Baton Privacy Policy

Baton Trucking, Inc.

391 Grove Street, San Francisco, CA 94102

Protecting your information online is of the utmost importance to Baton Trucking, Inc. (together, “Baton Trucking”, “we” “us”, or “our”). This privacy policy (the “Privacy Policy”) explains what information we collect about you, how we will and will not use the information you entrust to us, with whom we may share such information, and what choices you have regarding our use of such information. This Privacy Policy applies to information collected through the Baton Trucking website located at www.baton.io (the “Site”), any mobile applications associated with the Site or otherwise offered by Baton Trucking (the “Mobile Applications”), all interactive features, applications, widgets, blogs, social networks and social network “tabs”, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, software or functionality contained on the Site or Mobile Applications(collectively the “Software” and, together with the Mobile Applications and the Site, the “System”). For purposes of this Privacy Policy, “Baton Trucking” shall include Baton Trucking, Inc. and all of its affiliates, subsidiaries, directors, officers, agents, and employees.

This Privacy Policy is incorporated into and is a part of the User Agreement and Terms and Conditions. We encourage you to become familiar with the terms and conditions of this Privacy Policy and the User Agreement and the Terms and Conditions. By accessing and using the System, or any part thereof, you agree that you have read and understand this Privacy Policy, and that in exchange for access to the System, you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

This Privacy Policy explains how we, Baton Trucking, process personal information obtained via our websites, application software and mobile apps.

Baton Trucking, Inc., and its affiliates and subsidiaries (collectively, “Baton Trucking”) respect your privacy.

This Privacy Policy describes the types of personal information we collect, how we use your personal information, with whom we share it, the choices you can make about our use of your personal information and how you can contact us.

This policy is in nature and describes our data protection practices in relation to personal information collected through our websites, through application software and mobile apps.

YOUR CONSENT. By using the System (or any portion thereof), you agree that this Privacy Policy governs our collection, use and disclosure of any information collected by us on or through the System. If you do not agree to be bound by this Privacy Policy, you may not access or use the System (or any portion thereof). This Privacy Policy applies only to information collected through the System and not to any information collected offline.

INFORMATION WE COLLECT. We process information about you that you have provided either directly (for example where you have submitted information to us on our websites) or indirectly (for example from publicly available sources, trade associations or from the cookie technology we use on our websites). Baton Trucking collects information about you from various sources. For example, we may have a direct relationship with you, and you may choose to provide personal information to us in connection with that relationship. You may choose to submit information to us, for example, on our websites, in connection with the use of our products, services, or application software, when you participate in an offer or promotion, when you respond to a survey, request white papers, or in connection with an actual or potential business relationship with us. We also may obtain information about you from companies that use our products or services, publicly available information systems, consumer reporting agencies, agents and trade associations, and commercial information services. We also collect information from you when you browse our websites through the use of cookie technology. (See Cookie Statement).

THE TYPES OF INFORMATION WE MAY OBTAIN ARE:

Users of Website

  • - Operating system data
  • - Weblog data
  • - URL Clickstream and path through our website
  • - Name and version of your browser
  • - Mobile device unique identifier
  • - IP Address
  • - Website visit statistics
  • - Your name
  • - Your email address
  • - Your phone number
  • - Your fax number
  • - Your address
  • - Your organization
  • - Your customer number
  • - Your rep group
  • - Information that you enter, in narrative form, into request forms, live customer service chats, or inquiries or other communications submitted by email
  • - Your username and password for your account
  • - U.S. Department of Transportation Number
  • - FMCSA Operating Authority Number (MC Number)
  • - Additional account profile information, such as preferred language

Customers/Shippers

  • - Business contact information (such as job title, department and name of organization)
  • - Contact information (such as name, postal and/or email address, and phone or fax number, country)
  • - Third party contact information that support business processes completed on your behalf (such as consignee or transferee)
  • - Information pertaining to shipments and delivery, Business Financial information (such as financial account information used for payment purposes)
  • - Usernames and passwords used to access Baton Trucking resources
  • - IP Address, device ID and statistical information (such as throughput based on the use of online tools s)
  • - Survey responses
  • - Social Media identifier(s)

Carriers/Drivers

  • - Business and contact information (such as name, postal and/or email address, and phone or fax number, country)
  • - Financial information (such as financial account information used for payment and credit purposes)
  • - Government Identification (such as a driver's license or passport)
  • - Usernames and passwords used to access Baton Trucking resources (such as account registration information to our Carrier or Driver Apps)
  • - Survey responses
  • - Social Media identifier(s) (when you contribute to content on our platform)
  • - Geo-location data (such as information received via in vehicle devices)
  • - IP Address, device ID (when using our Carrier or Driver Apps)

