean the Company and any other User of the App.

(e) “Update(s)” shall have the meaning set forth below.

(f)  “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.

(g) “Location” shall mean GPS coordinates, map object placement and visualization, current and past position, and movement

(h) “Platform” shall include the App and any web-based service or service.

2. General. Company and its subsidiaries respect the privacy rights of our users and are committed to protecting the information collected through its online products, online services, applications and websites (together “Services”). Company has adopted this privacy policy (“Privacy Policy”) to explain how Company collects, stores, and uses the information collected in connection with Company services.

Should you have any questions relating to this Privacy Policy, please contact us at Fleetistics.com.

Company reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. If Company makes material or significant changes to this Privacy Policy, Company may post a notice on Company website and mobile app along with the updated Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

3. Research. User data may be shared with government, universities, research entities or other organizations in an anonymous manner as outlined herein for the purpose of general social studies or public benefit research.

4. Emergency Services.User identifiable data and information will be shared with emergency services, volunteer organizations, non-government organizations involved in relief and rescue operations and other app users for the purpose of communication, information sharing, rescue, relief or public safety.

5. Ad Serving Technology. Company reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Company or Company partners and contractors. Company may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Company or third parties operating the ad serving technology may use demographic and location information, as well as information logged from your hardware or device to ensure that appropriate advertising, is presented within the Service. Company or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information and application information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

6. Non-Personal Data.For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify the user. Additionally, non-personal data means “aggregate” and “de-personalized” information, which Company collects about the use of Company Services, from which any personally identifiable data has been removed.

Company may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Company to identify User. The types of non-personal data Company may collect and use for troubleshooting include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and location; (v) other non-personal data as reasonably required by Company to enhance the Services and other Company products and services.

Likely situations when users make personal data available to the Company include, but are not limited to: (i) data collected during registration or in User profile, services, contests, and special events; (ii) subscribing to newsletters; (iii) requesting technical support; and (iv) alerts and notifications (v) posting media (vi) location data (vii) or data otherwise collected through use of Company services where personal data is required for use and/or participation.

Company may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Company services and products. Company may combine non-personal data with personal data.

Company may use your personal data to send messages with informative and/or commercial content about Company services or third party products and services Company thinks may be of interest to you, such as new features and services, special offers and updated information.

Certain features of the Services may be able to connect to User social networking sites to obtain additional information about User. In such cases, Company may be able to collect certain information from your social networking profile when Users social networking site permits it, and when User consents to allow a social networking site to make that information available to Company. This information may include, but is not limited to, User name, profile picture, gender, user ID, email address, User country, your language, User time zone, the organizations and links on User profile page, the names and profile pictures of User social networking site “friends” and other information User has included in social networking site profile. Company may associate and/or combine as well as use information collected by Company and/or obtained through such social networking sites in accordance with this Privacy Policy. Connected data will not be sold to other parties with any personally identifiable data.

User recognizes and agrees that the analytic and advertising companies who deliver ads for Company may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although the Company takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, the Company does not have access to or control of third-party technologies.

7. Disclosure and Transfer of Personal Data. Company collects and processes personal data on a voluntary basis and it is not in the business of selling users personal data to third parties. Personal data may, however, occasionally be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Company may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Company may hire agents and contractors to collect and process personal data on Company behalf and in such cases, such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by the Company. These agents and contractors may not use your personal data for their own marketing purposes. Company may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Company has the right to share personal data as necessary for the aforementioned third parties to provide their services for Company. Company is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

Company may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose User or Company to legal liability. Company may also disclose User personal data to third parties when Company has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Company’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Company believes that such disclosure is necessary to protect Company’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Company.

8. Data Retention.Company retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Company deletes all aforementioned data in its possession. Company does not verify the correctness of personal data. Even if data is changed or deleted, Company may still retain some of the data to resolve disputes, enforce Company user agreements, and comply with technical and legal requirements and constraints related to the security, integrity, and operation of Services.

9. Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Company treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Company sends to you may contain code that enables Company to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Company may combine that information with other information Company has about User and Company may use that information to improve the Services and/or provide customized communications to User.

10. Third Party Terms and Conditions. Please note that User access to and use of the Services may be subject to certain third arty terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, online gaming platforms, social networking services and payment providers. User recognizes and agrees that Company is not liable for any such third party terms and conditions and their use of User personal data.

Company may in its discretion make available links through advertisements or otherwise enable User to access third party products or services. Please note that, while using such products or services, users are using products or services developed and administered by people or companies not affiliated with or controlled by the Company. The Company is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Company is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

11. Safeguards. Company follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in Company possession. Only those persons with a need to process User personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to your personal data in Company possession. Personal data collected by Company is stored in secure operating environments that are not available to the public. However, no system can be 100% secure and there is the possibility that despite Company reasonable efforts, there could be unauthorized access to User personal data. By using the Services, User assumes this risk.

12. Location Data. The Company provides User location data and information to other Company app and platform users, institutions and Government for the intended use of user safety and public benefit. Location data is collected to provide rescue services a User’s last known location in order to expedite rescue, work location history, provide location based alerts and communication allocated resources and better prepare for future events and to deliver User location-based communication and alerts. Efforts are made to anonymize the data to reduce the ability to individually identify users.  User location information is not sold to third party advertisers for the purposes of marketing, social engineering, or reverse engineering.

13. Law Enforcement and Related Government Service Agencies or Contractors. No agency, entity, contractor, or individual is allowed to utilize, accumulate, “scrape”, download, transfer, store, sell, share, view, photograph, make a video copy or access any data for any legal process, investigation, surveillance or other activity without a warrant, or government instrument, delivered and accepted by the Company authorizing such use, prior to use.

14. Other. Company may disclose User personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Company stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

Privacy Policy

 

Summary

User identifiable information is not sold or shared. User may elect to engage third party service providers which are not part of this policy and are governed by the relationship between the User and the third party. Iler Group, Inc (IG) customer portal, MyFleetistics (MF), and CrewChief™ mobile app uses data to provide reports, graphs and analytics to the Customer and to IG and may use unidentifiable data to generate data across industries for analysis by all MF customers.

 

Privacy Policy:

Please note that the practices of Iler Group, Inc (IG), its affiliates, and agents (“Iler Group, Inc”), with respect to data collected and used by Iler Group, Inc. in connection with MyFleetistics website, CrewChief™ mobile app, and all other websites of Iler Group, Inc. with authorized links to this policy (collectively, the “Site”) and Iler Group, Inc. products and services available or enabled via the Site (“Products and Services”), are governed by this online privacy policy (“Privacy Policy”) as amended from time to time, and not the privacy policy in effect at the time the data was collected. This Privacy Policy does not apply to those Iler Group, Inc. sites, products and services that do not display or link to this Privacy Policy or that have their own privacy statements. Please regularly review our Privacy Policy. If you have objections to the Privacy Policy, you should immediately discontinue use of the Site and the Products and Services enabled by the Site and follow the procedure described in the section entitled “Updating your user information and privacy preferences.” This Privacy Policy does not govern privacy practices associated with offline activities, websites other than the Site, or products and services not available or enabled via the Site, except as expressly set forth in the section entitled “Data not collected on this Site.” To the extent that any terms of the Privacy Policy conflict with the terms of an existing written (including electronic) agreement between you and Iler Group, Inc. regarding the use of specific areas of the Site or specific Products and Services (including Product- and Service-specific licenses, terms of use, or privacy disclosures) (collectively, “Product Agreements”), the terms of the Product Agreements shall govern.

