App Privacy Policy
CATRAK TECHNOLOGIES, INC.
DRIVESTREAM™ MOBILE APP PRIVACY POLICY
Last modified: April 11, 2025
Introduction
Catrak Technologies, Inc. (“ Company” or “ ”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
• The types of information we may collect or that you may provide when you download, install, create an account on, access, or use Company’s DriveStream™ application (the “ App”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.
This policy DOES NOT apply to information that:
• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party, including other apps, websites, or content that may link to or be accessible from or through this App (see Third-Party Information Collection).
Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Please read this 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, do not download, create an account, or use this App. By downloading, creating an account, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.
Children Under the Age of 18
The App is not intended for children under 18 years of age. No one under age 18 may provide any information from children under 18. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this App through any of its features, create an account on the App, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at 1-888-393-1683 or help@catraktech.com.
Important Notice for Drivers
If you did not download or install our App but instead received it pre-installed on a mobile device given to you by your employer or someone else, this privacy policy (and Company’s Terms Of Use, Acceptable Use Policy, and other agreements) still applies to you when you decide to use the App. If you do not agree with the terms of this privacy policy or our other agreements, you are directed to cease using the App and promptly contact the person that owns or administers your device to learn about its privacy practices.
Information We Collect and How We Collect It
We collect information from and about users of our App:
• Directly from you when you provide it to us.
• Automatically when you use the App
Information You Provide to Us:
When you download, create an account, or use this App, we may ask you provide information:
• By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“ personal information”).
• That is about you but individually does not identify you.
This information includes:
• Information that you provide by filling in forms in the App. This includes information provided at the time of creating an account on the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information if you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Details of transactions you carry out through the App or our website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.
You may also provide information for publication or display (“ Posted”) on public areas of the app or websites you access through the App (collectively, “ User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our App, including when you download, access, or use the App, we may use automatic data collection technologies to collect certain information about your device and your browsing and usage activity and patterns, including:• 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 traffic data, location data, logs, and 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.If you do not want us to collect this information do not download the App or, if you have downloaded the App, delete it from your device. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.The technologies we use for automatic information collection may include:• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.We do not collect personal information automatically, but we may tie non-personal information collected automatically to personal information about you that we collect from other sources or that you provide to us.Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:• Advertisers, ad networks, and ad servers.• Analytics companies.• Your mobile device manufacturer.• Your mobile service provider.These third parties may use 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) 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. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
• Provide you with the App and its contents, and any other information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Give you notices about your subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our App users is among the assets transferred.
• To third parties to market their products or services to you if you not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use and Acceptable Use Policy, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@catraktech.com.
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@catraktech.com
• Disclosure of Your Information for Third-Party Advertising and Marketing.If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@catraktech.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“ NAI”) on the NAI’s website.
Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Your State Privacy Rights
Many states, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
• targeted advertising (excluding Iowa);
• sales; or
• profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data or process personal data of minors under 18, 17, or 16 years old.
The exact scope of these rights may vary by state. To exercise any of these rights please us an email stating your request to help@catraktech.com. If we do not honor your data access request, and you disagree with our decision, you may appeal our decision by contacting us by email within a reasonable period of time to request an appeal.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: help@catraktech.com.
Data Retention
Customer data shall be retained for 30 days. Anonymized and scrubbed data used for research purposes shall be held for up to 12 months.
The Customer can, at its own cost, request CATRAK to delete the Data at any time. CATRAK will remove or anonymize all Data from all entities, including any cached or backup copies, within sixty (60) days of the end of the retention period. When the Agreement expires, CATRAK will retain the Data which the Customer has not requested to be deleted, for at least ten (10) days so the Customer may extract it, except for free trials, where CATRAK may delete or anonymize the Data immediately. The Customer can, at its own expense, request CATRAK to extract Data. The Customer agrees that CATRAK has no additional obligation to continue to hold, export or return Data and that CATRAK has no liability whatsoever for deletion of Data pursuant to the Agreement.
Notwithstanding the foregoing, CATRAK may retain Data if required to comply with applicable laws, regulations, legal obligations, or for the establishment, exercise, scoring model verification requirements, or defence of legal claims. Any retained Data shall be securely stored and used solely for such purposes. The Data shall be deleted or anonymized as soon as the legal basis for retention no longer applies.
The Customer is responsible for the accuracy of any Customer Material and Data provided to CATRAK. Hence CATRAK can never be held responsible for any faulty assessments or misjudgements based on corrupt Data and/or Customer Material and/or faulty information or the lack of sufficient data and/or information.
The Parties agree and confirm that if CATRAK is processing the Customer’s employees’ personal data under the Agreement because of the Service CATRAK is offering to the Customer, CATRAK is the data processor regarding the personal data of the Customer’s employees.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures included through the App.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, it is our policy to notify you through a notice on the App’s home page.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Company address: 11021Via Frontera, Suite C, San Diego, CA 92127
Email: help@catraktech.com
Dispute Resolution
Any legal disputes or claims arising out of or related to this Privacy Policy (including without limitation claims related to the use of the Application, the interpretation, enforceability, revocability, or validity of this Privacy Policy, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the State of Delaware. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims must be brought within the statute of limitations or other time required by applicable law. You agree that you shall bring any claim, action or proceeding arising out of or related to this Privacy Policy in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN ANY FORUM, INCLUDING WITHOUT LIMITATION CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS.