Privacy Policy

Privacy Policy

Last Updated: June 12, 2023

This Privacy Policy (the “Policy”) describes how Planimatik LLC, a Delaware limited liability company (together with its affiliates “Planimatik”, “us”, or “we”), collects, uses, and discloses information obtained from users of the Services provided through the Planimatik platform (the “Platform”), [either] accessed via the Planimatik website www.planimatik.com (the “Website”) or mobile applications (the “Apps”).

By visiting the Website, or using the Apps, the Platform or any of the Services therein provided, you agree that your personal information will be handled as described in this Policy. Your use of the Platform or the Services offered by Planimatik, and any dispute over their privacy, is subject to this Policy and our Terms of Service (the “Terms”), including the applicable limitations on damages and the resolution of disputes, a copy of which can be found here www.planimatik.com, and are incorporated by reference into this Policy. Capitalized terms not defined herein shall be as defined in the Terms.

The Information We Collect.

We collect information from you, and from third parties, through your use of the Website, the Apps, the Platform, or the Services.

The information we collect includes the information provided by Shippers when creating an Account to access the Platform (including, but not limited to names, email addresses, phone numbers, business tax IDs, postal addresses, profile pictures, vehicle registration information, insurance information, driver’s license information, truck information, Account usernames and passwords, and other information that you may choose to provide.). We may also collect financial or payment information, as well as billing addresses.[1]

‍We may also combine the personal information you submit directly through the Website, the Apps, and the Platform, with other personal information we have collected from you. We may also combine it with information we receive about you from other sources, such as Shippers, Brokers, or Carriers, as applicable, and other advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, data brokers, logistics and shipping companies, and other third parties.

Additionally, we may also collect information pertaining to[2]:

Domain names
Your browser type and operating system
Shippers, Brokers, or Carriers you interact with on Website and the Platform
Links you click on the Website and the Platform
Your IP address
The length of time you visit our Website and the Platform and or use our Services
The referring URL, or the webpage that led you to our Website and the Platform, if any.
Uses of the Information by Planimatik.

Planimatik uses your information, including your personal information, for the following purposes:

‍To provide the Services offered through the Platform, including, when applicable, sharing the information with third party service providers of Planimatik for the operational purposes of Platform.
Communicating with you and providing support throughout your use of the Website, the Apps, and the Platform; to respond to your inquiries; to provide troubleshooting, fulfill your orders and requests, process your payments, if any, and provide technical support.
Internal analyzing in the pursuit of improving the quality of the Services and usage of the Website, the Apps, and Platform, and for other internal planning research and analytical purposes.
Personalizing the usage of the Website, the Apps, and Platform, including the provision of Services for specific freight loads arranged between Shippers, and Brokers or Carriers through the Platform, and to otherwise personalize your experiences.
To send you newsletters, offers or other information we think may interest you; to contact you about our Services or information we think may interest you regarding the Services.
To investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of the Planimatik and its affiliates, any User or third party, or other unauthorized activities or misconduct.
To defend our legal rights, including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
For internal bookkeeping, auditing and financial control assessment, including, tax and accounting audits; audits and assessments Planimatik’s operations, privacy, security and financial controls, risk, and compliance with legal obligations.
To comply with the any legal obligations of Planimatik or its affiliates, including partaking in any legal process, and to comply with warrants, subpoenas, court orders, and any governmental, administrative, regulatory, or law enforcement requests.
To track the status and location of shipments transported through the Services and other related information relating to the use of the Services.[3]
Furthermore, this Policy in no way restricts or limits our use of aggregate data.

How We Share Your Information

Sharing your Information

Planimatik does not sell, trade, or rent personal information. Planimatik may share the information provided by you with other Users within the Platform at your direction. For example, any information provided by the Shippers when requesting a Bid and which is required to submit a Bid will be disclosed to their selected contacts (either Brokers or Carriers) wo are invited by the Shippers to gain access to the Platform and submit a Bid and, if and when the Bid is accepted, to finalize and complete the details of the proposed transaction. This information may include but is not limited to your personal information (name, phone number, email, company name), personal photo, vehicle information (truck/trailer plate, VIN number), insurance information, precise or approximate location with Shippers and Carriers, etc.[4]

Planimatik may share your information with the general public only if you provide content in a public forum, such as blog or social media posts, or other features of the Services that are visible to the general public, or within the Platform and the Website.

Planimatik may share your information with other people, as directed by you, relating to a particular service, or promotion rendered through the use of the Platform.

Planimatik may disclose and share the information collected with its subsidiaries, parent organization, and other business affiliates (collectively, the “Affiliates”) in accordance with this Policy and applicable laws. Notwithstanding the foregoing, any information received by Planimatik from the Users’ will not be used by Planimatik or any of its Affiliates to gain a competitive advantage, or in a manner that could be detrimental to the business of the User who shared it through its use of the Platform.

Planimatik may share your personal information with a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of its assets, or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets being transferred.

Planimatik may share your personal information (i) when required to comply with any legal, administrative, or governmental order, (ii) with a buyer or successor in the event of a merger, divestiture, restructuring, reorganization or other sale or transfer of some or all of its assets, (iii) as part of a bankruptcy, liquidation, or similar proceeding, where such personal information held by Planimatik may be among the assets being transferred.

We may share your personal information (i) when we believe it is necessary to protect our interests or property, (ii) to prevent fraud or other illegal activity perpetrated through the Website, the Platform, [and the Apps], through the use of the Services, or by using our name, or (iii) to protect the safety of any person. This may include sharing personal information with other companies, lawyers, agents, or government agencies. Nothing in this Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal information.

