This privacy policy describes the personal data (defined below) that East Star LLC.(DBA Tempus ELD and its affiliates (“Tempus ELD”, “we”, “us” and/or “our”) collect information about you, how we use and protect this personal data, and the choices you can make about how we may use your 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. This includes personal data that is collected when you access our website (“website”) as well as specific personal data that is or may be collected through our Apps and Products (each as is defined in our Terms of Service or relevant contract with our customer).
BEFORE YOU READ THE REST OF THIS PRIVACY POLICY IT IS IMPORTANT TO NOTE THE FOLLOWING:
If you are a visitor located in California, United States of America (“USA”), this privacy policy describes your data protection rights under the California Consumer Protection Act of 2018 as amended by the California Privacy Rights Act of 2020 (together with its implementing regulations, the “CPRA”), including the right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the “Data Protection Rights and How to Exercise” subsection. Please note Tempus ELD does not, as a controller or business (as defined in the paragraph below), collect any “sensitive personal information” as defined by the CPRA. Accordingly, we do not use, disclose, sell, or share your sensitive personal information. In the twelve (12) months prior to the most recent effective date of this privacy policy, we have not sold personal data that was covered by the CPRA during that time period. For more information on what data we collect and how it is used, please proceed to the applicable section below.
PURPOSE AND SCOPE
Some data protection laws in various jurisdictions (such as the GDPR) distinguish between “controllers” and “processors” of personal data. A controller decides why and how to process personal data. A processor only processes information on behalf of a controller based on the controller’s instructions; the processor does not make decisions about personal data. The term “processor” shall also include a “service provider” and the term “controller” shall also include a “business” as defined in the CPRA or analogous terms in the applicable data protection laws.
This privacy policy covers instances when the purposes and means of processing your personal data are determined by us (i.e., when we are a controller) as well as instances where the purposes and means of processing personal data are determined by our customers (i.e., when we are a processor and our customers are the controllers), as set out and further explained below.
This privacy policy covers the following:
- Tempus ELD as the Data Controller
- Tempus ELD as the Data Processor
- Data Protection Officer Contact Information
- Changes and other Updates to this Privacy Policy
- How to Contact Us
Tempus ELD AS THE DATA CONTROLLER
Personal Data Collected by Tempus ELD. Tempus ELD as a controller may collect a variety of personal data about you in a number of ways, such as:
- Personal data you provide directly. We may collect personal data (e.g., name, email address, username, and phone number) that you provide directly, such as when you access our website, create a user account with us (e.g., creating an admin account in the Tempus ELD dashboard or registering for the developer or partner portals), register our products, visit our offices, attend an event, or otherwise give us your name, email address, or other information. You may also choose to submit personal data to us via other methods, such as: 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, networking opportunities, or other events. When you contact, communicate, or otherwise engage with Tempus ELD, we may also keep a record of such communication. From time to time, we may offer referral programs to refer prospective customers to us. Please only refer a prospective customer and provide their personal data to us if you have received their prior permission to do so. If you later find out you did not have such permission, 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 website), 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” subsection of this privacy policy below.
- Personal data we collect from other sources. As mentioned above, we may receive your personal data via a referral, resellers, or partners. 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 or made available 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 as a Controller. Depending on your interaction withTempus ELD as a controller, we may collect the following categories of personal data:
- Personal identifiers, such as your first name, surname, alias, postal address, unique personal identifier (e.g., account name, user ID for our developer or partner portals, online identifier, government-issued identifiers), email address, phone number, 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), and other standard server log information.
- Commercial information, such as records of products and/or services purchased, obtained, or considered, or other purchasing or consumption histories or tendencies.
- Professional information, such as your title and other professional contact information.
How We Use Personal Data We Collect. We collect, use, and store your personal data as a controller (namely, your personal identifiers, Internet activity information, commercial information, and professional information) for the reasons set out in the chart below. Please note that to the extent we were to collect and/or process any “special categories of personal data” as defined by the GDPR, relating to you in our capacity as a controller, we would only do so because: (i) such personal 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). If you have any questions, please refer to the contact details in the “How to Contact Us” section below.
