Ⅰ. Information Vypin Collects
When you create an account with us to use the Platform as an End User, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your full name, phone number, email address, business postal addresses, and any other information that could be used to personally identify you. We may also request billing and payment information when you purchase products or services related to the Platform.
We also collect other information that you provide as part of registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), general information about your business and operations, and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to operate the Platform, to facilitate and complete transactions for you, and to respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your account information.
We may also combine your Personal Information with Non-Identifying Information and we may aggregate your information with information collected from other End Users to attempt to provide you with a better experience, to improve the quality and value of the Platform, and to analyze and understand how the Platform is used.
The Platform collects information from your mobile or computing device, asset beacons, transmitters, and other hardware used by or on behalf of you in connection with your access to and use of the Platform that we refer to as “Usage Data.” Usage Data includes data collected by asset beacons and transmitters, such as location, time, orientation, vibration, temperature, humidity, device identification, battery level, signal strength, device health, and other environmental and device status data, as well as information collected from the computing or mobile device you use when you access the Platform through a Website or by using a mobile application, such as the manufacturer and model of your mobile device, your Internet Service Provider (“ISP”); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; pages of the Website that you visit, the time spent on those pages or interacting with certain portions of the mobile application, information you search for on the Platform, Website and mobile application access times and dates; and other statistics.
Usage Data includes geolocation data. The Platform collects geolocation data automatically from certain hardware used with the Platform (e.g., fixed gateways) and your mobile device to enable core functionality of the Platform as an asset monitoring, tracking, and management system. Your particular use of the Platform will determine whether the geolocation data collected by the Platform is identifiable to a specific End User or other individual (e.g., if the Platform is used specifically to monitor people or if the Platform is configured to identify certain hardware used with the Platform to a particular individual, such as a truck driver). The Platform will request your express permission to collect geolocation data from your mobile device if you use a mobile application to access the Platform.
Usage Data may be non-identifying or it may be associated with you. We may also combine Usage Data we collect from you with other information provided by you or that we receive from other sources. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.
Ⅱ. How Vypin Collects Information
Vypin may use a number of different techniques and technologies to collect Personal Information, Non-Identifying Information, and Usage Data when you access and use the Platform.
The operation of the Platform is driven principally by the collection of Usage Data from the asset beacons, transmitters, and other hardware used by or on behalf of you in connection with your access to and use of the Platform. This hardware is designed to collect, process, and communicate Usage Data, which, as described above, may include location, time, orientation, vibration, temperature, humidity, device identification, battery level, signal strength, device health, and other environmental and device status data. Different pieces of hardware may collect different types of Usage Data. For more information about the functionality of and information collected by any particular piece of hardware provided by Vypin or by a third party, please consult the documentation for such hardware.
Usage Data are collected from the computing or mobile device you use when you access the Platform through a Website using Web browser software or by using a mobile application. You agree that we may collect and use this Usage Data, including technical information about your device, system and application software, and peripherals, in order to facilitate the provision of the Platform to you, including to provide software updates, product support, and other services related to your use of the Websites and mobile applications to access the Platform.
Since cookies are now used as industry standard, most devices automatically accept cookies, but you can usually change your device’s settings to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features on the Platform will not be available to you once cookies are disabled.
Additionally, in some communications to End Users, Vypin may use a “click-through URL” linked to content on the Platform. When an End User clicks onto one of these URLs, the End User will pass through our server before arriving at the destination Web page. Vypin tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from Vypin.
Some Web browsers may be configured to send Do Not Track signals to websites, or Internet users may use similar mechanisms, to indicate the user’s preference that certain web technologies not be used to track the user’s online activity. The Platform does not accept or process such Do Not Track signals or similar mechanisms.
Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Platform, or post any information available for viewing by other End Users, any of the information that you share will be visible to other End Users. The information that you make available can be read, used, and collected by other End Users to send you unsolicited messages outside of the Platform. Vypin is not responsible for the manner in which the Personal Information that you decide to share using a public communication service will be used by other End Users.
If you buy something from us–a product from our Vypin.com website, for example–you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
If you subscribe to receive Vypin.com updates and notifications, we collect your email address only by your inputted submission.
Ⅲ. Use and Sharing of Information by Vypin
The End User information that Vypin collects is used by Vypin in order to provide the Platform to you; to process your transactions; to respond to your inquiries and otherwise communicate with you about your access to and use of the Platform; to analyze End Users’ behavior and use of the Platform; to improve the content and operation of the Platform; to develop the Platform and other Vypin products and services; and for our marketing and promotional purposes Vypin may send emails to you about the Platform and third-party products and services that may be of interest to you. If you do not want to receive email from Vypin, visit the “Opt Out” or “Unsubscribe” link at the bottom of any Vypin email to discontinue such email messages.
Vypin’s policy is not to share the Personal Information it collects from End Users with third parties other than as specified below, or where an End User expressly consents to our sharing of Personal Information with a third party. We may share End User Personal Information with third parties under the following circumstances:
Operation of the Platform
Depending on how the Platform is used by or implemented for a particular End User, the Platform permits an End User to share Personal Information with other End Users and third parties. For example, an End User truck driver providing services as an independent contractor for an End User distributor may use the Platform to disclose Personal Information in connection with the services being provided. End Users may control such sharing of Personal Information by choosing to use or implement the Platform in these ways, and Vypin uses commercially reasonable efforts to inform End Users about the functionality of the Platform that permits such sharing of Personal Information so that End Users may make informed choices.
Business Partners and Venders
We may provide Individual User Personal Information to our business partners and vendors in connection with providing the Platform. For example, we may provide Personal Information to business partners and vendors in order to provide the Platform or portions of the Platform on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the Platform’s features or functionality; and to assist us in analyzing how the Platform is being used.
With respect to some common uses of the Platform, we may provide User information, including Individual User Personal Information, to data analytics providers, data aggregators, and other data service providers to provide services that enhance the value of the Platform to Users. For example, where an Individual User truck driver uses the Platform when providing services as an independent contractor for a User distributor, we may provide information collected from the Individual User truck driver, including Personal Information provided by the Individual User truck driver, to a data services provider in order in increase the value of the Platform to the User distributor and a User customer of the distributor.
Our business partners and vendors may also use information we provide them in connection with their own products and services related to the Platform. For example, e4score, one data services provider that we share User information with analyzes and aggregates data in connection with products and services offered to the shipping and supply community. To learn more about the products and services offered by e4score and how it may use User information that we provide, please visit [INSERT LINK].
Under certain circumstances, you may avoid having Vypin share your Personal Information with its business partners and vendors by not granting Vypin permission to share your Personal Information in this way. Not granting Vypin permission to share your Personal Information with its business partners or vendors may limit your access to the Platform. If you have any concerns about how we may use or disclose your Personal Information in this way, please contact us using the contact information provided below.
As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy. In such transactions, Personal Information about End Users is often a transferred business asset. In the event that Vypin itself or substantially all of Vypin’s assets are acquired, Personal Information about our End Users may be one of the transferred assets.
Compliance with Law and Protection of Vypin and Others
We may release End User Personal Information when we believe, in our sole discretion, that release is appropriate to comply with the law, including but not limited to, in response to a subpoena served on Vypin; to enforce or apply the Agreement, including the Vypin Platform User Agreement and other agreements, rules, and policies applicable to an End User; to protect the rights, property, or safety of Vypin, our End Users, or others; and to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging End User Personal Information with other companies and organizations for fraud protection).
We may disclose aggregate or anonymized End User information (i.e., information that does not include Personal Information identifiable to a specific End User) to third parties for our legitimate business purposes, including to provide the Platform to End Users; to analyze End Users’ behavior and use of the Platform; to improve the content and operation of the Platform; to develop the Platform and other Vypin products and services; and for marketing and promotional purposes.
Ⅳ. International Transfer
By accessing and using the Platform, you acknowledge and agree that Vypin controls and operates all parts of the Platform from its offices in the United States of America and that the Platform is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, Vypin makes no representation that the Platform is appropriate or will be available for use in other locations.
Ⅴ. Changing or Deleting Your Information
All Individual Users who have created an account on the Platform may review, update, correct or delete the Personal Information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records indefinitely as required by law and for legitimate business purposes.
Vypin may disclose your personal information if required to do so by law such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, protect your safety or the safety of others, investigate fraud or comply with a judicial proceeding, court order or legal process served on Vypin or to protect and defend the rights or property of Vypin.
Notice to EU Individuals: As outlined in this Privacy Statement, Vypin will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, Vypin will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). Vypin may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Site, learning from your behavior on the Site (e.g., analyzing traffic) to better serve you and other Site users, helping us modify or enhance the Site and its content, receiving insight as to what users do (and don’t) like about our Site or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Site.
We employ administrative, physical, and electronic measures designed to protect your Personal Information from unauthorized access. For example, we use commercially reasonable security measures such as encryption and firewalls to protect End User Personal Information.
Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won’t be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to Vypin, you do at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Platform in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Ⅶ. California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously.
Can change your personal information:
- By emailing us
- By chatting with us or by sending us a support ticket
Ⅷ. Coppa (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old. We are committed to protecting the privacy of children. End Users must be at least thirteen (13) years of age to access and use the Platform. Any access to or use of the Platform by anyone under the age of thirteen (13) is unauthorized by Vypin. If Vypin believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, Vypin may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Platform (or any portion, aspect, or feature of the Platform), or (ii) delete any content or information that you have posted through the Platform.
Ⅸ. Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email and report the event to the right data protection authority within 72 hours of becoming aware of the event.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
Ⅹ. Can Spam Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
Ⅺ. In the Event of Sale or Bankruptcy
The ownership of the Site may change at some point in the future. Should that occur, we want this site to be able to maintain a relationship with you. In the event of a sale, merger, public offering, bankruptcy or other change in control of Vypin, your information may be shared with the person or business that owns or controls this site. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information. You will be notified as described below in “How will I know if the Privacy Statement is changed.”
Ⅻ. Contacting Us
4080 McGinnis Ferry Road, Suite 1205
Alpharetta, GA 30005
May 25th, 2018
- added Transaction and Billing Information (2 G)
- added Subscription Sign-up (2 H)
- added California Online Privacy Protection Act (7)
- added Coppa (8)
- added Fair Information Practices (9)
- added Can Spam Act (10)
- added In the Event of Sale or Bankruptcy (11)
- added information to reflect the requirements of the EU’s General Data Protection Regulation.