FORWARD THINKING SYSTEMS LLC

APPS PRIVACY POLICY

Last updated: September 7, 2022

INTRODUCTION.

have an obligation to safeguard your Personal Data.  This  Privacy Policy (this “Privacy Policy”) describes how Forward Thinking Systems LLC (“Forward Thinking Systems”, “we”, “us” or “our”) process, collect, share and otherwise use Personal Data (as defined herein) on behalf of our customers when you use our software applications for smartphones, tablets, and other devices published by Forward Thinking Systems (the “Apps”).  As data collected on the Apps is collected solely on behalf of our customers, we are only a processor of such data (as defined by the GDPR) and our customers are the controllers of this data (as defined by the GDPR).   The term “processor” shall also include a “service provider” and term “controller” shall also include a “business” as defined in the California Consumer Protection Act of 2018 (“CCPA”) or analogous terms in the applicable data protection laws.  Accordingly, please contact the relevant customer (e.g. your employer, if you are an employee of a Forward Thinking Systems customer), for more information about their privacy practices as to the data collected through or in connection with the Apps.  We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Policy.

Our collection, use, sharing and processing of Personal Data is also subject to the Terms of Service located at https://www.ftsgps.com/terms-of-use/ (the “Terms of Service”).

To the extent required under applicable laws, for purposes of this Privacy Policy, we process Personal Data under certain data protection laws, including, without limitation, the European Data Protection Regulation (“GDPR”).

  1. ACCEPTANCE OF PRIVACY POLICY.

ALL USE OF OUR APPS IS GOVERNED BY THIS PRIVACY POLICY AND THE TERMS OF SERVICE AS WE MAY UPDATE OR MODIFY THEM FROM TIME TO TIME IN OUR DISCRETION.  

PLEASE READ THIS PRIVACY POLICY CAREFULLY to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Apps.

BY ACCESSING OR USING THE APPS, on behalf of yourself and/or your company or organization, you agree and consent to our practices, as described in this Privacy Policy, regarding the collection, use, processing and disclosure of your Personal Data. You are also agreeing to comply with the requirements contained herein.   The Apps include, without limitation, the following software applications published by FTS:

  • DriveShield
  • FieldWarrior
  • Monarch
  • Titan

This Privacy Policy may change from time to time. Your continued use of the Apps after we make changes is deemed to be acceptance of those changes.  It is your responsibility to periodically check for updates.

2.   PROCESSING ACTIVITIES COVERED. 

  •  Information to Which this Privacy Policy Applies.

This Privacy Policy applies to Personal Data collected, stored, and processed  (generally, “processed”) by us when you use the Apps.

2.2  Information to Which this Privacy Policy Does Not Apply.

This Privacy Policy does not apply to information collected by:

  • Us offline or through any other means, including without limitation, on any third party website, or  
  • Any third party, including through any application or content (including advertising).
  • WHAT PERSONAL DATA DO WE COLLECT AND HOW WE COLLECT IT.
    •  Personal Data We Collect Directly from You. 

Personal Data” is any information that relates to an identified or identifiable individual.

Forward Thinking Systems collects a variety of personal data on behalf of its customers through the use of the Forward Thinking Systems Apps. The specific personal data collected through the apps is dependent on which Apps our customers choose to utilize and how they configure their settings.  Information that may be collected on the Apps include the following: 

  • User IDs
  • In app messages
  • User's Facial Photo (for facial recognition), location data, and device information
  • Analytics data and crash logs
  • User generated content
  • DeviceId
  • Inventory of installed Apps on a device
  • Records and copies of your correspondence (including e-mail addresses)

4.  WHY WE PROCESS YOUR PERSONAL DATA.

We process information that we collect from and/or about you, including Personal Data to perform services for you, to pursue our legitimate interests, and for other purposes, including:

  • Pursuant to our customers’ directions.
  • To provide the features available in the Apps, including but not limited to driver vehicle inspection and other reporting, route management, vehicle and trailer selection, log review and certification, dispatch communications, user authentication, and mobile device management.
  • We collect and use your personal data to gain insights into how the Apps performs. For example, we may use this data to monitor app health, diagnose and fix bugs or crashes, or to make future App performance improvements.
  • To provide you with customer support and communication and set up and manage user accounts.
  • To develop and improve the Apps.
  • To identify fraudulent activity.
  • To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Apps, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • HOW WE USE OR SHARE YOUR INFORMATION.

5.1. Disclosure of Your Information.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy or the Terms of Service:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business (e.g. our subprocesses). We may share Personal Data collected through our Apps with companies that perform services on our behalf, including companies that provide website development and hosting.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of Forward Thinking Systems’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data held by Forward Thinking Systems, or its affiliates, about the Apps users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us information regarding your areas of interest in the Apps.
  • To protect the rights, property or security of Forward Thinking Systems, our employees, our users and/or others
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your Personal Data:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.  We may disclose your Personal Data when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others.  We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you
  • To enforce or apply our Terms of Service and other agreements.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Forward Thinking Systems, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may also disclose aggregated information about you and other users that does not identify you or any other individual, without restriction.

We will not otherwise distribute, sell, rent, transfer, or otherwise disclose your Personal Data to any third party, except as provided for in this Privacy Policy or with you consent.

To facilitate our global operations, and in accordance with applicable laws and our customers’ instructions, we may transfer the personal data collected through our apps to, and access this data from, our offices, subsidiaries, affiliates and services providers in the various countries in which we or they operate (including the United States of America). Details about our subprocessors can be found                                       .

5.2  Choices for Personal Data.

We will ask for your consent prior to collecting or using Personal Data for any purpose other than those described in this Privacy Policy or other supplementary privacy notices. You may be given the option to opt out of some of our data-collection practices. If we propose to use Personal Data for any purpose other than those described in this Privacy Policy or other supplementary privacy notices, we will provide you with an effective way to opt out of such use. Please note that declining to submit Personal Data for any service may prevent us from being able to provide that service to you.

  • STORAGE AND INTERNATIONAL TRANSFER OF PERSONAL DATA.

The information that we collect from you may be transferred to, and stored at, a destination outside of your country of domicile. It may also be processed by employees, subcontractors and sub-processors (“Our Providers”) operating outside of your country of domicile who work for us, or on our behalf. Our Providers may be engaged in, among other things, the fulfilment of any requests and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. We take steps we believe reasonably necessary so that your Personal Data is treated securely and in accordance with this Privacy Policy.

Your Personal Data is currently processed and stored in the United States. 

Please note, not all countries provide the same level of data protection.  In this event, we will ensure that the recipient of your Personal Data offers an adequate level of protection in the country in which it is processed.

  • DATA RETENTION AND SECURITY.

7.1   Data Retention. 

We retain your Personal Data and information stored and collected through the Apps and Services for as long as we have a business or tax need or as applicable laws, regulations, or government orders require. When your information is no longer necessary or relevant for the identified purpose or to fulfill a legal or business requirement, we will use reasonable commercial efforts to securely dispose of and destroy your information collected through the Apps.

After expiry of the applicable retention periods, your Personal Data may be deleted.

7.2  Data Security.

We, or our Providers on our behalf, follow generally accepted standards, including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Personal Data we process or use. We are not responsible for circumvention of any privacy settings or security measures contained on the Apps.

Any transmission of Personal Data is at your own risk. If you have any questions about the security of the Apps, please contact us by using the information in the “Contact Information” section, below

If you have any questions about the security of the Apps, please contact us by using the information in the “Contact Information” section, below.

  • YOUR RIGHTS.

8.1.  Your Rights

You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws, these rights may include:

  • Right to Access.  Making a request (sometimes referred to as a “data subject access request) to access your Personal Data at any time. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Right to Correct or Rectify.  Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
  • Right to Erase/Delete.  Request erasure/deletion/removal of your Personal Data. This enables you to ask us to delete or remove your Personal Data where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Right to Object.  Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a 3rd party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Right to Restrict Our Processing.  Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
  • Right to Transfer.  Request the transfer of your Personal Data to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Data to perform a contract with you.  We will (unless there is an exemption) assist you by securely transferring your Personal Data directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine readable format.
  • Right to Withdraw Consent.  Withdraw consent at any time where we are relying on your consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Data to third parties for their direct marketing purposes in the preceding calendar year. We do not share Personal Data with third parties for their own direct marketing purposes.  California residents who have profiles on the Apps and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on the Apps.

8.2.  How to Exercise Your Rights.

To exercise your rights, please contact us by using the information in the “Contact Information” section, below. We try to respond to all legitimate requests within a reasonable time period and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than anticipated, taking into account the complexity and number of requests we receive. If you are an employee of a customer of ours, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

MISCELLANEOUS.

9.1  Changes To Our Privacy Policy.

 We reserve the right, at any time, to change, modify, or revise this Privacy Policy and the privacy and security practices discussed herein. We will post any revised version of the Privacy Policy on the Apps. If we make any significant, material changes to the Privacy Policy, we will modify the date on which this Privacy Policy was last revised as set forth at the top of this Privacy Policy. You are responsible for periodically visiting the Apps and this Privacy Policy to check for any changes.  Continued use of the Apps and our services following such changes constitutes your acknowledgment of them and agreement to be bound by their terms and conditions.

9.2  Children’s Privacy

We are committed to protecting the privacy of children and encourages parents and guardians to take an active role in their children’s online activities and interests. The Apps are not directed to children or designed to attract them. You must be at least 16 years of age to use the Apps and Services. We do not knowingly collect, use, or disclose Personal Data about users that are under 16 years of age. If we later learn that a user is under 16 years of age, we will remove that user’s Personal Data from our databases and prevent the user from further using the Apps and services. If you become aware that a user is under 16 years of age, please notify us immediately at [email protected] If you are a user who is identified in this manner, we may require you to submit suitable proof of age, such as a copy of government-issued identification, in order to continue using the Apps or Services.

9.3  Monitoring and Enforcement. 

In accordance with applicable laws, you may request access and raise concerns or complaints regarding your Personal Data processed by us with by contacting us: by email at [email protected]

If you file a complaint, we will investigate the matter or suspected failure to comply with this Privacy Policy. It is our practice to respond to you within 45 days of receiving the complaint. We will take all appropriate action to remedy any such issues.

Contact Information.

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at [email protected], or send to us at Forward Thinking Systems, LLC, 575 Jericho Turnpike, Suite 301, Jericho, New York 11753.  You may also call us at 1-866-221-1864