| Purpose | Legal Basis |
|---|---|
| Create and/or administer orders for you (including, if necessary, to process payments and other administrative matters). Register, maintain, and manage your account (e.g., email preferences) or for interacting with our business (e.g., via our website, telephone, video conferencing, and email) as well as creating admin accounts in the Tempus ELD dashboard. Communicate with you regarding our business, administrative notices, the availability and provision to you or your organization of our products and/or services, including sending you important business communications related to your current relationship with us (e.g., renewals, registrations, and transaction information). Provide you with support and respond to your queries, feedback, claims, and/or disputes. Allow you to visit our offi ces or attend events. | It is necessary for us to process your personal data in order to provide you with the products and/or services with regards to a contract, or to take steps at your request prior to entering into a contract with you or a customer of Tempus ELD. |
| Develop features or functionalities, including when you provide feedback and/or suggestions. Manage and improve our website, systems, and infrastructure. | We have a legitimate interest in developing and improving our websites, systems, and infrastructure, as well as maintaining the security and functionality of them. |
| Identify, develop, and market products and/or services that we believe will interest you. Send you marketing communications, such as promotional offers and suggested products and/or services, as well as new features or functionalities which may be of interest to you. | We have a legitimate interest in promoting our products and services, and in keeping you informed about updates and offerings that may be relevant to you. You may manage your preferences by selecting the opt-out link at the bottom of our marketing emails or through the preference center. |
| Undertake mergers, acquisitions, reorganizations, or disposals, as permitted and/or required in accordance with applicable laws and regulations. Protect our 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. Respond to court orders, subpoenas, or other legal processes with which Tempus ELD is required to comply. Comply with legal, regulatory, and other requirements. Protect the security of our premises, assets, systems, customers, customer end users, intellectual property, and to enforce company policies. Prevent fraud or information security risks. For example, we may use your personal data to monitor login attempts to identify possible fraudulent activity or information security risks. To authenticate App and Product users. | We have a legitimate interest in managing and facilitating corporate transactions and changes in our business structure. We have a legal obligation in protecting our legal rights and ensuring compliance with legal and regulatory obligations. When we have a legal obligation under EU/UK laws, we process the data in order to comply with applicable law and regulations. When we have a legal obligation under laws outside the EU/UK, we have a legitimate interest in protecting our business interests and legal rights, as well as the interests and legal rights of our users. |
| Develop features or functionalities, including when you provide feedback and/or suggestions to improve the Apps and Products. Review and analyze how the Apps and Products perform. For example, we may use this data to monitor the health of Apps and Products, as well as be able to diagnose and fi x bugs or crashes, or to make future performance improvements. | We have a legitimate interest in analyzing Apps and Products activity information to enhance user experience and maintain the functionality of the underlying systems and infrastructure. We also have a legitimate interest in managing, developing, and improving our Apps and Products. |
| Other types of purposes from time to time. | We will use your personal data for any other purposes where you have given consent for such uses. |
Tempus ELD’s Legitimate Interests
There are instances where we have a legitimate interest to use your personal data as a controller as set out in the table above. Our legitimate interest(s) will vary depending on what we are using your personal data for. Where we process personal data on the basis of a legitimate interest, then – as required by applicable data protection law – we have carried out a balancing test to document our interests, to consider what the impact of the processing will be on individuals and to determine whether individuals’ interests outweigh our interests in the processing taking place. For example, in some cases, we are able to send you direct business-to-business marketing without your consent, where we rely on our legitimate interests. If you live in the EU, Switzerland, or the UK, you have an absolute right to opt out of such direct marketing at any time. You can do this by following the instructions in the communication where this is an electronic message, by updating your email preferences in our preference center, or by contacting us using the details set out below. You can obtain more information about the legitimate interests balancing test by using the contact details in the “How to Contact Us” section below.
How Long We Store Your Data as a Controller
Personal data is maintained on our systems 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 fulfi ll the purpose for which it was collected or to comply with legal, regulatory, and/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, as well as the applicable legal requirements. For example, we retain prospective customer data that is subject to the GDPR for up to two years from the last method of contact with the relevant data subject, unless we have been informed to delete such data by the relevant data subject. If you have any additional questions, please see the “How to Contact Us” section below.
Security as a Controller
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 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 systems 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 permission, approval, and/or 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.
Data Privacy Framework website.
- Tempus ELD has further committed to refer unresolved DPF Principles-related complaints to the U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbbprograms.org/dpf-complaints for more information and to fi le a complaint. This service is provided free of charge to you.
- Tempus ELD is accountable for personal data received under the Data Privacy Framework and subsequently transferred to a third party as described in the Data Privacy Framework located at https://www.dataprivacyframework.gov/. Pursuant to the Data Privacy Framework, Tempus ELD remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.
