This privacy policy describes the personal data (defined below) that AikSphere Technologies Inc. and its affiliates (“AikSphere”, “we”, “us” and/or “our”) collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data. Your privacy and the security of your personal data matters to us, so please get to know our privacy practices and contact us should you have any questions about your personal data.

COLLECTION AND USE OF PERSONAL DATA

Personal Data. “Personal data” is any information that relates to an identified or identifiable individual or as otherwise defined by an applicable data protection law or regulation. AikSphere may collect a variety of personal data about you in a number of ways:

• Personal data you provide directly. We may collect personal data that you provide directly, such as when you access our website, create a user account with us, register our products, or otherwise give us your name, email address, etc. You may also choose to submit personal data to us via other methods. E.g., in response to marketing or other communications; through social media or online forums; through participation in an offer, program or promotion; in connection with an actual or potential business relationship with us; or by giving us your business card or contact details at trade shows or other events. When you contact AikSphere, we may also keep a record of your communication to better support you in the future. From time to time, we may offer referral programs to refer prospective customers to us. Please refer a prospective customer and provide their personal data to us only if you have their permission. If you later find out you did not have such consent, please inform us as soon as possible.
• Personal data we collect automatically. We may automatically collect information about how you use and engage with our business (e.g., via our websites and/or applications), products and/or services over time, and some of this may be personal data. In addition, we may use cookies and other technologies to function effectively. For more information, please refer to the “Cookies and Similar Technologies” section of this privacy policy below.
• Personal data we collect from other sources. As mentioned above, we may receive your personal data via a referral. In addition, we may supplement other personal data we have collected with information from third parties or other publicly available sources. If the products and/or services you use are offered by one of our partners and you registered with such a partner, we may also receive your personal data from them. If applicable, you should also therefore carefully review our partner’s privacy policy, which may have different terms.

Categories of personal data we typically collect.  Depending on your interaction with our business, we may collect:

• Personal identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, government-issued identifiers, email address, phone number, account name, or other similar identifiers.
• Internet activity information, such as Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the web page that directed you to our services, the date and time of your visit, information about how you engage with us (e.g., the links or buttons you click and pages you view of our website or applications), whether an email was opened, and other standard server log information.
• Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consumption histories or tendencies.
• Professional information, such as your title.

Sensitive personal information. We do not collect any “sensitive personal information” as defined by the the “Personal Information Protection and Electronic Documents Act.” Government of Canada. 2000 (“PIPEDA”). Accordingly, we do not use, disclose, sell, or share “sensitive personal information.”

How we use personal data we collect. We collect, use, and store your personal data for the reasons set out below.

• Where the processing is necessary for us to administer our relationship with you. For example: 
  • creating and administering orders for you (including, if necessary, processing payments)
  • registering, maintaining and managing your account (e.g., email preferences) or for interacting with our business (e.g., via our website, telephone, video conferencing and/or email)
  • providing you with support and responding to your queries, feedback, claims and/or disputes
  • when visiting our offices or attending events
• Where necessary for AikSphere’s legitimate interests, and where our interests are not overridden by your data protection rights. For example:
  • developing product or service features or functionalities, including when you give us feature feedback and suggestions
  • managing and improving our website, systems and infrastructure
  • identifying, developing, and marketing products and services that we believe will interest you
  • communicating with you regarding our business, products and services, including promotional offers and suggested products, services, or new features or functionalities which may be of interest to you
  • protecting the security of our premises, assets, systems, customers, customer end users, and intellectual property and enforcing company policies
  • undertaking mergers, acquisitions, reorganizations, or disposals, as permitted/required in accordance with local law
  • protecting our legitimate business interests and legal rights, including use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements
• Where necessary to comply with a legal obligation. For example:
  • tax law and similar obligations (e.g., tax and national insurance reporting, filing and withholding)
  • responding to court orders, subpoenas or other legal processes with which AikSphere is required to comply
  • complying with legal, regulatory and other requirements

We may provide you with more specific notices for some of the processing described above and, if we require your consent, will ask for this at the appropriate time.

