Privacy Policy (Mobile Applications)
(This Privacy Policy (Mobile Applications) has been
updated and is effective as of October 1, 2020.)
This Privacy Policy
(Mobile Applications) (“Privacy Policy”) applies to the mobile application (“Application” or “App”) to which it is linked
and identified as such App’s Privacy Policy operated by Landstar System
Holdings, Inc. (“Landstar,” “we,” “us” or “our”) on its own behalf or on behalf
of Landstar Affiliates, including Landstar System, Inc. The Privacy Policy
governs how Landstar uses, collects and discloses the information gathered from
or provided by users of this App located in the United States, Canada or Mexico
(if the App is available for use in these countries). “Landstar Affiliate(s)” is
any entity that controls, is under common control with, or is controlled
by Landstar. PLEASE BE ADVISED THAT THIS APP AND ITS PRIVACY POLICY ARE FOR
COMMERCIAL PURPOSES AND NOT INTENDED FOR USE BY INDIVIDUAL CONSUMERS, THEIR
HOUSEHOLDS OR MINORS UNDER THE AGE OF 18. IF YOU DO NOT AGREE TO THE TERMS OF
THIS PRIVACY POLICY, DO NOT USE THIS APP.
This Privacy Policy should be read in conjunction with
this App’s Terms of Use (Mobile Application) and Landstar Mobile Application End User
License Agreement, which are incorporated herein by
reference. Capitalized terms used and not otherwise defined in this Privacy
Policy shall have the meaning given to them in the Terms of Use (Mobile Application) or
the Landstar Mobile Application End User License Agreement.
This
Privacy Policy applies to information we collect:
·
On this App.
·
In email, text, and other electronic messages
facilitated or delivered by and/or through the use of this App.
·
If applicable, through mobile links
provided by Landstar and accessed through the use of this App.
·
When you interact with our
business-to-business advertising and applications on third-party websites and
services, if those applications or business-to-business advertising include
links to this policy.
·
The types of information we may collect or
that you may provide when you download, install, register with, access, or use
other Landstar applications linked to this Privacy Policy, including, but not
limited to: Landstar’s Available Loads App, Landstar
Maximizer App, Landstar Connect App, and/or Landstar One App.
·
Our practices for collecting, using,
maintaining, protecting, and disclosing that information in regard to an App.
It
does not apply to information collected by:
·
Landstar offline or through any other
means, including on any other website operated by Landstar or any third party
including Landstar Affiliates; or
·
Any third party including Landstar
Affiliates, including through any application or content (including
business-to-business advertising) that may link to or be accessible from or on
the App.
Please read this Privacy
Policy carefully to understand our policies and practices regarding your
information and how we will treat it. If you do not agree with our policies and
practices, your choice is not to use our App, including choosing not to provide
your information to us, not accessing our App, not downloading our App and not
using this App. By accessing or using this App, you agree to this Privacy
Policy. This Privacy Policy may change from time to time. Your continued use of
this App after we make changes is deemed acceptance of those changes, so please
check the Privacy Policy (Mobile Application) periodically for updates.
1. Use by Users Outside the United States.
This App is intended for use only by users located in
the United States, Canada and Mexico. If you are located outside of the United
States (other than for users located in Canada and Mexico) you are consenting
to the transfer and/or transmission of your information into the United States
and to the collection, use and disclosure of your information in accordance
with this Privacy Policy. You are also acknowledging that the laws of the
jurisdiction in which the information is kept will determine the protections
afforded to your personal information, and that such protections may not be as
strict as your home jurisdiction. Landstar stores and processes the personal
information it gathers through your use of the App in the United
States. If you are located within the European Union and you submit any
information deemed Personal Data under the General Data Protection Regulation
(“GDPR”) your submission is
voluntary, with your express consent to use Personal Data for the purpose
submitted, at your own risk, and subject to the laws of the United States.
If you are located in Canada, then the terms of this
Privacy Policy, as amended and supplemented by the Canada Privacy Statement,
govern your use of this App.
