PRIVACY POLICY – AGENT WEBSITE
(This Privacy Policy – Agent Website has been updated and is effective as of April 8, 2019.)
This Privacy Policy – Agent Website (the “Privacy Policy”) is for those web sites (each a “Site” and together the “Sites”) operated on behalf of a Landstar independent commission sales agent (“Agent,” “Agency,” “we,” “us,” or “our”) to which this Privacy Policy is linked. This Privacy Policy governs how Agent uses, collects and discloses the information gathered from or provided by users of this Site who are residents of the United States, Canada or Mexico. Your use of the Site is evidence of your consent to the collection and use of personal data in accordance with this Privacy Policy.
This Privacy Policy should be read in conjunction with this Site’s Terms of Use – Agent Website (“Terms of Use”), which is incorporated herein by reference. Capitalized terms used and not otherwise defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.
For the avoidance of doubt, and notwithstanding anything else contained herein or to the contrary, this is an Agent website and Landstar Transportation Logistics, Inc. (“Landstar”) or entities that control, are controlled by or are under common control with, Landstar (“Landstar Affiliate(s)”) are not responsible with respect to your privacy in any manner whatsoever related to your use of this Site. Agent is an independent commission sales agent under contract with one or more of Landstar Affiliates.
1. Use by Users Outside of the United States, Canada and Mexico
This Site is intended for use by users located in the United States, Canada and Mexico. If you are located outside of the United States, you are consenting to the transfer and/or transmission of your information into the United States and to the collection, use and disclosure of your information in accordance with this Privacy Policy. You are also acknowledging that the laws of the jurisdiction in which the information is kept will determine the protections afforded to your personal information, and that such protections may not be as strict as your home jurisdiction. Agent stores, processes, transmits and uses Personal Data (defined below) it gathers through your consent by use of the Site in compliance with the laws of the United States, Canada and Mexico.
2. Agreement and Your Consent.
Please read this Privacy Policy, including the Privacy Statement (Canada) and the Privacy Notice (Mexico), carefully as it creates legal obligations. By using the Site, you are acknowledging that you have read and understand this Privacy Policy and you are agreeing to be legally bound by it, and you are consenting to the use, collection, transmission and disclosure of your information as provided in this Privacy Policy.
If you do not consent to the collection of Personal Data in accordance with the Privacy Policy or if you do not agree with all of the terms of this Privacy Policy, you should not use the Site.
3. Scope of Policy
This Privacy Policy applies to the Sites, including this Site, and it does not apply to other web sites, including other web sites operated by Agent or sites that may be operated by others. When visiting other sites, even via links provided on this Site, please review the applicable privacy policies to be sure their terms are acceptable to you.
This Privacy Policy applies only to information we gather from you or that you provide to us online while visiting or using the Site. It does not apply to information gathered from or provided by you to us through other sites, offline, through other business arrangements with you, or through other means.
4. The Information We Collect
The Site offers business information about our Agency. The Site is not to be used by individual consumers to purchase consumer products or services.
The information we collect from users of the Site is information by which an individual may be identified: their first and last name, email address, address, and telephone number (“Personal Data”). Personal Data does not include information collected from individuals accessing this Site as businessmen and women and professionals. We also collect business information from users, and information by which users cannot be individually identified, such as information about a user’s computer, Internet connection and Site usage.
We collect this information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site, provide us with Suggestions through the Site, or if you send us information via email through the Site.
We also collect information automatically as you navigate through the Site, including about your equipment, browsing actions and patterns, including as follows:
We record general statistical and tracking information, of the date and time you access the Site, the places you visit on the Site, and the time you spend using the Site.
We receive and record information about your computer and its systems and in our server logs from your browser, including your IP address (the Internet address of your computer), your computer and its systems, the type and version of your web browser, referrer addresses and other server log information.
We use cookies and other tracking mechanisms to recognize you when you return to the Site. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a site’s computers and stored on your computer’s hard drive. With respect to most computer systems, you may set your browser so that it does not accept cookies. If you do disable the use of cookies, you may not be able to use or experience all of the features of our Site. If you do not disable cookies you consent to the collection of Personal Data, if any, through our use of cookies.
We also may, but are not obligated to, monitor your use of the Site. Once again, for the avoidance of doubt, Landstar is not responsible to you with respect to your privacy and or your use of the Site. Any and all privacy questions or concerns should be directed to the Agent.
5. Our Use and Disclosure of this Information
We may use the information that we collect about you or that you provide to us as set forth above, including your Personal Data, as follows:
a) Necessary purposes:
For any Agent business purpose;
To provide you with the information, products and services that you request from us;
To fulfill any other purpose for which you provide the information to us, including but not limited to, permitted transfer of information or Personal Data to Landstar or Landstar Affiliates;
b) Accessorial purposes:
To notify you about changes in the Site, its governing documents, or any products or services we offer through the Site;
To allow you to participate in interactive sections of the Site;
To inform you about us and/or our programs, goods and services and/or those of third parties in which we determine you may be interested;
To communicate with you about your use of the Site and regarding our business;
For any other purpose to which you consent;
In any other way we may describe when you provide the information; and
To aggregate user information.