Planimatik may share your personal information after it is aggregated or otherwise depersonalized such that it is no longer considered personal information.

Platform, Website, and Apps Interaction Information

Platform, Website, and Apps interaction information is collected automatically and indirectly through the use of cookies, log files, web beacons, tags, or pixels when you access the Platform, the Website the Apps, or when you use our Services, for the business purpose of loading and administering the Platform, Website, and the Apps accurately and to perform analytics on usage to optimize functionality and aid our understanding of who are Users are.

Examples of Personal information we collect indirectly related to your device includes the version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Platform, the Website, and the Apps.

Storing, Tracking, and Mobile Data

In order to perform the Services, when you use certain features of the Platform, the Website or the Apps, we may receive, collect, store, and process different types of information about your location and that of your assets, including not only general information (for example your IP address, zip code, etc.), but also more specific location-related information and truck diagnosis (for example, GPS-based functionality devices used to access the Platform or specific features of the Platform, including tracking Users’ motor carrier vehicles and freight shipments, as well as extracting diagnostic information from trucks and other tracked assets).

If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you may disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. You must verify your device manufacturer’s instructions for further details.

We may track your precise location and that of your freight shipments or motor carrier vehicles. You understand and agree that Planimatik and its affiliates, agents or service providers may monitor your activities and locations, including your use of the Platform, the Website, or the Apps. Specifically, by using the Platform, the Website, or the Apps, you consent to us collecting and using personal information about you and your freight shipments or motor carrier vehicles to (i) administer the Services provided by Planimatik and (ii) electronically locate you or, if applicable, your freight shipments or motor carrier vehicles equipped with a GPS in conjunction with the provision of the Services.

User and Employee Consent

You acknowledge and agree that you are responsible for (i) advising your motor vehicle drivers or, when applicable, your employees and agents, if their assets or devices are equipped with GPS units, about how we may collect, use, and disclose information about them and their assets and (ii) obtaining whatever consents and waivers from third parties may be necessary in order for us to collect, use, and disclose such information. Your obligation to obtain any required consents exists regardless of whether we seek proof of you fulfilling your obligations.

Third Party Collection

Certain third parties may use automatic information collection technologies, including cross-site tracking technologies, to collect personal information about you or your devices. These third parties may include, but are not limited to, your internet service provider, your web browser, your mobile service provider, your mobile device manufacturer, online advertisers, and data analytics companies. Planimatik does not control these third parties or how they collect, use, or disclose your personal information. This Policy is not applicable to third party collection, use, or disclosure of your personal information. If you have any questions about the privacy practices of any third party, you should contact the responsible third party directly.

The Platform, the Website, and the Apps may contain links to our accounts on social media networks. Clicking on any such links means that the respective social media network will receive information on the website from which you accessed their platforms and may collect other personal information. It is also possible, if you are currently logged in as a user to such social media network in question, that they will link this information to your account with them[5].

Miscellaneous

If you have any questions about this Policy, or if you wish to modify personal information that you have submitted, please contact us at support@planimatik.com[6].

This Policy is current as of the date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website [and in the Apps] that give you access to the Platform. We will endeavor to provide you with notice in advance of any changes to this Privacy that materially affect your rights or our practices with regard to the personal information we have previously collected from you, either via e-mail or by highlighting the change on our Website and in the Apps.

Our Website, the Apps, the Platform and Services are not designed for children. If we discover that a child under 16 has provided us with any personal information, we will promptly proceed to delete such information from our systems and files.

Notice to California Residents[7]

Each capitalized term used, but not defined, in this section shall have the meaning given to such term in the California Consumer Privacy Act of 2018 (“CCPA”). If you are a resident of California, you may have the right to access the Personal Information we hold about you, to ask that your Personal Information be corrected, updated, ported, or erased, and to opt out of the sale of your Personal Information. If you would like to exercise these rights, please contact us through the means indicated at the end of this Policy. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us through the means indicated at the end of this Policy.

Please note the CCPA contains certain exceptions to applicability with respect to employees, job applicants and business contacts. These rights do not apply to California job applicants, employees, or business contacts.

Right of Access to Specific Information:

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:

The categories of Personal Information we collected about you;
The categories of sources for the Personal Information we collected about you;
Our business or commercial purpose for collecting, sharing, or selling that Personal Information;
The categories of third parties with whom we share that Personal Information;
The specific pieces of Personal Information we collected about you (also called a data portability request) and provide a copy to you in an electronic or paper format; and
The categories of Personal Information, if any, we disclosed for a business purpose to a third party.
Deletion Request Right:

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our contractors and service providers to delete) your Personal Information from our (and their) records, unless an exception applies (as described below).

As permitted by CCPA we may delete your Personal Information by (a) permanently and completely erasing the Personal Information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Information; or, (c) aggregating the Personal Information.

We may deny your deletion request if retaining the information is necessary for us or one of our contractors or service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal, regulatory or law enforcement obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, Correction, and Deletion Rights:

To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by calling using the contact information at the end of this Policy. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. To be verifiable, the Consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Upon receiving a data access, correction, data port or deletion request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above).

We endeavor to confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.

We will deliver our written response via email to the email address associated with you or you Account, if we are unable to determine your email address, via mail.

Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will not discriminate against you simply for exercising your rights under the CCPA.