If you are located in Mexico, then the terms of the
Privacy Policy, as amended and supplemented by the Mexico Privacy Notice, govern your use
of this App.
2. Agreement and Your Consent.
Please read this Privacy Policy carefully; it creates
legal obligations. By using the App, you are acknowledging that you have read
and understand this Privacy Policy, you are agreeing to be legally bound by it,
and you are consenting to the use, collection and disclosure of your
information as provided in this Privacy Policy.
If you do not agree with all of the terms of this
Privacy Policy, you should not use the App.
3. Scope of Policy.
This Privacy Policy only applies to Apps linked to
this Privacy Policy, including this App, and it does not apply to other
websites, including other websites operated by Landstar, Landstar Affiliates or
service providers, or websites that may be operated by others. It also does not
apply to the Landstar merchandise website, found at the Landstar Company Store
or the Landstar Candidate Portal,
each of which are operated and managed by a separate company under separate terms
and conditions and under a separate privacy policy, except as otherwise
specified on those websites. When visiting other websites, even via links
provided on this App, please review the applicable privacy policies to be sure
their terms are acceptable to you.
This Privacy Policy applies only to information we
gather from you or that you provide to us online while visiting or using the
App. It does not apply to information gathered from or provided by you to us
through other websites, offline, through other business arrangements with you,
or through other means.
4. The Information We Collect and How We Collect It.
The App offers business information about Landstar and
Landstar Affiliates. This App is not to be used by individual consumers to
purchase consumer products or services. Landstar provides goods and services to
businesses in need of shipping and logistics services including facilitating
communications and information sharing among Landstar, Landstar Affiliates,
brokers, independent sales agents (“Agents”), independent business capacity
owners (“BCOs”), and third party transportation providers,
including but not limited to, any third party motor carrier, drayage provider,
transportation intermediary, shipper, consignor, consignee, air carrier, ocean
carrier, ground carrier, logistics
provider, and/or entity involved in the motor carrier services, property
brokering, freight forwarding, non-vessel operating common carrier, air
charter, indirect air charter, warehousing, and/or the transportation service
industry.
We collect information from you that you provide and
automatically when you use the App.
Information
You Provide to Us
When you download, register with or use this App, you
may provide information:
·
By which you, as an individual, may be
personally identified, or ANY OTHER INFORMATION THAT THE APP COLLECTS THAT
COULD BE USED TO IDENTIFY YOU, which may be used to contact you online or
offline (“personal information”) such as first and last name, email address,
business or home address, and telephone number.
·
When you directly provide it to us, such
as:
if you request information through the
App,
filling in forms in the App,
registering to use the App,
subscribing to our service,
posting material to the App,
sign up for a service or requesting
further services through the App,
provide us with Suggestions (defined
below) through the App,
post User Posted Content (defined below)
to the App,
if you send us information via email,
messaging or other means through the App,
records and copies of your correspondence
(including email addresses and phone numbers),
responses to surveys that we might ask you
to complete through the App, or
search queries on the App.
You may also
provide information for publication or display (“Posted”) on public areas
accessible through the App or other websites you access through the App
(collectively, “Suggestions” or “User Posted Content”). Your Suggestions or
User Posted Content is Posted and transmitted to others at your own risk.
Although you may set certain privacy settings for such information by logging
into your account profile, please be aware that no security measures are
perfect or impenetrable. Additionally, we cannot control the actions of third
parties with whom you may choose to share your User Posted Content. Therefore,
we cannot and do not guarantee that your Suggestions or User Posted Content
will not be viewed by unauthorized persons.
We use
commercially reasonable means to identify when information is being collected
and the purpose for which it is being collected. When appropriate we may ask
you for your affirmative consent to provide us with personal information.
However, we do not guarantee that affirmative consent will be requested from
each user of the App. IF YOU DO NOT WANT US TO COLLECT PERSONAL INFORMATION
FROM YOU, DO NOT PROVIDE IT TO US.
