Last updated: October, 2022
Your access to and use of the services are subject to our Independent Contractor Agreement (“ICA”) Please make sure that you have carefully read and understood the ICA before you use the services. By using the services, you accept the ICA, and accept our privacy practices described in this policy. If you do not feel comfortable with any part of this policy or our ICA, you must not use or access the services.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Proton Technology, LLC. 6116 Walker Ave, Maywood, CA 90270.
- You refers to the individual accessing or using the services, or the company, or other legal entity on behalf of which such individual is accessing or using the services, as applicable.
- Application means the software program provided by the company downloaded by you on any electronic device, named Intime TMS.
- Services refers to the Application, and any other website or mobile application that links to this Policy, as well as during any written, electronic, and oral communications.
- Services Provider means any natural or legal person who processes the data on behalf of the company. It refers to third-party companies or individuals employed by the company to facilitate the services, to provide the services on behalf of the company, to perform services related to the services or to assist the company in analyzing how the services is used.
- Account means a unique account created for you to access our services or parts of our services.
- Device means any device that can access the services such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Usage Data refers to data collected automatically, either generated by the use of the services or from the services infrastructure itself (for example, the duration of a page visit).
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United States.
- State refers to California
Collecting and Using Your Personal Data
Types of Data Collected
While using our services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
- Email address;
- Phone number;
- Usage data.
Usage data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, and the pages of our services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Services by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device.
Information Collected while Using the Application
While using our application, in order to provide features of our application, we may collect, with your prior permission:
- Information regarding your location. The app collects location data to make sure drivers don’t deviate from their expected route even when the app is closed or not in use.
- Pictures and other information from your device’s camera and photo library.
We use this information to provide features of our services, to improve and customize our services. The information may be uploaded to the company’s servers and/or a services provider’s server or it may be simply stored on your device.
You can enable or disable access to this information at any time, through your device settings.
Information Related to Deliveries
When you participate as a driver through the Services, we may also collect and store information related to your deliveries, including:
- Date and time of the log-in;
- Delivery acceptances and declinations and your acceptance rate and cancellation rate;
- The number of deliveries you make;
- The date and time of delivery acceptances, declinations, cancellations, pick-ups and completions;
- The amount of time to complete a delivery;
- Delivery route information;
- Tips amount;
- Customer ratings and other feedback;
- Attribution and user’s conversion path;
- Your real time location.
Use of Your Personal Data
The company may use personal data for the following purposes:
- To provide and maintain our services, including monitoring the usage of our Services.
- To manage your account: to manage your registration as a user of the Services. The personal data you provide can give you access to different functionalities of the services that are available to you as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the services.
- To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To manage your requests: To attend and manage your requests to us.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our services users is among the assets transferred.
- To maintain legal and regulatory compliance: The Services are subject to certain laws and regulations which may require us to process your personal information. For example, we may process your personal information to provide you with tax documents, to fulfill our business obligations, or as necessary to manage risk as required under applicable law.
- For account and network security purposes: We care about keeping you secure and safe while using the Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity to prevent unauthorized users from gaining access to your information.
- To protect you and our business: We use your information to protect you and our business, including, without limitation, using information for fraud prevention, for enforcement of our ICA, to comply with the law, and to protect against security risks.
We may share your personal information, including but not limited to your contact information, vehicle information, location information, ratings, and other information, in the following situations:
- With Services Providers: We may share your personal information with services providers to monitor and analyze the use of our services, to contact you.
- For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- With business partners: We may share your information with our business partners to offer you certain products, Services or promotions.
- With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With your consent: We may disclose your personal information for any other purpose with your consent.
Retention of Your Personal Data
The company will also retain usage fata for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our services, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including personal data, is processed at the company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the company may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The company may disclose your personal data in the good faith belief that such action is necessary to:
- Comply with a legal obligation;
- Protect and defend the rights or property of the company;
- Prevent or investigate possible wrongdoing in connection with the Service;
- Protect the personal safety of Users of the Services or the public;
- Protect against legal liability.
Security of Your Personal Data
The security of your personal data is important to us, but remembers that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. If you know or have reason to believe that your account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please call us following the instructions in the contact us section below.
We save your personal information within the period required to provide services, but the law stipulates otherwise on the storage period, guaranteeing the safety and quality of the services, technically difficult to achieve, etc., after the expiration of the aforementioned storage period, we will extend the storage period within a reasonable range according to law or agreement. After the storage period is exceeded, we will delete or anonymize your personal information in accordance with legal regulations.
Security event notification:
Register for email notification by default.
Accessing and copying of your personal information:
You have the right to access and copying your personal information, subject to exceptions provided by law. You can check and copy your personal account information by logging into the Services. If you cannot access your personal information through the Services, you can contact us at any time through customer services. To ensure safety, we may verify your identity before you exercise your right of inspection and copying.
Withdrawal of consent:
We process your personal information based on your consent, and you can give or withdraw your authorization and consent at any time through the Services permission settings. When you withdraw your consent or authorization, we will no longer be able to provide you with the Services corresponding to the withdrawal of your consent or authorization and will no longer process your corresponding personal information. However, your decision to withdraw your consent or authorization will not affect the previous processing of personal information based on your consent or authorization.
Cancel your account:
When you stop using the Services, you need to follow the corresponding operation guidelines to cancel your account. Once you cancel your account, you will not be able to use the Services, so please proceed with caution.
Notification of services suspension in advance:
If the Services is forced to cease operation due to special reasons, we will notify you on the main page of the services or other appropriate means in accordance with the law, and stop collecting your personal information, and delete your personal information.
Response to your above request:
To ensure safety, you need to provide a written request to exercise your above rights, and we may verify your identity before processing your request. For your reasonable request, we do not charge fees in principle, but for repeated requests that exceed reasonable limits, we will charge a certain cost depending on the situation. We may refuse requests that are not permitted by law, are repeated without reason, or pose risks to the legitimate rights and interests of others.
Some of the functionality may be provided by third parties and the services may link to other third-party websites that are not controlled by Proton. These third parties are not under our control and Proton is not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.
Our services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us at email@example.com. If we become aware that we have collected personal data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
California Privacy Rights
If you are a user of the Platform and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below. Please allow up to 30 days for a response.
- By email: firstname.lastname@example.org
- By phone number: 844-844-9264
- By mail: 6116 Walker Ave, Maywood, CA 90270
Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information and/or other sensitive personal information in any email correspondence with us