In App Terms and Conditions

 

Last Updated July 22nd, 2022

 

Thank you for selecting the Services offered by Trucker Tools, LLC (f/k/a truckertools.com LLC) and its Affiliates (referred to as “Trucker Tools”, “we”, “our”, or “us”) on this website and related applications. This document consists of two parts: the Terms of Use of Trucker Tools applications and web sites, and a privacy policy that describes what information we collect from our users and how we may use it. Please review both parts (together “Agreement”) thoroughly. This Agreement is a legal agreement between you and Trucker Tools. By clicking “I AGREE,” indicating acceptance electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services.

 

I. Terms of Use

 

1. SCOPE

 

1.1 This Agreement describes the terms governing your use of the Trucker Tools services provided to you on Trucker Tools applications and websites, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

  • Trucker Tools Privacy Statement below.
  • Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.

 

1.2 An “Affiliate” means all Trucker Tools companies and subsidiaries that directly or indirectly, control or are controlled by Trucker Tools, or are under the common control with Trucker Tools. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.

 

2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS

 

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Trucker Tools reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Trucker Tools grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Trucker Tools on the website for the Services.

 

2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Trucker Tools in writing, you agree you will not:

  • (a) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services, without Trucker Tools express written consent, which may be withheld in Trucker Tools sole discretion;
  • (b) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  • (c) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or
  • (d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
  • (e) Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
  • (f) Attempt to access any other Trucker Tools systems that are not part of these Services.
  • (g) Excessively overload the Trucker Tools systems used to provide the Services.
    If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Trucker Tools in its sole discretion.

 

2.3 You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Trucker Tools as soon as possible.

 

2.4 The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

 

2.5 You are responsible for your own actions while using the Services. In particular, you should not use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others.

 

3. Online and Mobile Alerts

 

3.1 Trucker Tools may from time to time provide automatic alerts and voluntary account-related alerts.

 

3.2 Automatic alerts may be sent to you following certain changes made to your Trucker Tools account, such as a change in your account information. Trucker Tools may also deliver alerts to your computer, mobile phone or other method using the Services that you select regarding promotions, sales advertisements and other information based on your preferences and the operation of the Services.

 

3.3 Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Trucker Tools may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

 

3.4 Electronic alerts may be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

 

3.5 Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.

 

4. PAYMENT

 

For Services offered on a payment or subscription basis, the following terms apply, unless Trucker Tools notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

 

4.1 Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

 

4.2 You must pay with one of the following:

  • (a) A valid credit or debit card acceptable to Trucker Tools;
  • (b) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
  • (c) By another payment option Trucker Tools provides to you in writing.

 

4.3 If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

 

4.4 Trucker Tools will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.

 

4.5. Additional cancellation or renewal terms may be provided to you on the website for the Services.

 

5. TRIAL PERIOD

 

If you registered for a trial use of the Services (“Trial Period”), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, you will not be able to access or retrieve any of the Content you added/created during the trial.

 

6. CONTENT (APPLICABLE TO ADVERTISERS AND RETAILER CUSTOMERS)

 

6.1 You warrant and represent that you own or otherwise control the rights to the promotions, advertisements, menus and other information provided to Trucker Tools for distribution using the Services (the “Content”) and grant Trucker Tools a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Trucker Tools is not responsible for the Content or data you submit on the website.

 

6.2 You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  • (a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  • (b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
  • (c) Except as otherwise permitted by Trucker Tools in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  • (d) Virus, trojan horse, worm, spyware, spamware or other disruptive or harmful software or data; and
    (e) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

 

6.3 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco, alcohol products and any other products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Services, could cause Trucker Tools or its affiliates to violate any law, statute or regulation. Additionally, Trucker Tools may require you to place all or any portion of the Content behind password protection if Trucker Tools determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. Trucker Tools reserves the right to terminate this Agreement upon violations of this section.

 

6.4 Social networking. The Services may include social networking features to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Trucker Tools does not support and is not responsible for the accuracy of others’ content in these features. Do not reveal information in the social networking features that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Trucker Tools is not responsible.

 

6.5 Trucker Tools may freely use feedback you provide. You agree that Trucker Tools may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Trucker Tools a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Trucker Tools in any way.

 

6.6 Trucker Tools may monitor your Content from time to time. Trucker Tools may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Trucker Tools or its customers, or operate the Services properly. Trucker Tools, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

6.7 You hereby acknowledge that Trucker Tools may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by Trucker Tools. You further acknowledge and agree that Trucker Tools reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

7. OTHER TRUCKER TOOLS AND THIRD PARTY PRODUCTS AND SERVICES

 

7.1 We may tell you about other Trucker Tools services. You may be offered other services, features, products, applications, online communities, or promotions provided by Trucker Tools. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.