To the extent that we process any special categories of personal data relating to you, we will do so because: (i) the data has been manifestly made public; (ii) the processing is necessary for the establishment, exercise or defense of a legal claim; (iii) the processing is necessary for reasons of substantial public interest; and/or (iv) you have given your explicit consent to us to process that information (where legally permissible).

HOW LONG DO WE STORE YOUR DATA?

Personal data is maintained on our servers or those of our service providers or other partners and is accessible by authorized employees, representatives, agents, and service providers who require access for the purposes described herein. We will retain personal data only for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

TRANSFER AND DISCLOSURE OF PERSONAL DATA

We may sell or share (as defined by the PIPEDA) some of the categories of personal data outlined above with our partners in order to understand your use of AikSphere’s websites or market AikSphere’s services to you. In the 12 months prior to the most recent effective date of this Privacy Policy, we have not sold or shared personal data that was covered by the PIPEDA during that time period.

We may also disclose or transfer the categories of personal data outlined above in certain circumstances, including:

• to a buyer or other successor, in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
• to our subsidiaries, affiliates, agents, contractors, service providers and other partners we use to support our business and/or collaborate with (e.g., analytics, advertising, email, session replay, teleconference, and data storage and collaboration service providers and partners); provided they are generally bound by contractual obligations to keep such personal data confidential and only use it for the purposes of providing the services for, or with, us based upon your chosen settings, configurations, and/or purchases;
• to comply with any court order, law or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services; and
• to protect the rights, property or security of AikSphere, our employees, our users and/or others.

Please note that some of our products and services may be offered jointly with partners. If you register with our partner, AikSphere may also receive your personal data from them, and AikSphere may share your personal data with our partners for these joint offerings. If applicable, you should also therefore carefully review our partner’s privacy policy, which may have different terms.

COOKIES AND SIMILAR TECHNOLOGIES

Some personal data may be collected by us or our partners through cookies, pixel tags, or software development kits (“SDKs”), and other similar technologies for a variety of purposes. E.g., for analyzing trends, administering our website and your communications with us, tracking users’ movement and behavior on our website, gathering information about our user base (such as location information on IP addresses, displaying advertising on our websites, and to manage our advertising on other sites). Cookies, used by most websites, are text files stored on a user’s browser containing information about the user (e.g., information about devices and networks used to access our website). Pixel tags (also known as “web beacons” or “clear GIFs”) are very small images or small pieces of data embedded in images that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, whether an email was viewed, and similar information from your computer or device. SDKs are computer code that mobile app developers can include in their apps to enable data to be collected and related functionalities to be implemented.

ONWARD TRANSFER OF PERSONAL DATA

To facilitate our global operations, and in accordance with applicable laws, we may transfer your personal data to, and access your personal data from, our offices, subsidiaries, affiliates and service providers in the various countries in which we or they operate (including the United States of America). This may be to a country other than the one in which it was provided or collected. When we transfer your personal data, we do so in compliance with applicable data protection laws. We take steps to protect personal data in whatever country it is stored in, transferred to or accessed from.

SECURITY

We are committed to keeping personal data secure, and we have implemented contractual, technical and organizational measures to protect personal data against its unauthorized access, use, and disclosure. Such measures have been implemented taking into account the state of the art of the technology, their cost of implementation, and the risks presented by the processing and the nature of the personal data. When we provide your personal data to third parties, including service providers, we require those companies to protect the personal data they receive.

Nevertheless, although we have tried to make our products and services secure and reliable, the confidentiality of any communication or material transmitted to or from us cannot be guaranteed. We therefore urge you to exercise caution when conveying any personal data over the Internet. As when disclosing any information on the Internet, you should remain mindful that such information might be accessible by the public and, consequently, may be collected and used by others without your consent. You should also recognize that your use of the Internet and any other means of communication with us is solely at your own risk.

THIRD PARTY WEBSITES AND FEATURES

As a convenience to you, AikSphere may provide links from our websites, products and/or services to other websites maintained by independent third parties. We are not responsible for the privacy practices of independent third parties. We encourage you to be aware of when you leave this website, and to read the privacy policies of any other websites that you may visit.

Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

OUR POLICY TOWARD MINORS

Our website, products and services are not directed to minors under 16 and we do not knowingly collect personal data from minors or sell or share such data as defined by the PIPEDA. If we learn that we have collected personal data of a minor under 16 we will take steps to delete such information from our files as soon as possible.

DATA PROTECTION RIGHTS, AND HOW TO EXERCISE

You may have a right to know what personal information AikSphere has collected about you, and you may have a right to access and to obtain a copy of this personal data. If you believe that any personal data we hold about you is incorrect or incomplete, you may also request the correction of it.

You may also have the right to:

• object to the processing of your personal data;
• request the deletion of your personal data;
• request a restriction on the processing of your personal data; and/or
• withdraw your consent, where AikSphere obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).

CHANGES AND OTHER UPDATES

We may amend our privacy policy from time to time to reflect changes in our practices, technologies, legal requirements and other factors. We therefore encourage you to revisit this page periodically to read the current version of it to stay informed about our collection, processing and sharing of your personal data. Please note, should we amend our privacy policy we will update the “updated” date at the bottom of this privacy policy.

CONTACT US

If you have any questions regarding this privacy policy or our privacy practices, or would like to review or update your personal data, you may email us at info@AikSphere.com. You can also contact us by writing to us at the following address:

AikSphere Technologies Inc.

Attention: Privacy Issues

7-7015 Tranmere Drive, Mississauga, ON  L5S 1T7 Canada

This privacy policy describes the data that AikSphere Technologies Inc. (“AikSphere”, “we”, “us” and/or “our”) collects through software applications for smartphones and tablets published by AikSphere on the Google Play (Google Play Store Privacy Policy) and Apple App Stores (Apple App Store Privacy Policy) (the “apps”). All personal data (defined below) collected through the apps is collected solely on behalf of our customers. Accordingly, we are only a processor of this data (as defined by the GDPR); our customers are the controllers of this data (as defined by the GDPR). We are, however, the controller of a small subset of non-personal data collected through the apps about app performance. The term “processor” shall also include a “service provider” and the term “controller” shall also include a “business” as defined in the “Personal Information Protection and Electronic Documents Act.” Government of Canada. 2000. ( “PIPEDA”) or analogous terms in the applicable data protection laws. Accordingly, please contact the relevant customer (e.g., your employer, if you are an employee of a AikSphere customer) for more information about their privacy practices as to the personal data collected through or in connection with the AikSphere apps. We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this privacy policy.

COLLECTION AND USE OF PERSONAL DATA

Personal data. “Personal data” is any information that relates to an identified or identifiable individual. AikSphere collects a variety of personal data on behalf of its customers through the use of the AikSphere apps. The specific personal data collected through the apps is dependent on which app(s) our customers choose to utilize and how they configure their settings.

• Data you provide directly. We may collect personal data that you provide directly, such as when you access the app or administer a user account. This information includes name, email address, phone number, user ID, and personal data contained within in-app messages. We may also collect photos you choose to take with or upload to the app as well as registration data for the vehicle being used in conjunction with the app(s). Some of this data may constitute “sensitive personal information” under the PIPEDA.
• Data provided by your employer. Your employer may input certain information into the related cloud-based dashboard, such as driver’s license numbers, that may also appear in the app.
• Data we collect automatically. We may automatically collect information about your use of the app as well as information about the device you are using to access the app such as device identifiers, device type, and device operating system. We may also collect the inventory of installed apps on a given device if you are using our Dev Tools, Agent, or Launcher apps. Additionally, depending on your device and app settings, we may collect approximate or precise location data during your use of the apps, which may constitute “sensitive personal information” under the PIPEDA.

Non-personal data. AikSphere also collects some non-personal data about app performance such as crash logs, diagnostics, and other app-performance related analytics data.