Automatic
Information Collection and Tracking
We also collect information automatically when you
download, access and use the App, it may use technology to automatically
collect:
·
Usage Details. When you
access and use the App, we may automatically collect certain details of your
access to and use of the App, including pricing/rate information, shipment
preferences, equipment preferences, traffic data, location data, logs, App
preferences, App settings, other communication data and the resources that you
access and use on or through the App.
·
Device
Information.
We may collect information about your mobile device and internet connection,
including the device’s unique device identifier, IP address, operating system,
browser type, mobile network information, and the device’s telephone number.
·
Stored
Information and Files. The App also may access metadata and other information
associated with other files stored on your device. This may include, for
example, photographs, audio and video clips, personal contacts, and address
book information.
·
Location
Information.
This App collects real-time information about the location of your device. For
example, the App may collect the following from you: your latitude, longitude,
city, state, current date and time of such location every 15 minutes while
assigned to a freight bill. BY USE OF THIS APP YOU EXPRESSLY CONSENT TO AND
AUTHORIZE THE COLLECTION OF YOUR LOCATION INFORMATION.
·
Monitoring. We may, but
are not obligated to, monitor your use of the App.
·
Behavioral
Tracking.
We also may use these technologies to collect information about your activities
over time and across third-party websites, apps, or other online services
accessed from the App.
If you have any concerns
whatsoever over our use of tracking mechanisms, do not use the APP, and be sure to delete the App fRom your mobile
device.
5. Our Use and Disclosure of this
Information.
This App is for use within the United States, Canada
and Mexico. If you are accessing the App from the European Union, this App is
not intended for your use. We may use the information that we collect about you
or that you provide to us as set forth above, including your Personal
Information, as follows:
·
Provide you with the App and its contents,
and any other information, products or services that you request from us.
·
To present our App and its contents to you.
We may also use and disclose to others the
information we gather from you, including your personal information, as
follows:
·
To contractors, service providers, and
other third parties we use to support our business.
·
To enforce our rights arising from any
contracts entered into between you and us, including the Terms of Use (Mobile
Application) and Landstar Mobile Application End User
License Agreement, and for billing and collection.
·
For any other purpose disclosed by us when
you provide the information.
·
With your consent.
If we provide your
information to third parties, they may use their own tracking technologies to
collect information about you when you use this App. The information they
collect may be associated with your personal information or they may collect
information, including personal information, about your online activities over
time and across different websites, apps, and other online services websites.
They may use this information to provide you with interest-based (behavioral)
business-to-business advertising or other targeted content. We do not control
these third parties' tracking technologies or how they may be used. If you have
any questions about an advertisement or other targeted content, you should
contact the responsible provider directly. If you have any concerns whatsoever
over third parties tracking mechanisms, DO NOT USE THE APP, AND BE SURE TO
DELETE THE APP FORM YOUR MOBILE DEVICE.
Except as provided in
this Privacy Policy, we will not disclose your information to unaffiliated
third parties without your express consent.
We may compile statistical and aggregated information
about users of the App and their use of the App, and we may use, disclose and
transfer this information, as well as any information that does not identify an
individual, and any Suggestions you provide, for any purpose without
restriction.
6. Security.
We have put in place security systems designed to
prevent unauthorized disclosure of information you provide to us. These systems
are structured to deter and prevent hackers and others from accessing this
information. Due to the nature of Internet communications and evolving
technologies, however, we cannot provide, and we hereby disclaim, assurance
that the information you provide us will remain free from loss, misuse, or
alteration by third parties who, despite our efforts, obtain unauthorized
access.
Unfortunately, and for the avoidance of doubt, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our App. Any transmission of information, including but not limited to personal information provided by you, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
7. Relationship to Other Contracts.
The terms of this Privacy Policy do not affect or
amend the terms of any specific contracts you have entered or may enter into
with Landstar or Landstar Affiliates, and your and Landstar’s (or Landstar
Affiliates’) respective obligations thereunder, except as otherwise expressly
set forth in such contract.
8. Children Under the Age of 18.
The App is not directed to or intended to be used by
children under the age of 18, and Landstar does not knowingly collect personal
information from children under the age of 18. If we learn that a child under
18 has provided us with personal information through this App (with or without
parental consent), we will delete this information from our databases. If you
believe we might have any information from or about a child under 18, please
contact us at landstarcorpcomm@landstar.com.