 

7.2 We may tell you about third party products or services. If you decide to use any third party products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Trucker Tools, are responsible for their product’s performance and the content on their websites. Trucker Tools is not affiliated with these third party products or third party sites and has no liability for them.

 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUCKER TOOLS, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Trucker Tools AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

 

8.2 TRUCKER TOOLS AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

 

8.3. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TRUCKER TOOLS, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW AND $100. TRUCKER TOOLS AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TRUCKER TOOLS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TRUCKER TOOLS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TRUCKER TOOLS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

 

9. INDEMNIFICATION

 

You agree to indemnify and hold Trucker Tools and its Affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Trucker Tools reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Trucker Tools in the defense of any Claims.

 

10. CHANGES TO THIS AGREEMENT OR THE SERVICES

 

We may change this Agreement from time to time, and the changes will be effective when posted on Trucker Tools website for the Services, through Trucker Tools mobile applications or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Trucker Tools posts or otherwise notifies you of any changes, indicates your agreement to the changes.

 

11. TERMINATION

 

11.1 Trucker Tools may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Trucker Tools rights to any payments due to it. Sections 1.2, 6, 8 through 13 and Part II will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

 

11.2 You may cancel your account or any part of the Services at any time; provided that Trucker Tools will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must email or send us in writing your intention to cancel your subscription before your subscription is renewed automatically as per 4.4 section above. Trucker Tools reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).

You must provide us with the following information in order for us to process the cancellation:

  • a. The exact name of the Services that you would like to cancel
  • b. Your username and password
  • c. Your email address and a valid telephone number where we may reach you with any questions
  • d. Your billing information, including the credit card number that was used when purchasing the Services
  • e. Reason for canceling the Services

Upon termination of your account for any reason, Trucker Tools reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Trucker Tools be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.

 

12. COPYRIGHT AND TRADEMARK NOTICES

 

All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Trucker Tools, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Trucker Tools (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of Trucker Tools. Any rights not expressly granted herein are reserved. Trucker Tools, Trucker Tools, the Trucker Tools logo, other Trucker Tools logos and product and service names are trademarks of Trucker Tools, LLC (the “Trucker Tools Marks”). You agree not to display or use the Trucker Tools Marks in any manner whatsoever without Trucker Tools prior permission.

 

13. GOVERNING LAW AND JURISDICTION

 

Virginia state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Trucker Tools agree to the exclusive jurisdiction of state courts in Fairfax County, Virginia U.S.A. or federal court for the Eastern District of Virginia. Trucker Tools does not represent that information on the website for the Services is appropriate or available for use in all countries. Trucker Tools prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

 

14. GENERAL

 

This Agreement is the entire agreement between you and Trucker Tools and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 9 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Trucker Tools. However, Trucker Tools may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Trucker Tools or (c) a successor by merger. Any assignment in violation of this Section shall be void.

 

II Privacy Policy

 

At Trucker Tools, we take your privacy very seriously. Our primary goal in collecting information from you is to provide you with a smooth and customized experience while you use our services. Except as otherwise contemplated in this Privacy Policy, we do not disclose any personally identifiable information about you to any third party without your permission, unless we believe in good faith that we are required to do so by law. We do share aggregated information about our users with third parties, such as advertisers or partners, for marketing and promotional purposes.

 

1. What information does Trucker Tools gather and track?

In general, we collect information about you in the following ways:

 

1.1 Registration

When you register for any of the Trucker Tools Services we ask you how you heard about Trucker Tools. The more information you provide (and the more accurate it is), the better we are able to customize and provide our services to suit your needs and preferences. When you register for one of the Trucker Tools Services, we may ask that you give us non-personal information such as the purpose for which you will be using a web site. We also ask that you give us personal information such as your name, email address, zip code, country, gender and birth date. When you register for a subscription-based service, we ask that you provide us with additional information, such as your mailing address, credit card number and credit card expiration date, your company name, billing address, your role in your company, number of years of company’s existence, and phone number.