If you do not accept any of the accessorial purposes, please contact the Agent or Agency identified at the Site linked to this Privacy Policy; otherwise we understand that you have consented to all of the uses and purposes listed herein.
We may also use, process, transmit and disclose to others the information we gather from you, including your Personal Data, as follows:
To fulfil the purpose for which you provide the information, for any other purpose disclosed when you provide the information, and for any purpose to which you consent.
We may disclose your information to our satellite agents and/or Landstar and allow them to use and disclose your information for any Agent business purpose.
We may employ other companies, services providers and our own affiliates to perform functions on Agent’s behalf, such as maintaining the Site, providing services related to the Site, collecting information, processing information, responding to and sending electronic mail, fulfilling orders for products, services or information, or other functions necessary to our business, and we may disclose your information to these companies so that they can perform their functions for us.
We may use and disclose your information as we view necessary or prudent to protect our and our affiliates’ safety, rights and/or property and that of others and other users, to enforce and/or to report abuse or violation of the Site’s governing documents, and in connection with our legal obligations, if any.
We may use and disclose your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us and/or our affiliates.
We may use and disclose your information to the extent we believe we are required to do so by law, including to comply with any court order, law, regulation or legal process, and to respond to any government or regulatory request.
We may transfer and disclose your information in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the assets of Agent, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by Agent is among the assets transferred.
Except as provided in this Privacy Policy, we will not disclose your Personal Data to third parties without your express consent.
If you do not accept any of the transfers of information listed above, please contact the Agent or Agency identified at the Site linked to this Privacy Policy; otherwise we understand that you have consented to all of the transfers listed herein.
We may compile statistical and aggregated information about users of the Site and their use of the Site, and we may use, disclose and transfer this information, as well as any information that does not identify an individual, and any suggestions you provide, for any purpose without restriction.
6. Security
We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your Personal Data transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
7. Relationship to Other Contracts
The terms of this Privacy Policy do not affect or amend the terms of any specific contracts you have entered or may enter into with Landstar or Landstar Affiliates, except as otherwise expressly set forth in such contract.
8. Children
The Site is not directed to or intended to be used by persons under the age of 18, and Agent does not knowingly collect Personal Data from persons under the age of 18. If we learn that a person under 18 has provided us with Personal Data through this Site, we will delete this information from our databases.
9. Changes to this Privacy Policy
From time to time, Agent may change its Privacy Policy. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed, and to its application to all information gathered before and after its effective date.
10. Contact Us
If you have questions about this Privacy Policy, please send an e-mail to the Agent or Agency identified at the Site linked to this Privacy Policy.
CANADA PRIVACY STATEMENT
(This Canada Privacy Statement was last updated on April 8, 2019.)
If you are a Canadian resident accessing this Site from Canada, this Canada Privacy Statement (“Statement”) may apply to you.
Agent recognizes the importance of protecting Personal Information (defined below) in a manner consistent with the laws of the countries in which it does business. This Statement sets forth the particular privacy principles that Agent follows with respect to the Personal Information that it collects from Canadian residents.
1. SCOPE
This Statement applies to all Personal Information received by Agent from Canadian residents, in any format, including electronic, paper or verbal.
2. DEFINITIONS
For purposes of this Statement only, the following definitions shall apply:
“Personal Information” means any personally identifiable information. Personal Information does not include information that is anonymized.
3. PRIVACY PRINCIPLES
CONSENT, COLLECTION AND USE
Agent identifies the purposes for collecting Personal Information at or before the time it is collected and informs individuals of the choice and means, if any, Agent offers individuals for limiting the collection, use or disclosure of their Personal Information. Agent will provide individuals with reasonable mechanisms to exercise these choices.
Agent will not collect, use or disclose your Personal Information without your informed consent, unless required or permitted to do so by law, or unless otherwise noted in this Statement.
Agent will only use and/or disclose Personal Information in accordance with the purpose for which it was collected, unless subsequently consented to, or when required or permitted by law.
If Agent receives Personal Information from its subsidiaries, affiliates or other entities in Canada, it will use and disclose such information in accordance with the consent received by such entities at the time of collection and the choices made by the individuals to whom such Personal Information relates.
ONWARD TRANSFERS
Agent will obtain assurances from any third party to whom it discloses Personal Information that such third party will safeguard Personal Information consistently with this Statement. Agent will enter into a contract with such third party prior to affecting a transfer of Personal Information, which contract will provide at least the same level of protection as is required by this Statement and by applicable privacy legislation. Where Agent has knowledge that a third party is using or disclosing Personal Information in a manner contrary to this Statement, Agent will take reasonable steps to prevent or stop the use or disclosure of the Personal Information and/or to obtain the third party’s deletion, destruction, anonymization or return of the Personal Information.