9. Accessing and Correcting Your Personal
Information.
You can review and
change your personal information by logging into the App and visiting your
account profile page.
You may also send
us an email at landstarcorpcomm@landstar.com to request
access to, correct, or delete any personal information that you have provided
to us. We cannot delete your personal information except by also deleting your
user account. We may not accommodate a request to change information if we
believe the change would violate any law or legal requirement or cause the
information to be incorrect.
If you delete your
User Posted Content from the App, copies of your User Posted Content may remain
viewable in cached and archived pages or might have been copied or stored by other
App users. Proper access and use of information provided on the App, including
Suggestions or User Posted Content, is governed by our Terms of Use (Mobile Application) and
our Landstar Mobile Application End User License Agreement.
10. Changes to this Privacy Policy.
From time to time, Landstar may modify or change its
Privacy Policy at its sole discretion. You are responsible for checking for revisions
to this Privacy Policy each time you use the App and, in any event, agree to be
bound to changes to this Privacy Policy thirty (30) days after such changes
have been introduced. Your use of the App following any such changes
constitutes your agreement to follow and be bound by the Privacy Policy, as
changed, and to its application to all information gathered before and after
its effective date.
The date the Privacy Policy was last revised is
identified at the bottom of the page. You are responsible for ensuring we have
an up-to-date active and deliverable email address for you, and for
periodically visiting our App and this Privacy Policy to check for any changes.
11. Your California Privacy Rights.
(This
Statement of California Privacy Rights was last updated October 1, 2020.)
If you are a California resident, California law may
provide you with additional rights regarding our use of your personal
information.
California's
“Shine the Light” law (Civil Code Section § 1798.83) permits California residents
to request certain information regarding our disclosure of personal information
to third parties for their direct marketing purposes. To make such a request,
please send an email to landstarcorpcomm@landstar.com or write us at: Landstar System Holdings, Inc.,
attn: Corporate Communications, 13410 Sutton Park Drive, South,
Jacksonville, FL 32224.
The
California Consumer Privacy Act of 2018 (effective January 1, 2020) (the “CCPA”) grants to consumers residing in
California (“California Consumer(s)”)
additional privacy rights, when a business collects a California Consumer’s
personal information. This App is not to be used nor intended to be used by
individual consumers to purchase consumer products or services. Landstar
provides goods and services to businesses in need of shipping and logistics
services including facilitating communications and information sharing among
Landstar, Landstar Affiliates, brokers, independent sales agents and independent
business capacity owners. WE DO NOT COLLECT PERSONAL INFORMATION FROM
CALIFORNIA CONSUMERS OR THEIR HOUSEHOLDS AS DEFINED BY THE CCPA.
If,
however, our practices change and we collect personal information from
California Consumers, we will provide specific notice in compliance with the
CCPA.
If
you are a California Consumer and you believe that your personal information
was collected by Landstar or a Landstar Affiliate, please contact us about your
concerns:
·
Contact us by
mail: Landstar System Holdings, Inc., attn: Corporate Communications, 13410
Sutton Park Drive, South, Jacksonville, FL
32224
·
Contact us via
email at landstarcorpcomm@landstar.com
12. General Data Protection Regulation.
If you are a resident of the European Union, you may
have additional rights pursuant to your local law applicable to the collection
and processing of personal information. If you believe that Landstar or a
Landstar Affiliate is collecting personal information under the EU General Data
Protection Regulation (“GDPR”),
and your personal information is processed based on legitimate interests
pursuant to the GDPR, you have the right to object to the processing on grounds
relating to your specific situation. Under GDPR you may also have the right to
request to have your personal information deleted or restricted and ask for
portability of your personal information.
You can request to access, update or correct your
personal information. You also have the right to object to direct marketing.
