Effective Date: February 22, 2024
Welcome to USHIPPER, a premier car transportation service provider. At USHIPPER, we understand the importance of your privacy and are dedicated to protecting your personal and business information. This Privacy Policy outlines our practices regarding data collection, usage, and protection, ensuring you are fully informed about our practices and your rights.
Principles Guiding Our Data Collection and Processing
Data Minimization and Limitation: We only collect personal data that are essential for the specific purposes of processing. Our aim is to limit the amount of personal data collected to what is directly relevant and necessary for providing our services efficiently.
Lawfulness: Our data collection and processing activities are grounded in legality, ensuring that we operate within the framework of applicable laws and regulations.
Fairness and Transparency: We engage in fair data processing practices. We are transparent about how we collect, use, and share your personal data, providing clear information through this Privacy Policy.
Proportionality: We ensure that the processing of personal data is proportional to the specific needs of our service delivery, striking a balance between our operational requirements and your privacy rights.
Technical and Organizational Measures: USHIPPER implements appropriate technical and organizational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. This includes measures to protect data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
Respect for Context: We are committed to collecting, using, and disclosing personal data in ways that are consistent with the context in which our consumers provide it. This means we consider the nature of our services, the circumstances surrounding data collection, and our users’ expectations to ensure that our data practices align with the perceived purposes. Our aim is to foster trust and maintain integrity in our interactions with users, ensuring that data usage is appropriate and expected within the context of our provided services.
By engaging with USHIPPER, you entrust us with your personal and business information. In return, we pledge to protect your data with the utmost care and to use it solely for the purposes outlined in this Privacy Policy and your informed consent.
Detailed Information Collection
In this section, we outline the specific types of data USHIPPER collects to provide and enhance our car transportation services:
Transactional Data: Includes details of transportation bookings, schedules, and payments.
Registration Data: Information provided during sign-up, including personal and business details.
Cookies and Similar Technologies: Usage of these technologies for website and app functionality.
Account Data: Information associated with user accounts, like login credentials.
Usage Data: Data on how our services are used, such as route and cargo details.
Vehicle and Driver Information: Data on vehicles and drivers for compliance and safety.
Location Data: GPS tracking information for route optimization and customer updates.
Device and Access Data: Data on the devices used to access our services, enhancing functionality and security.
Types of Information We Collect and Definitions of Types of Information Referred to in This Privacy Policy
Transactional Data: This category includes information directly related to the transportation services we provide. It may consist of details such as booking records, transportation schedules, pricing details, and payment information. We collect and use this data to process transactions, provide service confirmations, and ensure efficient service delivery.
Registration Data: Registration data comprises information that users voluntarily provide during the sign-up process on our platform. This includes personal details such as name, email address, physical address, and contact numbers, as well as business-related information like company name, USDOT number (if applicable), and vehicle details. This data is used for account creation and management, service customization, and, with user consent, for sending relevant updates and offers.
Cookies and Similar Technologies: We use cookies and similar tracking technologies to improve the functionality and performance of our digital platforms. These technologies help in storing user preferences, tracking user interactions with our services, and enhancing overall user experience on our website and app.
Account Data: Account data pertains to the information associated with each user account, including login credentials, profile settings, and preferences. This data is crucial for authentication, account security, and providing a personalized user experience.
Usage Data: Usage data includes metrics related to how users interact with our services. This may involve information about the routes used, duration of the transport, types of cargo transported, and user interactions with our app or website. We analyze this data to improve our services, optimize route efficiency, and offer tailored content.
Vehicle and Driver Information: This category covers information about the vehicles used for transportation and driver details. It may include vehicle registration information, insurance details, driver’s license information, and driving history. This information is essential for ensuring compliance with transportation regulations and for maintaining the safety and reliability of our services. These definitions are provided to clarify the types of information USHIPPER collects and utilizes in its operations. We are committed to responsibly handling user data, ensuring it is used for legitimate purposes and respecting the privacy and confidentiality of our clients.
Location Data: Real-time GPS data for tracking vehicles during transportation. This includes start and end locations, route information, and any stops made along the way. This data is crucial for route optimization, estimated time of arrival, and for customers to track their shipments.
Driver Performance Data: Information on driving behavior, such as speed, braking patterns, and compliance with traffic laws. This can be used for ensuring safety standards, driver training, and improving overall service quality.
Vehicle Condition Data: Details about the vehicle’s condition, including maintenance records, inspection logs, and any reported issues or damages. This is important for maintaining vehicle safety and reliability.