Applicants/Potential Employees, Contractors, and/or Contingent Workers

  • - Information necessary to identify potential candidates for employment such as;
  • - Professional social media public profile data on professional sites (e.g. LinkedIn).
  • - Browsing data from our Careers site (including IP address, website statistics, browsing preferences, clickstream data, etc.)
  • - Contact information
  • - Employment application data
  • - Previous employment, education, and industry certifications
  • - Information necessary to make employment decisions and onboard new candidates for employment such as;
  • - Information required by federal, state, or country laws to enable compliance with jurisdictional requirements such as diversity information, citizenship, etc.
  • - Results of medical evaluations (only where required by law or where necessary for the job role in question)
  • - Results of background checks

Employees (Current/Former)

  • - Employment information (Employees can find additional information about our employment data processes and procedures by contacting a Human Resources representative)
  • - Information necessary to identify and onboard new and potential candidates for employment

HOW WE USE THE INFORMATION WE COLLECT. We use your personal information for a variety of purposes, but in particular to: provide our products and services, handle your job application, market to you (in accordance with your privacy preferences) and, when you’re using our websites and mobile apps, to keep a record of the pages you have visited so that we can promote more relevant products and services to you. We also make sure that we have a lawful legal basis to use your personal information.

WE MAY USE THE INFORMATION WE OBTAIN ABOUT YOU TO:

Users of our Website

  • - keep a record of the pages on our website that you have interacted with so that we can better understand your interests and therefore promote more relevant products and services to you;
  • - understand and improve the effectiveness of, and troubleshoot our websites’ and mobile apps’ content, functionality and usability;
  • - enforce our websites' and mobile apps' terms of use; and;
  • - provide information you request, such as white papers.

Customers/Shippers

  • - provide information (such as white papers, for example), products, and services you request;
  • - provide effective customer service and facilitate payments for services;
  • - contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • - contact you with information and notices related to your use of our products and services, including our websites;
  • - utilize remarketing campaigns using online behavioral advertising techniques;
  • - invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
  • - improve our products and services and develop new products and services;
  • - optimize our business operations (for example, to help us understand best routes so that we can deliver a more effective service);
  • - improve our marketing and promotional efforts (for example, by using technology and social media to help understand whether a particular company may be considering making a transportation decision);
  • - understand and improve the effectiveness of, and troubleshoot our application software, websites’ and mobile apps’ content, functionality and usability; and enforce any commercial agreement.
  • - provide services that require regulatory oversight (such as customs procedures)

Carriers/Drivers

  • - provide information, products, and services you request;
  • - provide effective customer service and facilitate payments or provide credit for services;
  • - communicate and coordinate shipment status information such as location and estimated time of arrival;
  • - comply with the security requirements of our customers (verification procedures to access facilities);
  • - provide insights into shipment characteristics, strategies and allocation of transportation assets;
  • - utilize remarketing campaigns using online behavioral advertising techniques
  • - contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • - contact you with information and notices related to your use of our products and services, including our websites;
  • - invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
  • - improve our products and services and develop new products and services;
  • - optimize our business operations (for example, to help us understand best routes so that we can deliver a more effective service);
  • - understand and improve the effectiveness of, and troubleshoot our application software, websites’ and mobile apps’ content, functionality and usability; and enforce any commercial agreement.
  • Applicants/Potential Employees, Contractors, and/or Contingent Workers
  • - assess suitability for employment and contact you regarding possible employment;
  • - process your application and eligibility for employment;
  • - to keep you up-dated about future roles that we think you may be interested in.
  • Employees (Current/Former)
  • - Evaluate your interest in employment and contact you regarding possible employment with Baton Trucking;
  • - Help you, if you are a Baton Trucking employee, perform your job functions and to manage our workforce;
  • - Provide services and benefits to our employees;

All audiences

  • - promote compliance with applicable legal requirements, industry standards, and corporate policies;
  • - promote security to protect against and prevent fraud, claims, and other liabilities and to manage corporate risk exposure; and
  • - any other purpose for which we provide notice at the time of collection.

LEGAL BASIS FOR PROCESSING. Baton Trucking will only processes personal information where we have an appropriate lawful basis.

INFORMATION WE SHARE. We don't share personal information in unexpected or unlawful ways. We may share the personal information we collect with:

  • - our affiliates;
  • - regulators, governments and authorized law enforcement agencies (when required or compelled through legal mechanisms);
  • - to other third parties when allowed or required by law (for example to prevent or investigate a possible crime, such as fraud or identity theft);
  • - third parties to perform activities that you request;
  • - courts, tribunals, arbitrators or other judicial committees;
  • - our professional advisors and auditors;
  • - a successor or potential successor organization if, for example, we transfer the ownership or operation of one of our websites to another organization or if we merge with another organization.

We sometimes appoint third party vendors to perform tasks on our behalf and under our instruction. In particular, we use cloud providers that host and perform services on our behalf. These third party vendors are not allowed to use your personal information for their own purposes and they are bound to protect your personal information in a manner consistent with our own policies and practices, and relevant legislation.