 

Changes in Privacy Policy:

All User information (“User information” is defined as any information provided by individuals or collected by technology such as global positioning system that identifies or can be used to identify a person or business to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. Iler Group, Inc. may change the Privacy Policy from time to time at its sole discretion and will provide notice of all changes in the Privacy Policy through indications on this Privacy Policy and in the footer of the web pages with authorized links to this Privacy Policy. If as a result of such changes you want to alter the ways in which Iler Group, Inc. is allowed to use your User information, you can do so by following the procedure described in the section entitled “Updating your User information and privacy preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide User information to Iler Group, Inc. you limit how such information will be used to communicate with you, either by Iler Group, Inc. or by third parties, Iler Group, Inc. will not change your preference in this regard without your express consent. However, if Iler Group, Inc. sells assets (or the assets of a division or subsidiary) to another entity, or Iler Group, Inc. (or a division or subsidiary) is acquired by or merged with another entity, you agree that Iler Group, Inc. may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent. Iler Group, Inc. will provide notice of such asset sales, acquisitions, or mergers on this Site.

Terms of Service

 

Privacy Policy

Release and Waiver of Liability

 

User General Release and Waiver of Liability

This General Release and Waiver of Liability (the “release”) releases other Users, third party organizations, government agencies and employees, ILER GROUP, INC, licensed Platform users, CrewChief mobile app (the “App”) and each of its directors, officers, employees, and agents (the “Parties)” as defined in the Terms and Conditions herein.

This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the App (as defined below).  User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE RELEASE AND WAIVER OF LIABILITY. IF YOU DO NOT AGREE TO THE RELEASE AND WAIVER OF LIABILITY, DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Should you have any questions relating to any agreement, please contact us at contact@fleetistics.com.

1. Definitions. For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:

(a) “App” shall mean the Company’s (as defined below) CrewChief^TM app.

(b) “Company” shall mean ILER GROUP, INC, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.

(c) “Agreement” shall have the meaning defined above.

(d) “Released Parties” shall mean the Company and any other User of the App.

(e) “Update(s)” shall have the meaning set forth below.

(f)  “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.

(g) “Location” shall mean GPS coordinates, map object placement and visualization, current and past position, and movement

(h) “Platform” shall include the App and any web-based service or service.

USA 911 or international emergency services are not affiliated with ILER GROUP, INC. (“Company”) or any products and services. User acknowledges this fact and that no person or entity may respond at all, and someone may respond who is unqualified which may lead to property damage, injury, or death, which is solely the responsibility and liability between the User and the responder and has nothing to do with Company. Company in no way determines the qualifications or competency of app users, responders, response effort, emergency service, communication, network connection, or any and all services related to emergency response services. User agrees to hold individuals, employer, Officers, employees and the Company harmless under Good Samaritan emergency response.

1. Waiver and Release. The User, releases and forever discharges and hold harmless all Parties and successors and assigns from any and all liability, claims, and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from the services provided by Parties. User understand and acknowledge that this Release discharges Parties from any liability or claim that User may have against Parties with respect to bodily injury, personal injury, illness, death, or property damage that may result from the services User provides to Parties or occurring while User is providing service to others.

2. Insurance. Further I understand that Parties does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. User expressly waives any such claim for compensation or liability on the part of Parties beyond what may be offered freely by Parties in the event of injury or medical expenses incurred by me. User agrees that maximum compensation for physical injury, pain and suffering of any actual or perceived detriment to the User, will not exceed that paid for the mobile application.

4. Assumption of Risk. I understand that the services I provide to Parties may include activities that may be hazardous to me including, but not limited to search and rescue or relief involving inherently dangerous activities. As a User, I hereby expressly assume risk of injury or harm from these activities and Release Parties from all liability.

5. Other. By using the App and related services, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of the Defendant and that this Release shall be governed by and interpreted in accordance with the laws of the State and County of the Defendant. I agree that if any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.

6. Medical Treatment. I hereby Release and forever discharge all Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a User with Parties.

7. Conflicts. Should a conflict arise with this, or any agreement herein, the Company at its sole discretion, will determine which provision applies.