Cargo Information: Specific details about the cargo being transported, such as type, weight, dimensions, and any special handling requirements (like temperature control for perishables or secure transport for valuables).
Customer Feedback and Ratings: Data collected from customer surveys, feedback forms, and ratings after the completion of a service. This information can be used to assess customer satisfaction and improve service quality.
Communication Data: Records of communication between drivers, dispatchers, and customers, including messages, emails, and call logs. This helps in resolving disputes, improving communication protocols, and enhancing customer service.
Environmental Data: Information about external conditions that could impact transportation, like weather conditions, traffic patterns, and road closures. This can be used for route planning and to anticipate potential delays.
Telematics Data: For vehicles equipped with telematics systems, data such as fuel consumption, engine diagnostics, and mileage can be collected. This information aids in efficient fleet management and reduces operational costs.
Compliance Data: Information related to regulatory compliance, such as hours of service for drivers, compliance with transportation laws, and adherence to environmental regulations.
Payment and Billing Information: Credit card details, billing addresses, and payment histories for processing transactions and managing accounts.
Device and Access Data: Information about the devices used to access the service, such as IP addresses, browser types, and operating system details, which can be used for improving website/app functionality and security measures.
Legal Basis for Processing Personal Data
USHIPPER is committed to processing your data lawfully, fairly, and in a transparent manner. To comply with the requirements of the General Data Protection Regulation (GDPR), we have identified the following legal bases for processing personal data:
Consent: We process personal data based on the consent you explicitly provide for specific purposes, such as sending marketing communications or using cookies on our website. You have the right to withdraw your consent at any time.
Contractual Necessity: Processing of personal data is necessary for the performance of a contract to which you are a party, or to take steps at your request before entering into a contract. This includes processing data to provide our transportation services as requested by you.
Legal Obligations: We may process personal data as necessary to comply with legal obligations to which we are subject. This includes regulatory requirements and responding to lawful requests from public authorities.
Vital Interests: In rare cases, we may process personal data to protect the vital interests of you or another person, such as in emergencies.
Public Task: We may process personal data to perform a task carried out in the public interest or in the exercise of official authority vested in us, if applicable.
Legitimate Interests: We process personal data based on our legitimate interests or the legitimate interests of a third party, provided those interests are not overridden by your interests or fundamental rights and freedoms. This includes processing for business administration, fraud prevention, and ensuring network and information security.
Each processing activity undertaken by USHIPPER is backed by a specific legal basis, ensuring our operations are conducted in accordance with the law and respect your privacy rights.
User Access and Control
Accessing Personal Information: Users can request access to the personal information we hold about them.
Updating Information: Users have the right to update or correct any inaccurate personal information.
Deletion of Information: Users can request the deletion of their personal information from our systems, subject to any legal or operational retention requirements.
Opt-Out Options: Users can opt-out of certain uses of their information, such as for marketing purposes.
Data Portability: Upon request, we can provide users with a copy of their data in a usable format.
Types of Information We Collect, How We Use It, and Whom We Share It With
Our Sites
Transactional Data: We collect data related to transportation service bookings and inquiries. This includes user details necessary for service fulfillment, like name, contact information, and transportation details. Payment processing is handled by third-party providers, under their privacy policies. We may also work with other companies for functions like service provision, vehicle management, and customer support.
Registration Data: Users can register on our platform to access and manage transportation services. Registration may require personal and business information, including vehicle details and transportation preferences. This data helps us personalize services and, if consented to, send updates and offers.
Cookies and Similar Technologies: We use cookies to enhance user experience and gather data for site improvement and analysis. Users can control cookie settings, but this may affect site functionality. We may share aggregated, anonymized data with partners for analytics and improvement purposes.
Do Not Track Signals: Our system’s interaction with “Do Not Track” browser signals will be specified, depending on how we decide to respond to such signals.
Website Data Collection: We ensure, to the best of our knowledge, that no external entities collect personally identifiable information without a contractual agreement. We prioritize user privacy in online activities.
Automated Decision-Making Tools: These tools are employed for user security and fraud detection, especially in online transactions. Users can contact customer service for assistance if they disagree with automated decisions.
Our Services
Account Data: For USHIPPER services, especially via web and mobile apps, we collect essential personal information for account setup. This includes name, address, email, and phone number. Payment processing is handled via third-party platforms, ensuring secure handling of credit card details.