In the event you consider our processing or control of
your personal information subject to the GDPR and not compliant with an
applicable data protection law, you can lodge a complaint:
·
Contact us via
mail: Landstar System Holdings, Inc., attn: Corporate Communications, 13410
Sutton Park Drive, South, Jacksonville, FL
32224
·
Contact us via
email at landstarcorpcomm@landstar.com
·
Lodging a
complaint via email at landstarcorpcomm@landstar.com
·
Filing a
complaint directly with the competent data protection authority. The name and
contact details of the Data Protection Authorities in the European Union can be
found here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
13. Contact Us.
Questions, comments or requests related to your use of
the App, regarding this Privacy Policy, and Landstar’s information handling
policies and procedures should be submitted to Landstar’s Corporate
Communications department by mail or e-mail as follows:
By
mail: Landstar System Holdings, Inc., attn: Corporate
Communications, 13410 Sutton Park Drive, South, Jacksonville, FL 32224
By
e-mail: landstarcorpcomm@landstar.com
To register a complaint or concern,
please contact: landstarcorpcomm@landstar.com
CANADA PRIVACY STATEMENT
(This Privacy Statement was last updated October 1,
2020.)
If you are Canadian, this privacy statement may apply
to you.
Landstar System Holdings, Inc. (“Landstar”) recognizes the importance
of protecting personal information in a manner consistent with the laws of the
countries in which it does business. This Privacy Statement (the “Statement”) sets forth the particular
privacy principles that Landstar follows with respect to the personal
information that it collects from Canadians. This Statement operates in
conjunction with the Landstar Privacy Policy (Mobile Apps). To the
extent that this Statement and the Landstar Privacy Policy are inconsistent,
this Statement will govern the collection, use and disclosure of personal
information collected from Canadians.
1. SCOPE.
This Statement applies to all personal information received
by Landstar from Canada, in any format, including electronic, paper or verbal.
2. DEFINITIONS.
For purposes of this Statement only, the following
definitions shall apply:
“Agent”
means any party that collects or uses personal information under the
instructions of, and solely for, Landstar, or as to which Landstar discloses
personal information for use on Landstar’s behalf.
“Landstar”
means Landstar System Holdings, Inc.
“Personal
information” means any personally identifiable information. Personal
information does not include information that is anonymized.
3. PRIVACY PRINCIPLES.
CONSENT, COLLECTION AND USE
Landstar identifies the purposes for collecting
personal information at or before the time it is collected and informs
individuals of the choice and means, if any, Landstar offers individuals for
limiting the collection, use or disclosure of their personal information.
Landstar will provide individuals with reasonable mechanisms to exercise these
choices.
Landstar will not collect, use or disclose your
personal information without your informed consent, unless required or
permitted to do so by law, or unless otherwise noted in this Statement.
Landstar will only use and/or disclose personal information
in accordance with the purpose for which it was collected, unless subsequently
consented to, or when required or permitted by law.
If Landstar receives personal information from
Landstar Affiliates or other entities in Canada, it will use and disclose such
information in accordance with the consent received by such entities at the
time of collection and the choices made by the individuals to whom such
personal information relates.
ONWARD TRANSFERS
Landstar will obtain assurances from its Agents and
any third party to whom Landstar discloses personal information that such Agent
and/or third party will safeguard personal information consistently with this
Statement. Landstar will enter into a contract with such Agent and/or third
party prior to affecting a transfer of personal information, which contract
will provide at least the same level of protection as is required by this
Statement and by applicable privacy legislation. Where Landstar has knowledge
that an Agent and/or third party is using or disclosing personal information in
a manner contrary to this Statement, Landstar will take reasonable steps to
prevent or stop the use or disclosure of the personal information and/or to
obtain the Agent’s and/or third party’s deletion, destruction, anonymization or
return of the personal information.
SECURITY
Landstar will take reasonable precautions to protect
personal information in its possession from loss, misuse and unauthorized
access, use, disclosure, alteration and destruction.
DATA INTEGRITY
Landstar will use personal information only in ways
that are compatible with the purposes for which it was collected or
subsequently authorized by the individual. Landstar will take reasonable steps
to ensure that personal information is relevant to its intended use, accurate,
complete, and current. Except as otherwise permitted or required by law,
personal information is retained for so long as is reasonably necessary to
fulfil the purposes for which it was collected, at which point it is deleted,
destroyed, returned or otherwise anonymized.