 

1.2 Usage Tracking/Hardware/Software/Cookies
While you use any of our Services, we automatically track information related to your use of the Services. This information may include (among other things) Content viewed by users and a user’s path through our Services. There is also information about your phone and/or computer hardware and software that is automatically collected by Trucker Tools when you are using Trucker Tools mobile applications or web sites. This information can include information such as: your phone platform, browser type, type of operating system, type of Java virtual machine, Internet connection speed, access times and identification of any software program or hardware which has previously caused technical problems with the Trucker Tools product(s). Trucker Tools does not link the information that it collects in cookies to any personally identifiable information that you may submit. In addition, when you connect to any of our web sites directly or through Trucker Tools applications, we will detect your IP address and store a cookie on your phone or computer.

 

1.3 Technical Support/Information
When you request technical support or information for Trucker Tools Services, we ask you for your personal information and other information necessary to answer your question or resolve your problem.

 

1.4 Promotions or Contests
When you enter a contest or promotion sponsored by Trucker Tools and/or our partners, we ask for your contact information so that our partners or we can administer the contest or promotion, and notify winners.

 

1.5 Surveys/Questionnaires
We occasionally ask Trucker Tools Users or visitors to fill out optional surveys and/or questionnaires. These surveys/questionnaires may ask for demographic information, shopping or dining habits, information about computer use and other information pertinent to provision of the Services.

 

1.6 Other Information You Give Us
When you use the Trucker Tools Services, we may collect any information that you enter or give us in any other way in order to contact you about Trucker Tools Services. Additionally, if you want to learn more about our products or services, we may request that you fill out a form in which we ask for information such as your first/last name, mailing address, email address, as well as your phone number. We only use this information to contact you in order to provide you with information about Trucker Tools products and services, answer any questions that you may have, and/or help you sign up for the Trucker Tools Service of your choice.

 

2. How does Trucker Tools use my information?

 

2.1 Trucker Tools uses your information on an aggregated basis to do such things as operate and enhance our Services, including accurately targeting promotions to users. We statistically analyze site usage, including the behavior of our users, to improve the content, layout, and services of the Trucker Tools web sites, as well as to enhance our marketing and promotional efforts.

 

2.2 We share aggregate information about our Users with third parties, such as advertisers or partners, for marketing and promotional purposes. However, except as otherwise contemplated in this Privacy Policy, we do not disclose any personally identifiable information about you to any third party without your permission or as otherwise required by law.

 

2.3 We use the information we collect to better understand your needs. Additionally for the Trucker Tools subscription Services we use the information we collect to process payments, confirm renewal charges or payments to your account, administer your account and the like.

 

2.4 Finally, we may use the information we collect to occasionally notify you about important functionality changes to the web site, new Trucker Tools Services, and special offers (including promotion of our product or third party products) we think you’ll find valuable. Except for communications sent to you regarding material company announcements or policy changes, if you would rather not receive this information you can indicate your preference in your account.

 

3. Does Trucker Tools share user account information?

 

As a general rule, except as otherwise contemplated in this Privacy Policy, Trucker Tools will not disclose any of your personal information without your permission, except under special circumstances, such as when we believe in good faith that the law requires it.

 

3.1 Business Partners: In addition to disclosing personal information to agents who provide services to you on Trucker Tools behalf, Trucker Tools may disclose your personal information to business partners, but this is specifically described to you prior to data collection or prior to transferring the data. Our business partners have separate privacy and data collection practices. Trucker Tools has no responsibility or liability for these independent policies. For more information regarding the partner or service and their privacy policies, return to that partner’s home page and click on their Privacy Policy link.

 

3.2 Agents: We may employ other companies and individuals who are subject to confidentiality obligations, to perform functions on our behalf. Examples include, but are not limited to, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing customer service, and collecting and processing payments for the Trucker Tools subscription Service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

 

3.3 Promotions, Sweepstakes/Contests: Some Trucker Tools promotions, sweepstakes/contests may require that you provide additional information, such as your mailing address or credit card number. Such information may be shared with a third party if such third party is sponsoring the event or if the information is necessary in order to administer the service or process your transaction.

 

3.4 Some Trucker Tools promotions and sweepstakes/contests may also offer opportunities to request additional information from sponsors and/or may require that you share some basic information in order to participate. By requesting more information or by participating, you give Trucker Tools permission to transfer your personal information to the sponsor or partner so they can fulfill your request.

 

3.5 Legally Compelled Disclosure and Other: Trucker Tools may disclose or access account information when we believe in good faith that the law requires it or for the protection of our legal rights. Trucker Tools may also disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms Of Service. We can disclose any personal information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with a violation of the Terms Of Service, an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.

