LIOTA PRIVACY POLICY  

 

Updated December 16, 2024

 

LIOTA, operated by LIOTA Technologies, Inc. (“LIOTA,” “we” or “our”), recognizes the importance of your personal privacy.  Therefore, we have created this Privacy Policy so that you know how we collect, use, store and disclose your information when you make it available to us.  The Privacy Policy below discloses our practices regarding data collection and usage for the website located at https://www.liota.ai, as well as the related mobile website, the LIOTA mobile applications (collectively, the “App”), and the LIOTA Software-as-a-Service (the “SaaS”) and the service provided thereon (collectively, the “Service”).

 

By using or accessing the Service, you signify your agreement to be bound by this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICE.

 

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

• The data that we collect and why we collect it;

• How we use that data;

• How we share data; and

• The rights to your data.

 

Personal Data That We Collect:

You may be required to submit certain personal data when you register on the Service. The personal data which you may provide to us depends on your role in using the Service. In most cases, the Service will be used by two groups of users:

 

·  “Customer Agents,” defined as employees, contractors, or agents of LIOTA’s customers. In most cases, but without limitation, Customer Agents will be using the Service to deliver freight to third parties.

·  “Warehouse Agents,” defined as employees, contractors, or agents of warehouses or other third party facilities. In most cases, but without limitation, Warehouse Agents will be using the Service to process freight for LIOTA’s customers.

 

Personal data which you may provide to us may include:

·  Your legal name and preferred name

·  Your address

·  Your phone number

·  Your email address

·  Your social security number

·  Your date of birth or age

·  Images of and information from your driver’s license or other government-issued identification

·  Your company’s name

·  Your company’s address

·  Your company’s phone number

·  Your company’s email address

·  An image of your signature

·  Photograph of your face or other identifying features

·  Tracking numbers, barcodes, and other identifying information for certain packages that you are sending or receiving

·  Contents of certain packages that you are sending or receiving

·  Other personal data collected from you or through some other form of consent from you or notification to you.

 

Driver Access to Certain Information:

You acknowledge and agree that by using the Service, you are giving Customer Agents access to certain personal data. Specifically, Customer Agents using the Service will have access to the following data of certain other users:

 

·  Name

·  Address

·  Phone number

·  Contents of certain packages

·  Social security number

·  Date of birth or age

·  Images of and information from driver’s license or other government-issued identification

·  Tracking numbers, barcodes, and other identifying information for certain packages that you are sending or receiving

·  Image of signature

·  Photographs of areas where a package has been delivered

·  Photograph of face or other identifying features

·  Other personal data collected in accordance with this Privacy Policy.

 

Background Check

As further described in our Terms of Service, we may also perform a background or other check on certain users to ensure their eligibility to use the Service, in LIOTA’s discretion.

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Geo-Location and Mobility Information:

When you access or use the Service, LIOTA may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (including but not limited to latitude and/or longitude), IP addresses, and/or similar information regarding the actual location of devices using the Service. Location data may convey to us information about how users of those devices browse or use the Service. Location data does not collect or share any personal data about you. Location data may be used in conjunction with personal data. Some features of the Service, particularly any location-based services, may not function properly if use or availability of location data is impaired or disabled.

 

We may also access, collect, monitor, remotely store, and share (including without limitation with advisers and advertisers), aggregated mobility and behavioral data; provided that such data will be anonymized and will not personally identify you. 

 

Non-Personal or Aggregate Data That We Collect:

When you access our Service, LIOTA may automatically collect non-personal data from you, such as web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual.   We may also aggregate information collected offline in connection with the Service, obtain non-personal data from third party sources and develop aggregate data by anonymizing previously collected personal data.

 

It is possible at times when collecting non-personal data through automatic means that we may unintentionally collect or receive personal data that is mixed in with the non-personal data.  While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists.  If you believe that we have inadvertently collected your personal data, please notify us at info@liota.ai.

  

Information Usage:

We will only use your personal data as described below, unless you have specifically consented to another type of use, either at the time the personal data is collected from you or through some other form of consent from you or notification to you:

 

• We may share your personal data collected in connection with providing the Service.

• We may use your personal data to respond to your inquires or requests.

• We may use your personal data to send you emails from time to time about our services, but we will not provide your personal data to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.

• We may share your personal data with third parties to further the purpose for which you provided such information to us(collectively, the “Third Party Vendors”). For a complete listing of Third Party Vendors, contact us at info@liota.ai.

• We may disclose personal data as required by law or legal process.

• We may disclose personal data to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.

• We may transfer your personal data in connection with the sale or merger or change of control of LIOTA or the division responsible for the services with which your personal data is associated.

• We may share your personal data with an affiliate of LIOTA who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

 

Non- personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

 

Information for Users from outside the United States:

The information that we collect through or in connection with the Service is transferred to and processed in the United States for the purposes described above. LIOTA may also subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties consistent with this Privacy Policy located in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Service or by providing any information to us, you expressly consent to such transfer and processing.

 

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes.  We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service.  We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below.  In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service.  You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personal data from your computer without your knowledge.