How we use the data we collect. We collect and use this data for legitimate business purposes relating to the AikSphere apps and pursuant to our customers’ directions, including:

• App functionality. We collect and use your personal data to provide the features that are available in the AikSphere apps, including but not limited to driver vehicle inspection and other reporting, route management, vehicle and trailer selection, log review and certification, dispatch communications, and mobile device management (for the mobile device management solution only). We also collect and use this data to authenticate app users.
• We collect and use your personal data to gain insights into how the app performs. For example, we may use this data to monitor app health, diagnose and fix bugs or crashes, or to make future app performance improvements.
• Fraud prevention, security, and compliance with legal and regulatory obligations. We may, for example, use your personal data to monitor login attempts to identify possible fraudulent activity or to respond to court orders, subpoenas or other legal processes with which AikSphere is required to comply.
• App account management. We collect and use your personal data to set up and manage app user accounts.

DISCLOSURE OF PERSONAL DATA

We do not sell or share the personal data collected through the AikSphere apps, as defined by the PIPEDA. However, there are a few particular circumstances in which we may, with our customers’ permission, authorization, and/or consent, disclose or transfer this data, including:

• to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
• to our subsidiaries, affiliates, agents, and contractors as well as the service providers we use to support our business and/or collaborate with (e.g., our subprocessors); provided always, they are bound by contractual obligations to keep such personal data confidential and only use it for the purposes of providing the services for, or with, us based upon our customers’ chosen settings, configurations, and/or purchases;
• to comply with any court order, law or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services; and
• to protect the rights, property or security of AikSphere, our employees, our users and/or others.

ONWARD TRANSFER OF PERSONAL DATA

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

SECURITY AND DATA RETENTION

We only retain data collected through the apps if authorized to do so by the customer on behalf of which we collected the data. Please contact the relevant customer (e.g., your employer, if you are an employee of a AikSphere customer) for more information about their data retention and security practices.

• Data retention. To the extent we do retain personal data collected through the apps, we will retain said data only for as long as necessary to follow our customers’ instructions or to comply with legal, regulatory, or internal policy requirements.
• Data security. We are committed to keeping personal data secure, and we have implemented contractual, technical, and organizational measures to protect personal data against its unauthorized access, use, and disclosure. Such measures have been implemented considering the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of the personal data. If we provide your personal data to third parties, including service providers, we require those companies to protect the personal data they receive and not to use the personal data for any purpose other than providing the required services.

OUR POLICY TOWARD MINORS

The AikSphere apps are not directed to minors under 16 and we do not knowingly collect personal data from minors, nor do we sell or share such data, as defined by the PIPEDA.

DATA PROTECTION RIGHTS, AND HOW TO EXERCISE

You may have a right to know what personal information AikSphere has collected about you and you may have a right to access and to obtain a copy of this personal data as processed by AikSphere from a AikSphere customer. If you believe that any personal data we collected about you is incorrect or incomplete you may also request the correction of it by a AikSphere customer. You may also have the right to:

• Object to the processing of your personal data;
• Request the deletion of your personal data;
• Request a restriction of the processing of your personal data;
• Transfer your data to another controller; and/or

Withdraw your consent where a AikSphere customer obtained your consent to instruct AikSphere to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).

Please contact the relevant controlling customer (e.g., your employer, if you are an employee of a AikSphere customer) to exercise these rights. Alternatively, you may also reach out to info@AikSphere.com. To the extent you do email info@AikSphere.com, please specify exactly the relevant controlling customer such that we can forward the request on to them to handle accordingly. An authorized agent can also exercise these rights on your behalf.

UPDATES TO THIS PRIVACY POLICY

We may make changes to this privacy policy periodically to reflect changes in our practices, technologies, legal requirements, and other factors. If we make changes, we will revise the “Last Updated” legend at the top of the privacy policy and we may provide additional notice in the app.

CONTACT US

If you have any questions regarding this privacy policy or our privacy practices, you may email us at info@AikSphere.com. You can also contact us by writing to us at the following addresses:

AikSphere Technologies Inc.

Attention: App Privacy Issues

7-7015 Tranmere Drive, Mississauga, ON  L5S 1T7 Canada