Acuitive takes the protection of personal data very seriously. Acuitive undertakes to protect personal data in accordance with the Data Protection Legislation and the principles set out below. This Policy applies to the Websites and to all Services. This Policy does not apply to third party websites, applications, software or components that can be accessed or that are made available via links on the Websites or Services.
"Affiliate" means any company, corporation or other entity that directly or indirectly controls, or is controlled by, or is under common control with either Acuitive or Customer.
"Customer" means the (legal or natural) person subscribing to the Services of Acuitive.
"Data Protection Legislation" means the provisions of Directives 95/46 EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, as well as any national legislation and/or regulations implementing them, applicable to Acuitive and/or Customer, as this legislation may be amended or replaced from time to time.
"Services" means the products and services of Acuitive , as these may change from time to time, to which the Customer has subscribed under the Agreement.
"User" refers in this Policy to the users of the Websites and to the users of the Services on behalf of the Customer (also referred to as "you" or "your").
"Websites" refers to all internet pages provided and operated by Acuitive.
"Acuitive " means Acuitive Solutions LLC, a North Carolina company with its registered office 11035 Golf Links Dr, Unit #77045, Charlotte, NC, 28277, United States.
For the purpose of this Policy, "personal data", "processing", "data subject", "data controller", "data processor" and "supervisory authority" shall have the meanings set out in the applicable Data Protection Legislation.
3.1 WHAT IS A COOKIE?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Certain cookies contain personal information – for example, if you click to “remember me” when logging in, a cookie will store your username. Most cookies will not collect information that identifies you and will instead collect more general information such as how Users arrive at and use websites, or a user’s general location.
There are mainly four kinds of cookies:
- Session cookies last only for the session. They are erased when the user closes the web browser.
- Persistent cookies remain even after the session is closed. They are stored on a user’s hard drive until they expire (persistent cookies are set with expiration dates) or until the user deletes the cookie. Persistent cookies may be used to collect identifying information about the user, including web surfing behavior or user preferences for a specific website.
- First-party cookies belong to the site where you chose to go.
- Third-party cookies are fetched from a site whose content is retrieved indirectly for example through an image tag or a banner.
Most browsers support them (Internet Explorer, Mozilla Firefox, Netscape, Safari, etc.). However, users can set their browsers to decline cookies, or they can delete their cookies at will.
3.2 WHAT COOKIES DOES ACUITIVE USE?
Generally, Acuitive cookies perform up to four different functions:
- Essential cookies: Some cookies are essential for the operation of the Website. For example, some cookies allow Acuitive to identify the user and ensure the user can access the registration or log in pages. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. This category should not be disabled. If a user opts to disable these cookies, the user will not be able to access all the content that these pages entitles them to.
- Performance and analytics cookies: These cookies collect information about how Users/visitors use a Website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies do not collect information that identifies you. All the information that these cookies collect is anonymous and is only used to improve how the Website works.
- Functionality cookies: Acuitive may use functionality cookies to allow Acuitive to remember your preferences. For example, cookies save you the trouble of typing in your username every time you access the site, and recall your customization preferences, such as which regional edition of the Website you want to see when you log in. Acuitive may also use functionality cookies to provide you with enhanced services such as allowing you to watch a video online or comment on a blog.
3.3 HOW TO CONTROL AND DELETE COOKIES THROUGH THE BROWSER?
The ability to enable, disable or delete cookies can also be completed at browser level. In order to do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility). You can find more information on how to do this and about cookies at: www.allaboutcookies.org.
Please remember that if you do choose to disable cookies, you may find that certain sections of the Website do not work properly and be prevented from making use of all of the Services.
4. COLLECTED AND PROCESSED DATA ON WEBSITES
4.1 GENERAL COLLECTION AND PROCESSING ON WEBSITES
Acuitive may collect and process personal data in a number of ways to which you hereby consent, including for the following purposes:
- Authenticating and identifying you on the Websites;
• Providing you with the Websites for which you have registered;
• Keeping track of information you have provided to Acuitive ;
• Measuring your use of the Websites as to improve them;
• Providing you with tailored services, support, or information you have requested, notably based on your likely interests;
• Sending you business messages including those related to payments or expiration of your subscription;
• Sending you information about Acuitive , new Service releases, special offers, and similar information;
• Conducting market research about your interests and those of other Users;
• Reducing fraud, software piracy, and protecting the Acuitive Users and Customers as well as Acuitive.
4.2 BROWSING STATISTICS
When you browse the Websites, Acuitive gathers technical information transmitted to Acuitive by your browser, including the type of browser you are using, your operating system and your IP address. This information is collected for purposes, including:
- Better understanding how the Websites are being used as to improve them on a regular basis; or
- Diagnosing technical issues on the Websites.
This information will not be used to be directly linked to you, and is only gathered on an aggregate basis, in order to allow Acuitive to perform statistical measurements about the Website. This statistical information may be communicated by Acuitive to third parties.
4.3 CONTACT INFORMATION
When you contact Acuitive to obtain information regarding Acuitive or the Services, or to obtain support from Acuitive, you may need to communicate your contact details (including your name, telephone, email address, etc.). This contact information will be used for the sole purpose of:
- answering your questions, or
- sending you the Acuitive newsletter(s) if you indicated to be interested in it, or
- providing you with services related information such as test logins or freight offers if you have requested to receive this.
The Websites may contain tools, widgets or content that link to other websites and services operated by third parties. Please note that Acuitive is not responsible for the privacy practices of these other websites and Acuitive invites you to read the privacy policies of these third parties for more information.