 

You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. However, if you reject our cookies, many functions and conveniences of the Service may not work properly.

 

Analytics and Conversion Tracking:

We use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage. 

 

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. 

We may use cookies on our site for Google Analytics and other analytics services (the “Analytics Services”). The Analytics Services are web and mobile analytics tools that help website and mobile application owners understand how visitors engage with their website and/or mobile application. Customers of the Analytics Services can view a variety of reports about how visitors interact with their website and mobile application so that they can improve them. 

Like many services, the Analytics Services use first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site. 

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. 

The Analytics Services collect information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Services without affecting how you visit our site. 

 

For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

 

Security:

The security of your personal data is very important to us. When we collect your personal data online, we use reasonable efforts to protect it from unauthorized access.  However, due to the inherent open nature of the Internet, we cannot guarantee that your personal data will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk.  We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personal data. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

 

We will investigate and report data breaches within 72 hours of becoming aware of such breach. When a breach of personal data is likely to result in a high risk to the rights and freedoms of individuals then LIOTA will notify the affected individuals without undue delay.

 

LIOTA performs background checks on all new employees at the time of hire in accordance with applicable local laws. Additionally, at least once per year, LIOTA employees must complete a security training which covers security best practices. LIOTA’s dedicated security team also performs phishing awareness campaigns and communicates emerging threats to employees.

 

Your Disclosures in Blogs and Other Social Media:

You should be aware that personal data which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions.  We are unable to control such uses of your personal data, and by using the Service or any other online services you assume the risk that the personal data provided by you may be viewed and used by third parties for any number of purposes.
 

If you connect to a third party service such as Facebook or Twitter through an icon or link on the Service or otherwise link your LIOTA account with a third party service, we may share the contents of your post and associated information (such as your user name, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party.  With your one-time consent, we may also send information about the content you watch and your activities on the Service to such third parties. Once such information is shared, the use of your information will be subject to that service's privacy policy and this Privacy Policy will not apply.
 

Protection for Children:

We generally do not collect personal data from children under the age of 13.  If at any time in the future we plan to collect personal data from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA.  When we become aware that personal data from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

 

Other Services:

As a convenience to you, we may provide links to third-party services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

 

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal data in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will email you and give you the opportunity to review the revised policy before you choose to continue using the Service.

 

User Access to Data:

You have the right to request access to the data information we have stored on you. You can do this by contacting us at info@liota.ai. We will make sure to provide you with a copy of the saved data particular to you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending an electronic copy unless you expressly specify a different method of receipt.

 

Data Correction and Deletion:

If you believe the data LIOTA has collected on you is incorrect, you are encouraged to contact us to update it. Any data that is no longer needed for the purposes specified in this Policy will be deleted. You may request to have your data updated or deleted at any point by emailing us at info@liota.ai. Notwithstanding the foregoing, we may keep copies of any personal data submitted as part of a support ticket; if you would like us to delete this information as well, please email us at info@liota.ai.

 

Opt-Out Process:

All unsubscribe or opt-out requests may be made by emailing us at info@liota.ai or by clicking the “unsubscribe” link at the bottom of the email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personal data from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.  You should contact such third parties directly. If you would like to update or correct any personal data that you have provided to us, please email us at info@liota.ai and once we confirm your information, we will update such information within a reasonable amount of time.

 

Communications with LIOTA:

By providing your contact information through channels including but not limited to your email address and phone number (collectively the “Channels”) to us, you expressly consent to receive communications from us.  We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

 

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

 

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from LIOTA.

 

By using the Service, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the App or SaaS).

 

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.  Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

 

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal data relating to users of the Service. 

 

Site Terms of Service:

Use of this Service is governed by, and subject to, the Terms of Service located at https://www.liota.ai/terms-conditions (the “Terms”).  This Privacy Policy is incorporated into the Terms.  Your use, or access, of the Service constitutes your agreement to be bound by these provisions.  

Servers:

Some or all of our servers may be maintained in the United States.  By using the Service, you freely and specifically give us your consent to export your personal data to the United States and to store and use it in the United States as specified in this Privacy Policy.  You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

 

Governing Law:  

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, United States, regardless of your location.  Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Service or this Privacy Policy shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Privacy Policy constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of this Privacy Policy is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

Contact:

For questions or concerns relating to privacy, we can be contacted at info@liota.ai or 250 E Sandford Blvd, Mt. Vernon, NY 10550.

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Disclosures for California Residents:

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information like age.
 

Notice of Collection:

The information we collect is described in greater detail in section 3 of our Privacy Policy. The categories of personal information that we have collected—as described by the CCPA—including in the past 12 months are:

• Identifiers: Including name, email address, social security number, and employer identification number.

• Geolocation data: Including location history via devices, IP address, and broad or precise geolocation.

• Internet activity: Including browsing history, search history, and data on interaction with a webpage, application, or advertisement.

• Commercial information: Including records of products or services purchased.

• Professional or employment-related information: Including employment history, employment records, and current or past job history or performance evaluations.