Usage Data: Our service collects data from connected devices, providing insights into user interaction with our services. This encompasses technical details of the device, network configurations, and environmental data. For services involving vehicle tracking, additional data like GPS location and transport status may be collected.
Customization Information: Engagement with our services generates data reflecting user preferences and service usage patterns. Analyzing this data helps us personalize the user experience and align our services with individual needs.
Use of Information from USHIPPER Sites and Services
Transactional Data: Used for processing service orders, issuing receipts, and ensuring smooth transactions.
Registration Data: Facilitates account creation, management, and personalization of services.
Cookies and Similar Technologies: Enhance website and app functionality and user experience.
Account Data: Key for user authentication, security, and customized user experiences.
Usage Data: Helps in analyzing service use, optimizing routes, and tailoring user content.
Vehicle and Driver Information: Critical for regulatory compliance and maintaining safety standards.
Location Data: Essential for tracking, route optimization, and providing shipment updates.
Driver Performance Data: Used to maintain safety standards and improve service quality.
Vehicle Condition Data: Ensures vehicle safety and service reliability.
Cargo Information: Important for handling specific transport requirements.
Customer Feedback and Ratings: Assists in evaluating and improving service quality.
Communication Data: Enhances communication efficiency and customer service.
Environmental Data: Aids in route planning and anticipating transport delays.
Telematics Data: Contributes to efficient fleet management and operational cost reduction.
Compliance Data: Ensures adherence to transportation laws and regulations.
Payment and Billing Information: Facilitates transaction processing and account management.
Device and Access Data: Improves digital platform functionality and security.
At USHIPPER, we collaborate with select third-party service providers to enhance our transportation services. This collaboration involves sharing specific data sets under strict confidentiality and security terms. The types of data shared and the purposes are as follows:
Vehicle Tracking and Maintenance: We share vehicle-related data with partners specializing in tracking and maintenance services. This ensures efficient route planning, timely deliveries, and well-maintained transportation fleets.
Customer Support Services: Certain customer data, like contact information and service history, may be shared with customer support providers to offer prompt and effective assistance.
Payment Processing: Financial data is shared with trusted payment processors to facilitate secure and smooth transactions.
Each third-party partner is carefully selected and bound by agreements that prioritize data security and privacy, aligning with our commitment to safeguarding client information.
Handling of Legal Investigations and Mergers: USHIPPER adheres to strict protocols for data sharing during legal investigations and in the event of corporate changes such as mergers or acquisitions. In legal scenarios, we may share necessary information with authorities to comply with the law, always ensuring that such disclosures are handled responsibly and following legal standards. During corporate changes, data will be protected under the same privacy commitments, and any transfer of data will be communicated transparently to our users.
User Consent for Data Sharing: User consent is paramount at USHIPPER, particularly for data sharing beyond essential service provision. We respect the privacy of our users and only share data with user consent, especially in contexts like marketing or promotional activities. Users will always have the option to opt-in or opt-out of such data-sharing practices, ensuring their preferences are respected and upheld in all our data-handling processes.
User Rights
Right to Access: You have the right to obtain confirmation from USHIPPER as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data along with detailed information regarding its processing.
Right to Rectification: You are entitled to have USHIPPER correct inaccurate personal data concerning you without undue delay. Considering the purposes of the processing, you also have the right to have incomplete personal data completed.
Right to Erasure (“Right to be Forgotten”): You can request the deletion of your personal data where one of the legal grounds applies, such as the data no longer being necessary concerning the purposes for which they were collected or processed.
Right to Restriction of Processing: You have the right to restrict the processing of your personal data under certain conditions, such as if you contest the accuracy of the data, or if the processing is unlawful.
Right to Data Portability: Where the processing is based on consent or a contract, and carried out by automated means, you have the right to receive your personal data in a structured, commonly used, and machine-readable format, and have the right to transmit those data to another controller without hindrance from USHIPPER.
Right to Object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you, especially regarding data processing for direct marketing purposes or profiling related to such direct marketing.
Right to Withdraw Consent: If the data processing is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Right to Lodge a Complaint: You have the right to complain with a supervisory authority if you believe that the processing of your personal data infringes on the GDPR or other relevant privacy laws.
Protection of Your Information
Third-Party Content and Links
Third-Party Involvement
Analytics Providers: We use third-party analytics tools to understand how our users interact with our services. This helps us in optimizing our platform and tailoring our services to better meet your needs.