You may choose to use certain features on our websites for which we work with other entities. These features, which may include social networking and geographic location tools, are operated by third parties that are not affiliated with Baton Trucking. We share information gathered from third party cookies with the providers of the technology such as; YouTube, Facebook, Twitter, and LinkedIn. These third parties may use personal information in accordance with their own privacy policies. We strongly suggest you review the third parties' privacy policies if you use the relevant features.

DATA TRANSFERS. We transfer your personal information outside of your home country to countries which may not offer an equivalent level of protection for personal information to the laws of your home country. For example, to the USA. When we do this, we take steps that the law requires to make sure that your personal information is properly protected. When we transfer your personal information to other countries, we will take measures required by the law to protect that information. These measures include data transfer agreements implementing standard data protection clauses. To obtain more information about the safeguards we have put in place, please contact us using the information below.

YOUR RIGHTS AND CHOICES.We want to make sure that you feel in control of your personal information and, in particular, to know how you can change your mind if you don’t want to receive our marketing emails anymore. We will offer you certain choices about what personal information we collect from you, how we use that information, and how we communicate with you.

We typically offer you an opportunity to choose whether you want to receive certain communications from us, generally by offering an “opt-in” or an “opt-out” option, depending on applicable law, when you first provide contact information through one of our websites, software applications, and/or mobile apps. In addition, we will include an “unsubscribe” link in each electronic newsletter or promotional email we send you, so that you can inform us if you do not wish to receive such communications from us in the future.

Subject to applicable law, you may have the right to:

  • - request access to and receive information about the personal information we maintain about you;
  • - update and correct inaccuracies in your personal information; and
  • - have your personal information transferred, blocked, or deleted.

We will promptly respond to such requests and may ask you for additional information to verify your identity in order to appropriately respond. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if we have a lawful justification. If you would like to exercise any of these rights about your personal information that we hold, please use our contact details set out under the header “How to Contact Us” below.

Please note that there are some instances where we must process your personal information in order to deliver our services. For example, when accepting the terms of use/end user license agreement for our mobile application software, we must collect data from your mobile device in order for software to work properly.

COOKIE STATEMENT. Baton Trucking uses cookies, pixel tags, and other technologies (“Cookies”) to automatically collect information about your interactions, such as browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online ads, and email. What are Cookies? Cookies are small pieces of data (alpha-numerical files) which are downloaded to your device when you visit a website to collect information about your use of the website. Cookies are sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow our websites to remember information about you to make it easier for you to use our websites. Other tracking technologies may use unique identifiers to track and facilitate your use of our websites. You can find more information about Cookies and at https://www.allaboutcookies.org

WHY DO WE USE COOKIES?We use Cookies for a variety of purposes, including to facilitate navigation, to display information more effectively, to personalize your experience, to understand how our websites are used, to market our products and services, to measure the success of our marketing campaigns, and for security purposes.

WHAT COOKIES DO WE USE AND HOW LONG WILL THEY STAY ON YOUR DEVICE?We categorize our cookies into four types: Necessary, Preferences, Statistics, and Marketing.

Type of Cookie: Purpose

Necessary: Necessary Cookies help make our websites usable by enabling basic functions like page navigation and access to secure areas of the website. The websites cannot function properly without these cookies.

Preferences: Preferences Cookies enable our websites to remember information that changes the way the website behaves or looks, like your preferred language or your preferred region.

Statistics: Statistics Cookies help us understand how visitors interact with our websites. They provide us information about how visitors use our technology, which pages they visit, which links they use, and how long they stay on each page. The information we collect from these Cookies does not identify you personally but in some cases we may be able to link the information from statistics Cookies to your personal identifiable information.

Marketing: Marketing Cookies are used to track visitors using our websites and across other websites. The intention is to display information relevant and engaging for you and thereby providing you a more enhanced user experience, as well as to identify future business opportunities.

Unclassified: Unclassified Cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

HOW TO CHANGE YOUR PREFERENCES SO THAT COOKIES ARE NOT SET ON YOUR DEVICE. Most devices allow you to block Cookies by adjusting the settings on your browser. However, if you use your browser settings to block all Cookies (including necessary Cookies, such as those allowing you to log-in) you may not be able to access all or parts of our website or our website may not function as effectively.

SWEEPSTAKES, PROMOTIONS, CONTESTS AND SURVEYS. On the System, you may wish to participate in online polls, surveys, contests, sweepstakes and other promotions that we may offer from time to time. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. In addition, as noted above, we may share this information with our affiliates, and other organizations or entities. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information found on the System with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that we may offer from time to time via the System, we use the information you provide to administer the polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services or our marketing partners may use such information to communicate with you about the online polls, surveys, contests, sweepstakes or other promotions or their products and services.