• Inferences drawn from other personal information: Including predictions about consumer preferences, characteristics, or behaviors.

• Protected classifications under California or federal law: Including race, religion, nationality, age, ancestry, citizenship, marital status, sex, and veteran or military status. 

 

We obtain the categories of personal information listed above directly from you.  For example, when you create an account through the Service, you provide us with personal information like your name and email address.  We also obtain the categories of personal information listed above indirectly from you from observing your actions on our Service.  We may use or disclose the personal information we collect for the business purposes described in our Privacy Policy, including to provide and manage our Service.  

We may share your personal information by disclosing it to a third party for a business purpose.  We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. 
 

Right to Know and Delete:

California residents have the right to request we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, 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 or selling that personal information.

• The categories of third parties with whom we share that personal information.

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

  • sales, identifying the personal information categories that each category of recipient purchased; and 

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

• The specific pieces of personal information we collected about you (also called a data portability request).
   

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.
 

To exercise your rights to know or delete described above, please submit a request by email at info@liota.ai.  Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.  We will require written proof of the agent’s permission to do so and verify your identity directly.    
 

You may only submit a request to know twice within a 12-month period.  If we are unable to verify your identity, we may deny your requests to know or delete.  Your request to know or delete must:
 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name and email address; and

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  
   

We will confirm receipt of your request within 10 business days. We endeavor to substantively respond to verifiable consumer request within 45 calendar days of receipt.  If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.  
 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 
 

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 
 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 
 

Right to Opt-Out:

We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
 

Right to Non-Discrimination:

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.  
 

Shine the Light:
If you are a California resident, you may ask for a notice describing what categories of personal information we share with third parties or affiliates for those third parties or affiliates’ direct marketing purposes and identify the name and address of the third parties that received such personal information. Please submit a written request to info@liota.ai and specify you want a copy of your California Shine the Light Notice. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

 

Rights of Residents of Certain US States:

Residents of certain states have rights to access, delete, correct, or opt-out from certain types of processing or sharing of their personal information. Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

 

Access your personal data. You may request to access a copy of the personal information we maintain about you.

 

Additionally, you may request more information about:

• the categories and specific pieces of personal data we have collected about you, 

• the categories of sources from which personal data is collected, and 

• the categories of entities with whom we share personal data. 

 

You can also request more information about categories of entities who use your personal data for other purposes (for example, joint marketing, joint offerings, etc.) for valuable considerations. This information may be delivered by mail or electronically at your request.

 

Right to correct your personal data:
You may submit a request to correct inaccurate personal data. 

 

Right to delete your personal information:
You may request that LIOTA delete your personal data. Deleting this data may impact our ability to provide services to you. Please also be aware that we will continue to maintain certain data when permitted by law to complete transactions on the Service, detect security issues, prevent illegal or fraudulent activities, identify and repair errors on the Service, comply with relevant laws and regulations, and for other internal and lawful purposes.

 

Right to opt-out from sale of your data:
As discussed in this Policy, LIOTA may disclose your personal data to our business partners who use it for purposes relevant to our services (for example, joint marketing, joint services offerings, etc.). These disclosures may be deemed to be a “sale” under certain privacy laws (for example, California) if such disclosure is for valuable consideration. However, we will not disclose your data to third parties for purposes unrelated to our services in exchange for monetary value. You may opt-out from the sale of your personal data.

 

Right to limit the use and disclosure of sensitive personal data:
In certain states, such as Virginia, we may collect and process “sensitive personal data” with your opt-in consent. For certain other states, including California and Utah, you may request that we limit the use and disclosure of your sensitive personal data to certain purposes that are permitted by law (for example, providing services to you, detecting security incidents, preventing illegal or fraudulent action, protecting your and other users’ safety, and maintaining the quality of services we provide. Please note that the definition of sensitive personal data varies from state to state, so your rights with respect to specific types of data will depend on your state of residency. 

 

Right to appeal your request:
Residents of certain states may appeal a decision by LIOTA to decline to take action on a privacy-related request by you within a reasonable time after your receipt of the decision. 

 

Below is a summary of your rights based on your state of residency: 

 

Colorado, Connecticut, and Virginia: 

• Right to access, delete or correct your personal data

• Right to opt-out of sale of personal data for money

• Right to opt-out of targeted advertising

• No discrimination

• Right to appeal.

 

Utah: 

• Right to access or delete personal data

• Right to opt-out of sale of personal data

• Right to opt-out of targeted advertising

• No discrimination.

 

California:

• Right to access, delete correct or delete personal data

• Right to opt-out of sale of personal data

• Right to opt-out of sharing of personal data for targeted advertising

• Right to limit the use of sensitive personal data

• No discrimination.

 

Your Privacy Right Under the California Shine the Light Act

 

How to Know If My Data Has Been Disclosed for Direct Marketing Purposes:
Subject to certain limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with:

 

• a list of certain categories of personal data that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year, and the identity of certain third parties that received personal data from us for their direct marketing purposes during that calendar year.

 

To make such a request, please contact us as follows:

250 E Sandford Blvd, Mt. Vernon, NY 10550

info@liota.ai