 

4. How secure is my account information?

 

4.1 Trucker Tools uses industry standard efforts to safeguard the confidentiality of your personally identifiable information, such as firewalls and Secure Socket Layers. We make every effort to protect the loss, misuse, and alteration of the information under our control. In addition, we always use a secure connection when collecting personal financial information from you. However, no data transmission over the Internet can be guaranteed to be 100% secure.

 

4.2 Your Trucker Tools account is password-protected so in addition to those partners or agents who may provide you services, only you and those you designate can access it and view the user information relevant to your account. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Remember to log out of your Trucker Tools account and close your browser window when you are done. This ensures that others cannot access your personal information if your computer is accessible to others.

 

5. How do I opt out of receiving messages from Trucker Tools?

 

5.1 Except as otherwise contemplated in this Privacy Policy if you do not want to receive messages from Trucker Tools about new features or products, tips on product use, and promotions, you can indicate your preference by clicking the respective box of your choice. You can opt-out of receiving such information by logging into your account and visiting the “Update Profile” section within the “Manage Account” page, if available, or you can click on the “Opt-Out” link in email sent to you with promotions etc.and completing the Opt-Out form. If you would ever like to start receiving messages, you can always update your profile accordingly.

 

5.2 Since it is necessary for us to contact you regarding certain matters, you may not opt-out of receiving messages relating to material company announcements or policy changes, or administrative matters relating to your account, like billing, collections, customer support or the like.

 

5.3 If you have been contacted by Trucker Tools as a result of information you entered on any of our Services or if you provided your personal information to Trucker Tools for the purposes of receiving more information about a Trucker Tools Service before choosing to sign up as a User, and you no longer want to be contacted by Trucker Tools, you can click on the “unsubscribe” link at the bottom of any email you receive and Trucker Tools will remove you from the list of those who will be contacted with more information about the Trucker Tools service.

 

6. What are cookies and how does Trucker Tools use them?

 

6.1 Cookies are small pieces of information stored on your phone or hard drive, not on our site. The use of cookies is an industry standard, generally used by most major Web sites to improve their services. Trucker Tools uses cookies because they allow us to store your password without your having to constantly re-enter it. Cookies can also help us track your behavior on our site so that we can tailor our marketing message to better match your needs and interests. Finally, by tracking behavior on our site, cookies allow us to better understand how users use our Services, which in turn helps us focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our Services may not work properly if you do so.

 

6.2 Trucker Tools may place advertising on our Services that originates from outside advertisers and/or advertising agencies, and may use the services of third party companies to display such advertising. For more information regarding the advertiser and/or advertising agencies and their privacy policies, return to that advertiser’s home page and click on their Privacy Policy link. In some cases, if you click on or view these ads, the advertiser may assign you a cookie. Trucker Tools does not control these cookies.

 

7. How does Trucker Tools notify users of changes to the Privacy Policy?

 

7.1 This policy is periodically reviewed by Trucker Tools and may be subject to change. Therefore, please check this Privacy Policy periodically and you may refer to the date posted at the top of this page to determine when this policy was last updated. Use of the Services constitutes consent to any policies then in effect.

 

7.2 If we are going to use your personally identifiable information in a manner different from that as provided in our Privacy Policy at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Services notifying users of the change. In some cases where we post the notice we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

 

8. Trucker Tools and Children

 

Trucker Tools is not intended for use by children under the age of 13. We do not knowingly collect personal information from children. Please do not use Trucker Tools if you are under the age of 13.

 

9. ELD Privacy Policy

 

Integrating your GPS/ELD/telematics devices with Trucker Tools is used only for the purpose of providing visibility on active Trucker Tools broker customers’ loads within the Trucker Tools Load Tracking platform. Trucker Tools only pulls data when a truck is assigned to an active load and the only data we read and display are as follows:

  • Vehicle identifier/asset ID (tractor number, trailer number, personID or device ID)
  • Latitude/longitude coordinates
  • Corresponding timestamp

 

Trucker Tools calls the provider’s API with the API key/credentials the carrier shared to pull the location data for the assigned truck at a frequency of every 5-20 minutes. We display the last known location of the assigned truck on the broker’s load within their Load Tracking account. This data may also be sent to the broker’s TMS if they have a TMS integration with Trucker Tools for Load Tracking.

 

This data is not accessible to Trucker Tools broker customers at any time and is only provided to the broker on the load while the load is in progress. Brokers outside this load cannot access this data. Trucker Tools does not share any collected data used for visibility outside the load’s specific broker and carrier. This data is saved to the load until it is archived 3 months after the load’s scheduled delivery date.