EXTERNAL CONSIDERATIONS. Certain portions of the System may include links to other internet sites or other third party applications or systems as a convenience to System users. The inclusion of any link, or third party applications or materials, does not imply our endorsement of any other company, its products, services or privacy practices. Furthermore, Baton Trucking cannot be responsible for personal information disclosed by you to third parties that you reach through links on the System. We encourage you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a linked website or third party application, even if you reached such site or application through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of the applicable website or third party application. You should read the privacy policies of each such website or application to understand how personal information that is collected about you is used and protected.

SECURITY. Baton Trucking takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. However, no data transmission over the internet can be guaranteed to be 100% secure. As a result, Baton Trucking cannot ensure or warrant the security of any information transmitted to the System. You agree to immediately notify us of any breach of the System’s security, this Privacy Policy, or the Terms of Use of which you become aware.

SOCIAL MEDIA PLATFORMS AND WEBSITES. Any information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by email, posting, messaging, uploading, downloading, or otherwise (collectively, the “Submissions”) is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of the System or any social media platform and are therefore not responsible for any Submissions contained on a social media platform or website (or which are viewable on the System by other users). Additionally, by visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.

CHILDREN’S POLICY. The content of our System is appropriate for, but not targeted to children under the age of thirteen. Baton Trucking does not market products or services to this age group. The System is not intended for use by children under the age of thirteen; if you are aware of any use of the System (or any portion thereof) by a child under thirteen, please inform Baton Trucking immediately so that Baton Trucking can terminate such usage.

VISITING THE SYSTEM FROM OUTSIDE THE UNITED STATES. If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. By using any portion of the System, you understand and consent to the transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

UPDATES TO OUR PRIVACY POLICY. This Privacy Policy describes Baton Trucking’ current data protection policies and practices. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Site and the Mobile Applications. You should view this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by this Privacy Policy. We expressly reserve the right to update this Privacy Policy periodically and without prior notice to you to reflect changes in those policies and practices. We will also indicate at the bottom of this Privacy Policy when it was most recently updated. Our electronically or otherwise properly stored copies of this Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in force on each respective date you visited the System. This Privacy Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party other than Baton Trucking.

ONGOING COMMUNICATIONS. The System may provide you with the opportunity to elect to receive future communications about Baton Trucking products and services. If you authorize these communications, we may contact you periodically with such information. However, if you later change your mind and would like to stop receiving such communications, please contact us at the address listed below and let us know that you would like to be removed from all further communications or click the link at the bottom of any email you receive from us and follow the instructions. Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process. Please note that even if you opt-out as described above, Baton Trucking may retain your collected information (including Personal Information) for analytical purposes and other internal purposes, including an ability to reconnect you with such information if you later opt-in to any services or functionalities provided via the System.

THE GENERAL DATA PROTECTION REGULATION (“GDPR”). The GDPR requires us to tell individuals some extra information about how we process their personal information. We take steps to ensure that the personal information we process about you is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymized. For more information about the retention periods we apply to personal data please contact us. You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information. We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. To exercise your rights under the GDPR, please contact us as specified in the How to Contact Us section below. You may also have the right to complain to a data protection authority if you think we have processed your personal information unlawfully. If you have such concerns please contact us in the first instance (using the contact details specified in the How to Contact Us section below) so that we can investigate, and hopefully resolve, your concerns.

CALIFORNIA RESIDENTS – CALIFORNIA CONSUMER PRIVACY ACT (CCPA) RIGHTS. If you are a California resident, this section applies to you. The California Consumer Privacy Act (“CCPA”) requires that we provide transparency about personal information we “sell,” which broadly means scenarios in which Baton Trucking has shared personal information with third parties in exchange for valuable consideration. Baton Trucking does not sell personal information; however, we allow California residents to opt out of future sales of their personal information by submitting a “Do Not Sell My Personal Information” request by email to the email address displayed on our Site. If you would like to use an authorized agent to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.

UPDATES TO OUR PRIVACY POLICY. This Policy describes Baton Trucking's current data protection policies and practices. We reserve the right to update it periodically. When we do, we will indicate at the top of the notice when it was most recently updated and why the changes were made.

HOW TO CONTACT US. If you have any questions or comments about this notice, or if you would like us to update information we have about you or your preferences, you may contact us using the information below.

Baton Trucking Inc.

391 Grove Street

San Francisco, CA 94102

DRAFTING. Gaines Law Group LLC has served as counsel to Baton Trucking, Inc. in the preparation of this Privacy Policy which includes the terms as agreed by the parties. Nothing in this Privacy Policy shall be construed in favor of or against Baton Trucking by virtue of its role in drafting this Privacy Policy. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.

ACKNOWLEDGEMENT. BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF COLLECTED INFORMATION ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.