5. COLLECTED AND PROCESSED DATA IN RELATION TO THE SERVICES
When subscribing and using the Services, Acuitive collects and processes personal data in a number of ways, to which you hereby consent, and in particular for the following purposes:
- For customer management (for example for issuing invoices, exchange of correspondence in the context of the contractual relationship, entries in public or private directories, identification in messages sent or submissions of freight or vehicle offers or transport information by the Customer and/or its Users, to prevent misuse and fraud, in the event of disputes);
- For fulfillment of the Agreement and provision of the Services in the context of the Agreement;
- For information activities or the promotion of Services or the products and/or services of Acuitive (including its Affiliates) and/or its trading partners;
- For the prevention of abuses and frauds (including the transfer of the data to the judicial authorities or to the victims of abuses and fraud); and
- For statistical purposes in connection with the use of the Services.
Please note that the use of the Services is also subject to the provisions of the Agreement. Please consult these terms to find out more about the protection of your privacy in relation to the specific Services.
5.2 LOGIN AND PASSWORD
When you subscribe to the Services, you may receive a personal login and a password to secure the access to your data (the "Means of Access"). This login and password should be used in accordance with the Agreement.
5.3 PERSONAL INFORMATION PROVIDED BY YOU
On several occasions, you may be asked to provide or update your personal details. This may include your name, your position within your company, your company e-mail address and telephone number, and in some cases, your photo. These personal details are used for purposes mentioned above (section 5.1), by Acuitive and its business partners.
5.4 PERSONAL INFORMATION MADE AVAILABLE TO OTHER ACUITIVE USERS AND TO THIRD PARTIES
Certain Services of Acuitive offers a functionality to support the communication needs of Customers (e.g. to send a fax/email/sms via the Services). In these cases, other Acuitive Users can consult your personal information and add your information in their address book.
By using some Services, you accept that the recipient of the communication will become aware that you are an Acuitive Customer/User and/or may receive part or all of your personal data collected and processed by Acuitive.
5.5 TRANSACTION INFORMATION
While using the Services, you may have to enter transaction information (including details of a freight or a transport operation or content of email, fax and SMS messages,) for the purpose of communicating it to other parties via the Services. This information will be made available to other parties, on your request, according to the rules of the Service. In addition, they are used for statistical purposes related to the management of these Services and for the prevention of abuse and fraud. Statistics may also be communicated to other parties when aggregated to a level that makes them anonymous. Transaction data may be aggregated to a level that makes that data anonymous and may be reused or resold in current or future products.
5.6 USAGE INFORMATION THAT ACUITIVE COLLECTS WHEN YOU USE THE SERVICES
When using the Services, Acuitive collects additional individual and company usage information that can be related to you. This includes the dates and times of when you perform various activities on the Acuitive platforms and the status of your personal account settings.
This usage information is stored to personalize the Services and to propose new Services, to support billing of the Services, for statistical purposes related to their management, as evidence and for the prevention of abuse and fraud. Acuitive reserves the right to hand over the usage information to competent authorities in order to investigate abuse or fraud.
5.7 TECHNICAL CONFIGURATION INFORMATION
When you access the Services, Acuitive may collect the IP-address of your PC, as well as information on its software configuration. This technical configuration information is used by Acuitive and its business partners for technical support (helpdesk), to improve the quality and accessibility of the Services, for statistical purposes related to the technical support and management of the Services, for contractual purposes and for the prevention of abuse and/or fraud.
6. DIRECT MARKETING AND NEWSLETTERS
If your personal information has been obtained by Acuitive in the context of the sale of its Services, or if you have explicitly granted consent to this, Acuitive (including its Affiliates) and/or its business partners can send you information about their current and future services. You can, however, choose to no longer receive this information by writing an email to privacy@Acuitivesolutions.com
In any event, users not wishing to receive messages from Acuitive in the context of direct marketing campaigns may at any time ask Acuitive by email to the above mentioned email address to excluded from these mailings.
The newsletters you subscribed to always contain the possibility to unsubscribe in case you no longer wish to receive the newsletters. By unsubscribing from the newsletters, you may still be receiving messages relating to contractual and product related information unless you inform Acuitive by writing an email to the above mentioned email address.
7. SHARING OF PERSONAL DATA
Acuitive reserves the right, and you hereby consent, to share your personal data with the entities of the Acuitive and related business partners that are providing contractual services to Acuitive and its customers, and/or to third parties with which Acuitive is in a contractual relationship.
Acuitive further reserves the right to share personal in the following limited instances, to which you hereby consent:
- When Acuitive is required to provide information in response to a subpoena, court order, or other applicable law or legal process;
- When Acuitive has a good faith belief that disclosure is necessary to prevent or respond to fraud, defend the Websites or applications against attacks, or protect the property and safety of Acuitive , its customers and Users, or the public;
- If Acuitive merges with or is acquired by another company; in these cases, your information will likely be one of the assets that is transferred.
Acuitive understands that the security of your personal information is important. Acuitive therefore provides reasonable administrative, technical, and physical security controls and takes all appropriate steps to protect your personal information both online and off-line.
9. ACCESS, CORRECTION AND OPPOSITION
You have the free right to access, correct or oppose the use of your personal data. Upon receiving your signed request, and subject to proof of identity, Acuitive will correct or remove your personal data from Acuitive databases. Please also note that you can access and correct most of your personal data through the various facilities offered on the Websites and Services.
10. California Residents’ Privacy Rights
Residents of the State of California may request a list of all third parties to whom we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at privacy@acuitivesolutions. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via telephone, and we are not responsible for notices that are not labeled or have not been sent properly, or that do not have complete information. Please allow thirty (30) days for a response.
Do Not Track Requests
Whom Can You Contact For More Information?
If you have any questions or suggestions about the System, Acuitive, our services, or our privacy practices, please contact us INFO@AcuitiveSolutions.com.
12. CONTACT INFORMATION