Proton Driver Privacy Policy


Last updated: October, 2022

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the Services and tells you about your privacy rights and how the law protects you.

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.

We use your personal data to provide and improve the services. By accessing and/or using the platform or otherwise providing us with your personal information, you agree that you have read, understood and agree to all the terms and conditions of this Privacy Policy, and specifically that you consent to the collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Interpretation and Definitions

Interpretation

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.

Definitions

For the purposes of this Privacy Policy:

  • 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

Personal Data

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

Usage data is collected automatically when using the Services.
 

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.
  • For other purposes: From time to time, we may use your personal information for a specific purpose not contemplated by this Privacy Policy.  In such an event, we will specifically disclose that use to you. We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, Services, marketing and your experience. For clarity, Proton does not and will not use any information provided by you and/or generated by your use of the Platform or Driver App to supervise or control you in performing services arranged using the Platform or Driver App.
  • 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.
  • Enforce our rights: When you access or use our Platform, you are bound by our Terms of Use and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of these legal provisions as well as enforce our agreements with third parties and business partners.

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 Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • 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 retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

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.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the company is involved in a merger, acquisition or asset sale, your personal data may be transferred. We will provide notice before your personal data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

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.

Retention period:

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.

Storage area:

Your personal information is generally stored within the area where the Services is used. If it is necessary to provide your personal information externally, we will strictly follow the law. Security measures: We attach great importance to information security. We will collect, use, and store your user information in accordance with the security standards and norms required by law, and inform you of the purpose and scope of use of the relevant information through the user agreement and privacy policy. We will conduct data security training for employees to strengthen employees’ awareness of the importance of personal information.

Security event notification:

Register for email notification by default.

Your rights

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.

Third-Party Sites

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.

Children’s Privacy

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 support@yamimeal.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

Our services may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

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.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. We will notify you of any changes by posting the new Privacy Policy on this page. If you object to any changes, you must cease using the Services. Your continued use of the Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

We will let you know via email and/or a prominent notice on our services, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

  • By email: support@yamimeal.com
  • 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