Customer Support Tools: To provide efficient customer service, we utilize third-party customer support software. This allows us to manage inquiries, feedback, and provide timely support to our users.
Payment Processors: For secure and efficient transaction processing, we partner with trusted third-party payment processors. They handle payment data, ensuring secure and seamless transactions.
Vehicle Tracking and Maintenance Services: For effective fleet management, we collaborate with specialized service providers for vehicle tracking and maintenance.
Marketing and Communication Services: We may engage with third-party marketing platforms to communicate with our users about updates, offers, and service-related information, subject to user consent.
Data Controller and Data Processor Relations
Definitions and Roles
Data Controller: USHIPPER, in its capacity as the entity determining the purposes and means of processing personal data collected through our services, acts as the Data Controller. This role entails deciding how and why personal data is processed, ensuring compliance with applicable data protection laws and regulations.
Data Processor: Any third-party service provider, partner, or entity that processes personal data on behalf of USHIPPER, under our instructions, is considered a Data Processor. This includes entities involved in payment processing, customer support, vehicle tracking and maintenance, and analytics services.
Responsibilities and Compliance
Data Processing Agreement (DPA): USHIPPER enters into a Data Processing Agreement with all Data Processors. These agreements specify the data protection obligations of the processors, including the purpose of processing, the type of data to be processed, processing instructions, and measures to ensure the security of the data.
Security and Confidentiality: Data Processors are required to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of the data processing activities, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.
Sub-processing: Data Processors must not engage any sub-processors without the prior written consent of USHIPPER. Any approved sub-processing activities must adhere to the same data protection obligations specified in the DPA.
Audit and Compliance: Data Processors must make available to USHIPPER all information necessary to demonstrate compliance with the obligations laid out in the DPA and allow for and contribute to audits, including inspections, conducted by USHIPPER or another auditor mandated by USHIPPER.
Data Breach Notification: In the event of a data breach affecting personal data processed on behalf of USHIPPER, Data Processors are required to promptly notify USHIPPER without undue delay and assist in the investigation, mitigation, and remediation of the breach.
User Rights
Assisting with User Rights: Data Processors are required to assist USHIPPER in fulfilling its obligation to respond to requests for exercising the data subject’s rights under applicable data protection laws (e.g., rights to access, rectification, erasure, data portability, restriction of processing, objection to processing).
This provision clarifies the relationship between USHIPPER and its Data Processors, ensuring that data processing activities are conducted in a manner that respects the privacy and security of user data and complies with applicable legal requirements.
Children’s Data Privacy
We are committed to respecting children’s privacy online and strictly adhere to the Children’s Online Privacy Protection Act (COPPA) as well as California’s children’s privacy laws. We do not sell products for purchase directly by children. While some of our products may be intended for use by children, they are designed to be purchased by adults. Our website is not designed to encourage transactions with or to obtain information from children. If you are under 18 years old and wish to take action on our site, you must have an adult complete the transaction for you. If we become aware that we have collected personal information from a user under 13 without parental consent, or if we learn that a user under 18 has purchased without adult involvement, we will take immediate steps to delete that data and the order will not be processed.
Notices
NOTICE OF COLLECTION: USHIPPER maintains transparency in our data collection practices. We clearly communicate the types of data we collect, such as transaction details, location data, and user interactions, along with the purposes for which this data is used, like service optimization and customer experience enhancement.
SHARING AND SALE OF PERSONAL INFORMATION, PROCESSING FOR TARGETED ADVERTISING, AND PROFILING: We assure our users that USHIPPER does not engage in the sale of personal data. Any data used for targeted advertising or profiling is anonymized, ensuring user privacy is respected and protected.
DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE: We are transparent about disclosing personal information for business purposes. Such disclosures are necessary for providing our transportation services, maintaining user accounts, or complying with legal requirements. We ensure users are well-informed about these practices.
NON-DISCRIMINATION: We are committed to upholding your privacy rights, and we want to make it clear that exercising these rights will not result in any form of discrimination. Your choice to exercise privacy rights, such as opting out of certain data processing activities, will not affect the quality of our services or your experience on our website. We respect your decisions and are here to support your privacy preferences.
International Data Transfers and Global Compliance
Location Data Security
Your Privacy Options
Modifications
Contact Us
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Privacy Policy (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable JAMS Comprehensive Arbitration Rules or applicable law, the arbitration will take place in Miami-Dade, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami-Dade, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens concerning venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Privacy Policy be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Separate Agreements
Force Majeure
Entire Agreement