ACCESS
Upon request, Landstar will grant individuals
reasonable access to personal information that it holds about them. In
addition, Landstar will take reasonable steps to permit individuals to correct,
amend, or delete information that is demonstrated to be inaccurate or
incomplete. These requests can be made by contacting Landstar as provided
below.
ENFORCEMENT
Landstar will conduct compliance audits of its
relevant privacy practices to verify adherence to this Statement. Landstar will
use contractual or other means to ensure that its Agents provide a comparable
level of protection over your personal information while the information is
being processed by such parties.
Only employees whose duties require access to personal
information are granted such access, and only to the extent necessary.
Employees are accountable for ensuring this Statement is followed at all times.
Any employee that Landstar determines intentionally violates this Statement
will be subject to disciplinary action up to and including termination of
employment.
4. RELATIONSHIP TO OTHER CONTRACTS.
The terms of this Privacy Statement do not affect or
amend the terms of any specific contract(s) you have entered or may enter into
with Landstar or Landstar Affiliates, and your and Landstar’s (or Landstar
Affiliates’) respective obligations thereunder, except as otherwise expressly
set forth in such contract(s).
5. GOVERNING LAW AND DISPUTE RESOLUTION.
This Statement, and the handling of personal
information under this Statement, is governed solely by the laws of the
Province of Ontario, Canada and the federal laws of Canada applicable therein,
to the exclusion of any rules of private international law or conflict of laws
which would lead to the application of any other laws.
Landstar is based in the state of Florida in the
United States. As a result, personal information may be processed, used, stored
or accessed in the United States and may be subject to laws of that
jurisdiction. For example, information may be disclosed in response to valid
demands or requests from government authorities, courts, or law enforcement in
these countries. In particular, information that is processed, used, stored or
accessed in the United States may be subject to the Patriot Act and applicable
anti-terrorism legislation, together with other legislation applicable within
the United States.
Any questions or concerns regarding the use or
disclosure of personal information should be directed to Landstar at the
address given below. Landstar will investigate and attempt to resolve
complaints and disputes regarding collection, use and disclosure of personal
information in accordance with the principles contained in this Statement.
Any claim or cause of action you may have arising
from, connected with, or relating to this Statement or to Landstar’s handling
of your personal information, or any related matters must be commenced within
six (6) months after the claim or cause of action arises, after which time the
claim or cause of action is forever barred, regardless of any statute or law to
the contrary.
6. CONTACT INFORMATION.
Questions, comments or requests related to your use of
the App, regarding this Statement, and Landstar’s information handling policies
and procedures should be submitted to Landstar’s Corporate Communications
department by mail or e-mail as follows:
By
mail: Landstar System Holdings, Inc., attn:
Corporate Communications, 13410 Sutton Park Drive, South, Jacksonville,
FL 32224
By
e-mail: landstarcorpcomm@landstar.com
7. CHANGES TO THIS STATEMENT.
From time to time,
Landstar may modify this Statement and its information handling practices at
its sole discretion. You are responsible for checking for revisions to this
Statement each time you use the App and, in any event, agree to be bound to
changes to this Statement thirty (30) days after such changes have been
introduced. Your use of the App following any such changes constitutes your agreement
to follow and be bound by the Statement, as changed, and to its application to
all information gathered before and after its effective date
MEXICO
PRIVACY NOTICE
(This Privacy
Notice was last updated on October 1, 2020.)
Landstar System Holdings, Inc. (“Landstar”)
recognizes the importance of protecting personal data in accordance with the
laws of Mexico. This Privacy Notice sets forth how we collect, use and process
personal data in numeric, alphabetical, graphic, photographic, acoustic or any
other form concerning an identified or identifiable individual (“Personal
Data”). The items contained in this Privacy Notice are required by the Mexican Federal Law on the Protection of Personal
Data Held by Private Parties (“Data Protection Law”), its regulation
and other applicable provisions.