- Tempus ELD is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
- As further explained in the Data Privacy Framework Principles, a binding arbitration option is also available to you in order to address residual complaints not resolved by any other means.
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. These can be used for analyzing trends, administering our websites, your communications with us, tracking users’ movement and behavior on our websites, and 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 fi les 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, and similar information from your computer, device, or communication with Tempus ELD. 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.
Third Party Websites and Systems. As a convenience to you, Tempus ELD may provide links from our websites to other websites and systems maintained by independent third parties. We are not responsible for the privacy practices of independent third parties; therefore, we encourage you to be aware of when you may have left this website, and to read the relevant privacy policies and terms of use of any other websites and/or apps that you may visit.
Data Protection Rights and How to Exercise. You may have the following rights where Tempus ELD is a controller:
- A right to know what personal data Tempus ELD has collected about you, and you may have a right to access and to obtain a copy of this personal data;
- A right to request the correction of your personal data if you believe that any personal data we hold about you is incorrect or incomplete;
- A right to object to the processing of your personal data;
- A right to request the deletion of your personal data;
- A right to request a restriction on the processing of your personal data;
- A right to withdraw your consent, where Tempus ELD obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal); and/or
- A right to data portability enabling you to request us to transmit personal data that you have provided to us, to a third party without hindrance, or to give you a copy of it so that you can transmit it to a third party, where technically feasible.
Tempus ELD will honor such requests as required under the applicable data protection laws and regulations (including the GDPR and CPRA) as well as those other rights outlined herein. However, please note that such rights are not absolute; they do not always apply, and exemptions may be applicable (e.g., such exemptions noted in Cal Civ. Code §1798.105 or in Chapter III of the EU GDPR). Tempus ELD may, in response to any such request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we ask you to verify your identity, we may ask you for supporting information. If we do not comply with your request, we will explain why.
You may exercise any of your rights in this section without discrimination by us. We will not deny you products or services, charge different prices or rates, or provide a different level or quality of products or services based on your exercise of any rights in this section, unless the difference is reasonably related to the value provided by your personal data.
To exercise the above rights with Tempus ELD, please send an email to sales@tempuseld.com.
If you are based in the United States and are not satisfi ed with our response, please visit http://www.bbbprograms.org/dpf-complaints for more information and to fi le a complaint. This service is provided free of charge to you.
Minors under the age of 16
Tempus ELD’s website and Apps are not directed to minors under the age of 16, and Tempus ELD does not knowingly process personal data from minors under the age of 16 which may have been obtained via our website or Apps. However, if we were to learn that we have collected the personal data of a minor under the age of 16 via our websites or Apps, we will take steps to delete such personal data from our systems as soon as possible.
Disclosure of Personal Data
There are a few circumstances in which Tempus ELD may disclose personal data (namely, your personal identifi ers, Internet activity information, commercial information, and professional information) with certain recipients in the circumstances as outlined below.
| Category of Recipient | Why? |
|---|---|
| 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, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business. |
| Subsidiaries, affi liates, agents, contractors, event sponsors, service providers, and other partners. | We employ other companies and individuals to perform functions on our behalf. We use them to support our business and/or collaborate with (e.g., analytics, advertising, email, teleconference, and collaboration service providers and partners), provided that they are generally bound by contractual obligations to keep such personal data confi dential and only use it for the purposes of providing the services for, or with, us based upon your interaction with us (e.g., attending events and/or signing-up for our newsletters). To enforce or apply our Terms of Service and/or any other agreement that governs the sale, use, or purchases of Apps and Products. Please note that some of our Apps and Products may be offered jointly with partners. If you register with our partner, Tempus ELD may also receive your personal data from them, and Tempus ELD may share your personal data with our partners for these joint offerings. |
| Government authorities, law enforcement, regulators, and fraud prevention agencies. | To prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law. To comply with any court order, law or legal process, including to respond to any government or regulatory request. To protect the rights, property or security of Tempus ELD, our employees, our users, and/or others. |
| Other unaffi liated third parties. | We may disclose your personal data with other recipients where you have given consent or other instructions. |
HOW TO CONTACT US
If you have any questions regarding this privacy policy, our privacy practices, or would like to exercise your rights under applicable data privacy law (e.g., to access or update your personal data), you may contact us by emailing sales@tempuseld.com, calling +1-877-983-6787 (toll-free in the United States).
