CASHEW™ PRIVACY POLICY – Pallet TMS Mobile

Last modified: November 15, 2023

Cashew Systems, Inc. (“Cashew”) operates the mobile application Pallet TMS Mobile (the “App”) and platform and websites (including https://www.withcashew.com/) (collectively, “Site”) for trucking carriers with warehousing, shipping, and customer documentation management, and order dispatching, route planning, customer communication, and customer and carrier payment calculation capabilities (together with the App and Site, the “Services”).

Cashew respects and protects the privacy of all individuals that access and use our Services. We maintain strict policies to ensure the privacy of those who visit our Site and those who use our Services as either (1) transportation companies and freight carriers (“Carriers”) or (2) delivery drivers contracted by Carriers (“Drivers”) (visitors, together with Carriers and Drivers, the “Users”). This policy (“Privacy Policy”) describes the types of information we may collect from you and our practices for how we collect, use, maintain, protect, and disclose such information. The way that we collect and use your information depends on the way you access and use the Services. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you.

By using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is to not use our Services.

Summary of Data Collection, Disclosure and Sale

Here is a short summary of data, the categories of data we have collected, disclosed, and / or sold over the last twelve months. We do not sell data, however, and the rest of this Privacy Policy provides more in-depth information on our privacy practices.

Identifiers, such as contact details, real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name.

Do we collect? Yes
Will we disclose this data as part of our business? Yes
Will we sell this data? No

Categories of PI described in the California Consumer Privacy Act (including name, email, phone number, mailing address, birthday)

Do we collect? Yes
Will we disclose this data as part of our business? Yes
Will we sell this data? No

Commercial information: (Transaction information, purchase history, financial details, and payment information)

Do we collect? No
Will we disclose this data as part of our business? No
Will we sell this data? No

Geolocation data: (device location)

Do we collect? Yes
Will we disclose this data as part of our business? Yes
Will we sell this data? No

Internet or other electronic network activity information: (Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements)

Do we collect? Yes
Will we disclose this data as part of our business? Yes
Will we sell this data? No

Inferences drawn from other personal information to create a profile about a consumer: (for example, an individual’s preferences and characteristics)

Do we collect? No
Will we disclose this data as part of our business? No
Will we sell this data? No

Biometric information

Do we collect? No

Characteristics of protected classifications under California or federal law

Do we collect? No

Audio, visual or similar information

Do we collect? No

Professional or employment related information

Do we collect? Yes

Non-public education information (per the Family Educational Rights and Privacy Act)

Do we collect? No

INFORMATION THAT CASHEW COLLECTS

Types of Information Collected

Personal Data

“Personal Data” is information by which you may be personally identified. Cashew may collect the following Personal Data from you:

Name;
Username;
Password;
Driver’s License Number;
Mailing Address;
Phone Number;
Background location data (your location data when the App is not actively open on your device’s screen);
Foreground location data (your location data when the App is actively open on your device’s screen); and
Photo (optional).

We collect both Background location data and Foreground location data in order for the App to function as intended and as further explained below in “Why we collect and how we use your information.”

Non-Personal Data

Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. We may collect your IP Address, device information, or location information, such as to determine or calculate the applicable pay schedule (e.g., by distance) for a Driver.

When non-Personal Data you give to us is combined with Personal Data we collect about you, it will be treated as Personal Data and we will only use it in accordance with this Privacy Policy.

How we collect information

We collect information about you in a couple of ways:

(1) when you provide it do us directly through an interaction with us; for example

When you register for an account;
When you participate in surveys or provide feedback;
When you contact us regarding service or support requests;
When you use the Services;
When you enter information into your account
When you contact us for service requests

(2) through automated collection methods like cookies or log files;

(3) when we obtain the information through a third party (with respect to Drivers, we may obtain some of your information from a Carrier when you have instructed or authorized them to collect and process your information), for example:

Information from our service providers: We may receive information about you from third-party service providers that we engage for verification, log-in, or marketing our products and services.
Information from social media sites and other publicly available sources: When you interact or engage with us on social media sites through posts, comments, questions, and other interactions, we may collect such publicly accessible information, including profile information, to allow us to connect with you, improve our products, or better understand user reactions and issues. We must tell you that once collected, this information may remain with us even if you delete it from the social media sites.

Why we collect and how we use your information. (Legal Basis)

We collect and use your Personal Data when we have a legitimate purpose to do so, including the following reasons:

to confirm your identity to use the Services;
when it is necessary for the general functioning of the Services, including to facilitate routing, warehousing management, or to contact you;
In order to provide Services that you order.
In order to gain knowledge of the quality of the services
In order to enhance the efficacy of our services
when it is necessary for connection with any contract you have entered into with us (including our terms of service or when you make a purchase through the App) or to take steps prior to entering into a contract with us;
when we have a legitimate interest in processing your information for the purpose of providing or improving our Services;
when we have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law; or
when we have a legitimate interest in using the information for the purpose of detecting and protecting against, breaches of our policies and applicable laws.

We may use aggregated (anonymized) information about our Users, and information that does not identify any individual, without restriction.

If you are a Driver: this App is linked to your Carrier’s transportation management system (TMS) and enables you to view your route and receive communications from dispatchers and enables your Carrier and/or warehouse personnel to view package information from your pick-up or delivery. When you are in the process of completing a route that you agree upon with your Carrier, you must enable both Background location sharing and Foreground location sharing at all times during the route in order to use the App so that the App can function properly, whether or not the App is actively open on your device’s screen. When you begin a route and at all times during your route, the App will use your mobile device’s GPS for location information so that information relevant to your location can be presented to your Carrier’s TMS for the sole purposes of 1) enabling you to receive communications and route information from your Carrier, and 2) for you to verify your compliance with delivery instructions and route completion progress with your Carrier.

