AlertGPS Client Privacy Policy

Last updated: September 15, 2021

At AlertGPS, we take the privacy of our Clients seriously and have created policies designed to ensure we maintain your trust.

The cornerstone of our privacy policy is very simple: AlertGPS does not share your data with anyone except 3rd party vendors involved in the delivery of the services for which you have contracted, and then only to the extent required to provide the contracted service.  AlertGPS never sells or shares your data with advertisers, marketers, or data brokers.

When we process your personal data, we comply with all applicable data protection and privacy laws.

Our Services are provided pursuant to a MSA or similar agreement between Us and a Client.  In the performance of the Services, we have access to certain information, including Personal Data and Client Information.  This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Personal Data and Client Information when You use the Service and describes the related privacy rights.

We use Personal Data and Client Information solely to provide the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

From time to time, we may modify or supplement this Privacy Policy.

Interpretation and Definitions

Interpretation

Capitalized terms have meanings defined in this Privacy Policy, and have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for Client to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application means any software program provided by the Company as part of our Service, including our Dashboard and the AlertGPS Mobile app.

Client means an entity or other person contracting with Us to provide the Services.

Client Information means information related to a Client, including organizational structure and contact information.

Company (referred to as any of “AlertGPS”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Location Based Holdings, Corp dba AlertGPS., 3219 E Camelback Rd. #809, Phoenix, AZ 85018.

Dashboard means our cloud-based portal.

Device means any device that is a part of or that can access the Service, such as a computer, a cellphone, a digital tablet, or an AlertGPS device.

MSA means the Master Services Agreement or similar agreement covering Our relationship with You.

Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Service refers to the services that we provide to You, in connection with the applicable MSA, including through the Applications.

Service Provider means any natural or legal person who processes the data on Our behalf or who performs any element of the Services  or to assist the Company in analyzing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

User means the individual carrying the Device.

You means the individual accessing or using the Service (including a User) or the Client.

Collecting and Using Personal and Client Data

Types of Data Collected

Personal Data

In connection with Our Service, We may receive certain personally identifiable information that can be used to contact or identify You. The information is generally provided by the Client or by the User.  Certain information, such as usage date a geolocation information, is generated and collected as part of providing the Service.  Personally identifiable information may include, but is not limited to: email address; first and last name; phone number; address; and Usage Data.

Client Data

Client Data is provided by the Client, and may include operational, billing, procurement and similar contact information, as well as organizational structure and safety protocol

Usage Data

Usage Data is collected automatically when using the Service, and may be provided by the User or Client.

Usage Data may include information such as when a Device is active and connected to the Dashboard, unique device identifiers, and other diagnostic data.

When the Service is accessed by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device, the mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

Information Collected while Using the Application

While using Our Applications, in order to provide features of Our Applications, We may collect information regarding a User’s location.  We use this information to provide features of Our Service. The information may be uploaded to the Dashboard and/or a Service Provider’s server or it may be stored on Your Device.

Use of Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Client Account, including how many Devices are in use and who is a Client’s Users are.
  • For the performance of a contract, and specifically the applicable MSA.
  • To contact a User or Client, including by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications, related to the Service, including regarding updates or informative communications related to the functionalities, including the security updates, when necessary or reasonable for their implementation.
  • To manage Your requests: To attend and manage Your requests to Us, including customer service and technical support.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data or Client Information held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service and products, and your experience.
  • Other Legal Requirements: We may use or disclose Personal Data or Client Information in the good faith belief that such action is necessary to:
    • Comply with a legal obligation
    • Protect and defend the rights or property of the Company
    • Prevent or investigate possible wrongdoing in connection with the Service
    • Protect the personal safety of Users of the Service or the public
    • Protect against legal liability

We do not share Your information except in connection with the Services and administering Our relationship with you, and we do not sell your information.  For example, in addition to circumstances described above, We may share Personal Data and Client Information:

  • With Service Providers, related to the Service, including to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Personal Data and/or Client Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates related to the Service or our relationship with You, in which case we will require those Affiliates to honor this Privacy Policy.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.
  • Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary to provide the Services and for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data and/or Client Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with contractual obligations and/or applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating locations and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

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

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

Security of Your Personal Data

The security of Your information is important to Us, but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Email and Text Communications

Certain email and text communications are included as part of the Services.

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Definitions

The following definitions apply for purposes related to the CCPA:

Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.

CCPA means the California Consumer Privacy Act.

Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business (other than the Consumer’s employer or entity through which a Consumer has a contractual relationship, to which we provide Services pursuant to an MSA) or a third party for monetary or other valuable consideration.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents in connection with the Service.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information in connection with providing the Service:

  • Identifiers, such as your name, address, email address, phone number, unique device identifiers and other similar identifiers
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), which may overlap with the “Identifiers” listed above.
  • Commercial information, such as records of products and services purchased
  • Dashboard usage, Device usage or other similar information related to the usage of the Services
  • Geolocation data, such as location data from Your Device in connection with the Service.
  • Other personal information, such as movement data or alert events collected in connection with the Service.

Under CCPA, personal information does not include:

  • Publicly available information from government records
  • De-identified or aggregated consumer information
  • Information excluded from the CCPA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
  • Indirectly from You. For example, from observing Your activity on our Service.
  • Automatically from You. For example, through geolocation data generated by using the Service
  • From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:

  • To operate our Service and provide You with our Service.
  • To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
  • To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
  • For internal administrative and auditing purposes.
  • To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

When We disclose personal information in connection with the Service, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

We do not sell Personal Data, including personal information of Consumers, or Client Information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

  • The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your 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 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
  • The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our 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 (including Your applicable MSA).
    • 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.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
    • Comply with a legal or contractual obligation, including under Your MSA.
    • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

By email: info@alertgps.com

By phone: 888-334-3958

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
  • 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 the required information if We cannot:

  • Verify Your identity or authority to make the request
  • And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

Children’s Privacy

AlertGPS provides services designed to keep mobile workers safe on the job.  Our Service can only be accessed by employees of our enterprise customers, and access requires an authenticated login.  Our Service is not available for use by, and cannot be accessed by, children.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

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

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

Contact Us

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

By email: info@alertgps.com

By phone: 888-334-3958