SECURITY
Agent will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, use, disclosure, alteration and destruction.
DATA INTEGRITY
Agent will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Agent will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. Except as otherwise permitted or required by law, Personal Information is retained for so long as is reasonably necessary to fulfil the purposes for which it was collected, at which point it is deleted, destroyed, returned or otherwise anonymized.
ACCESS
Upon request, Agent will grant individuals reasonable access to Personal Information that it holds about them. In addition, Agent will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by contacting Landstar as provided below.
ENFORCEMENT
Agent may, from time to time, conduct compliance audits of its relevant privacy practices to verify adherence to this Statement. Agent will use contractual or other means to ensure that any third party provides a comparable level of protection over your Personal Information while the information is being processed by such parties.
Only employees of Agent whose duties require access to Personal Information are granted such access, and only to the extent necessary. Employees are accountable for ensuring this Statement is followed at all times. Any employee that Agent determines intentionally violates this Statement will be subject to disciplinary action up to and including termination of employment.
4. RELATIONSHIP TO OTHER CONTRACTS
The terms of this Privacy Statement do not affect or amend the terms of any specific contract(s) you have entered or may enter into with Landstar or Landstar Affiliates, except as otherwise expressly set forth by contract.
5. GOVERNING LAW AND DISPUTE RESOLUTION
This Statement, and the handling of Personal Information under this Statement, is governed solely by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws.
Agent may disclose Personal Information to Landstar resulting in Personal Information being processed, used, stored or accessed in the United States and may be subject to laws of that jurisdiction. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. In particular, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Agent identified at the Site linked to this Privacy Policy. Agent will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of Personal Information in accordance with the principles contained in this Statement.
Any claim or cause of action you may have arising from, connected with, or relating to this Statement or to Agent’s handling of your Personal Information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
6. CONTACT INFORMATION
Questions, comments or requests related to your use of the Site, regarding this Statement, and Agent’s information handling policies and procedures should be submitted to the Agent identified at the Site linked to this Privacy Policy at the email, phone or address provided by the Agent.
7. CHANGES TO THIS STATEMENT
Any changes to this Statement and to Agent’s information handling practices will be acknowledged in this Statement in a timely manner. Agent may add, modify or remove portions of this Statement when it feels that it is appropriate to do so. For substantive changes, Agent will make reasonable efforts to give notice of any changes to this Statement. Agent may provide notifications of substantive changes prominently on its website and/or send an email or other form of communication notifying individuals of substantive changes to the Statement. Substantive changes to the Statement will be binding thirty (30) days after such changes have been introduced and for which notification of such substantive changes has been made. The date when this Statement was most recently amended is noted at the top of this Statement.
PRIVACY NOTICE
(This Mexican Privacy Notice was last updated on April 3, 2019.)
If you are a resident of Mexico, this Privacy Notice may apply to you.
Agent recognizes the importance of protecting personal data in accordance with the laws of Mexico. This Privacy Notice sets forth how we collect, use and process personal data in numeric, alphabetical, graphic, photographic, acoustic or any other form concerning an identified or identifiable individual (“Personal Data”). The items contained in this Privacy Notice are required by Article 26 of the Law on the Protection of Personal Data Held by Private Parties (“Data Protection Law”).
Agent is considered the “Data Controller” pursuant to the Data Protection Law.
Agent will not collect financial, property or sensitive data from you without your express consent. Sensitive data is information related with state of health, medical history, impairments, medical requirements, allergies, results of psychometric tests, gender, marital status, bank accounts, records and affiliations.
When express consent is required, Agent will provide you with a simple and free-of-charge means of providing express consent.
If you have a legal relationship with Agent, your express consent is not required for processing financial, property or other Persona Data as strictly required by for the relationship.
Agent will not use your Personal Data for any purpose not described in this Privacy Notice or Privacy Policy.
You may revoke your express consent for the use of your Personal Data at any time by contacting the Agent or Agency identified at the Site linked to this Privacy Notice and providing sufficient information so that the Agent can comply with your request. In any case, said application must clearly detail the data or purposes for which your consent is revoked.
Your use of this Site provides consent (tacit or express) for the collection of Personal Data through the technology means discussed in the Privacy Policy. If you do not consent to collection of Personal Data through your use of the Site, DO NOT USE THE SITE.
The Personal Data collected is minimally necessary to provide you with useful information through access to the Site.
Your Personal Data may be transferred to third parties or outside of Mexico to offer you goods or services in accordance with your use of the Site.
Your consent is not necessary when transfers are done to Agent , when transfers are necessary to comply with the obligations derived from your relationship with Agent.
This Privacy Notice does not apply to corporations or individuals accessing the Site as businessmen and woman and professionals.
If Personal Data is collected by technology means (as described in the Privacy Policy) it is presumed to comply with the Quality Principle of the Data Protection Law, until such time as you declare and prove otherwise.
Agent will retain your Personal Data only as long as necessary to facilitate your use of the Site or services related to the Site.