Accessing and Controlling Your Information

If you would like to prevent us from collecting your information completely, you should cease use of our Services as our platform does not operate without collecting information. You can also control certain data via these other methods:

Correction capabilities: You have the ability to access and correct any inaccuracies in your personally identifiable information by logging into the App and editing the information through your profile settings on the App. You may also email us at our email address provided in the Questions and Comments section below to correct such inaccuracies.

Opt-out of non-essential electronic communications: You may opt out of receiving newsletters and other non-essential messages by using the‘unsubscribe' function included in all such messages. However, you will continue to receive notices and essential transactional emails.

Optional information: You can always choose not to fill in non-mandatory fields when you submit any form linked to our services, such as email address and location in registration.

Under the California Consumer Privacy Act, the Virginia Consumer Data Protection Act, and Nevada’s online privacy laws, residents of these states have statutory data rights. We provide the same control and rights over your data no matter where you choose to live in the United States. As a User of the Services, you have the following control over your data:

Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, includingthe information's source, purpose and period of processing, and the persons to whom the information is shared.

Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.

Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.

Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.

Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing

Exercise Your Data Rights

We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit sale of your data, but we do not sell data.

You can exercise the rights described above, by making adjustments to your user account by contacting us at andrew@withcashew.com. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.

We cannot respond to your request if, (i) we cannot verify your identity; or (ii) your request lacks sufficient details to help us handle the request. We will make our best efforts to respond to your request within 45 days of its receipt. If we cannot respond in 45 days, we will inform you, in writing, the reason for the delay and will respond to your request within 90 days. Any information we provide will only cover the 12-monthperiod preceding the request's receipt.

We do not charge a fee to process or respond to your 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. We are not obligated to provide responses to your data requests more than twice in a 12-month period.

How Long do we Store Personal Data?

We will only retain your Personal Data for as long as is reasonably necessary to fulfill the purposes for which it is collected, or to comply with applicable legal requirements, or until you ask us to delete your Personal Data. This length of time may vary according to the nature of your relationship with us. We may delete your Personal Data after a reasonable period of time, including if you have not used our Services for some time, and you may be required to re-enter your information in order to use our Services in the future.

Automated Data Collection Methods

Cookies. A cookie is a small file placed on your computer. Cookies are used to help us manage and report on your interaction with the App. Through cookies, we are able to collect information that we use to improve the Services, manage multiple instances of the Services in a single browser, keep track of usernames and passwords, monitor click-stream data, keep track of your shopping cart, and tailor your experience on the Services. Cookies may also collect other data such as the date and time you visited the App, and your current IP address. If you turn off cookies, your experience on the Services will be impaired.

Log Files. We use means through the Services to collect IP addresses, location data, and access times. We use this information to optimize our platform, verify location, and maintain system security.

Not Directed to Persons Under 18

Our Services are not intended for anyone under 18, particularly children under 16 years of age and we do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.

Do Not Track Settings

We do not track our Users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals.

WHO WE SHARE DATA WITH

We may use aggregated (anonymized) information about our Users, and information that does not identify any individual, without restriction.

We do not sell or otherwise disclose Personal Data specific personal or transactional information to anyone except as described below.

Other Users

We may, for our legitimate interests, share your information with other Users or their authorized agents when you use the Services (such as when a Driver agrees to provide transportation services on behalf of a Carrier).

Third Parties

We may, for our legitimate interests, share your information with third parties whom you have designated to us, solely when you have provided us with your prior written authorization to do so.

Affiliates and Subsidiaries

We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards. Such parent companies, affiliates, or subsidiaries may be located in the United States.

Successors in Interest

We may, for our legitimate interests, share your information with 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 our assets, in which Personal Data about our Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer.

Law enforcement and other governmental agencies

We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with the legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

Service Providers

We may, for our legitimate interests, share certain information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Some of the functions that our service providers provide are as follows:

Host server infrastructure and storage;
Business analytics services;
Identity verification management;
Technology and product support;
Site log analytics service for activity, performance, and troubleshooting;
Marketing, sales, and service management.

THIRD-PARTY SERVICES AND WEBSITES

Cashew is not responsible for the privacy policies or other practices employed by websites linked to, or from, or integrated with, our App nor the information or content contained therein, and we encourage you to read the privacy statements of any linked or integrated third party. This includes sharing information via social media websites.

DATA STORAGE AND HOW CASHEW PROTECTS YOUR INFORMATION

Cashew stores basic User data on our servers including name, phone number, address, and username. Personal Data about Users is stored within the United States. The Services are only intended to be used inside the United States. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy. For the avoidance of doubt, our platform is not intended for any users outside of the United States.

Cashew employs physical, electronic, and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process, and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. In the event that there is a breach in the information that we hold; we shall notify of such breach via email or via a notice on the Services.

CHANGES TO THE PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our Users’ Personal Data, we will notify you by email to the primary email address specified in your account or through a prominent notice on the App. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of our Services following the posting of any modification to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue the use of the Service if you do not accept any modified version of this Privacy Policy.

QUESTIONS AND COMMENTS

If you have any questions or comments about this Privacy Policy, or if you would like to file a request about the data we hold or file a deletion request, please contact us at andrew@withcashew.com.