Freight Management Systems, Inc. Privacy Policy
Overview
Freight Management Systems, Inc. (“FMS”) recognizes the importance of privacy. In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain through the domain and subdomains of https://fmstms.com (the “Site”) and mobile applications (collectively, the “App”) owned and operated by FMS and the services available through our Site and App (collectively, the “Services”). By visiting our Site, downloading, or using our App, or using any of our Services, you agree to the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access our Site, App, or Services.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, use, and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the FMS User Agreement.
For purposes of this Privacy Policy, we define “personal information” as personally identifiable information about an individual, such as your name, address, phone number, email address, or other identifier that permits direct or indirect identification of a specific individual, or as otherwise defined by applicable privacy and data security laws.
Information Collection & Use
Geolocation Information
User-Generated Content
Uses of Your Information
Communications from FMS
Information Sharing & Disclosure
Tracking Technologies
Third-Party Analytics
Do Not Track Disclosure
Links to Other Sites
Choice Options
Non-Children Intent
Security
Changes to Privacy Policy
User Agreement
Contact Us
We collect information about you directly from you, from third parties, and automatically through your use of our Site. We may combine information about you from all of these sources.
INFORMATION WE COLLECT DIRECTLY FROM YOU: We may collect information about you directly from you. For example, when you register to use our Site or App, we will collect information from you, which may include your name, phone number, email address, company name, or other personal identifying information. Certain information, including without limitation your name, company name, and contact information, may be available to other users through your profile.
We may also collect billing information, such as credit card number or ACH banking information. Under some circumstances we may require some additional financial information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our Services.
From certain users, such as freight operators, we may also collect certain commercial information, such as a motor carrier number (MC#) or other form authority.
From time-to-time we may provide you the opportunity to participate in contests or surveys on our Site or App. If you choose to participate, we will request certain information, including your email address, from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information and demographic information. We will not share any personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
INFORMATION WE COLLECT FROM THIRD PARTIES: We may collect information about you from third parties. For example, if you choose to use our referral service to tell a friend about the Site, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. FMS stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. We don’t store anything on a referral send. We only store their email address if they sign up.
We may also collect information about you from your employer or other third party who registers you for our Services.
In addition, for certain users, such as drivers, owner operators, or fleet owners, we may collect validation information from third parties such as authority, insurance coverages, and other business information as provided in Federal Motor Carrier Safety Administration (FMCSA) records and other information sources.
INFORMATION WE COLLECT AUTOMATICALLY: We automatically track certain information based upon your behavior on the Site, including but not limited to, your Internet protocol (IP) address, the website that led you to our Site, the website to which you go after leaving our Site, dates, and times you access our Site, operating system, and other logging data. We may combine this with other information that we collect about you. Please see our Tracking Technologies section below for more information. We use this information to do internal research on our users’ demographics, interest, and behavior to better understand, protect and serve you and our community.
Through our App we may collect technical data and related information, including but not limited to, technical information about your device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to such App. When you use any of our App, the App may automatically collect and store some or all of the following information from your mobile device, including without limitation your preferred language and country site (if applicable); your phone number or other unique device identifier assigned to your mobile device; the IP address of your mobile device; the manufacturer and model of your mobile device; mobile operating system; type of mobile Internet browsers you are using; and information about how you interact with the App, such as how many times you use a specific part of the App over a given time period, the amount of time you spend using the App, how often you use the App, actions you take in the App, and how you engage with the App.
We use this information to administer our Site and App, to track users’ movements around our Site and App, to gather demographic information about our user base as a whole; to track trends in usage and volume statistics to create a more efficient and usable Site and App; and to determine areas of the Site and App that could be improved to enhance the user experience.
Our App collects your geolocation information. We use this information in order to provide our Services. For example, collecting geolocation information allows buyers to know where their shipments are, permits drivers to check in in advance of a pick-up, and allows us to help you search for things in your area.
You may disable geolocation tracking by adjusting the settings on your device. However, if you disable geolocation tracking you may not be able to use our Services effectively.
If you choose to post messages on our website, blog, message boards, in-app services, or other areas only accessed by members, or leave feedback or comments for other members, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you use a bulletin board on the Site or App, you should be aware that any personal information, including your email address, you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. To request removal of your personal information from the Site or App, contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, please contact us.
We use information we collect about you, including your personal information, to facilitate the services you request. We also use your personal information, and other information we obtain about you to: resolve disputes; troubleshoot problems; help promote safe matching; collect fees owed; measure consumer interest in our products and services; obtain feedback regarding our products and services; communicate with you, including via email and push notifications, about online and offline offers, products, services, updates, your account and use of our Services, and other information we think may interest you; customize your experience; detect and protect us against error, fraud, and other criminal activity; enforce our User Agreement; provide product and services to you, and to respond to your inquiries about our offerings; ease use of our products and services by eliminating the need to re-enter information; display content customized to your interests and preferences; assist us in the development of new products or services and/or the improvement of our existing products and services; improve our ability to address your needs; cooperate with government officials or parties in litigation under process of law or regulation, or as otherwise required or permitted by law; protect the security or integrity of the products or services, and/or to enforce the terms governing their use; protect against fraud, and a threat of safety or destruction of property; protect against legal liability; research and analytics; and as otherwise described to you at the time of collection.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze Site and App usage; improve our content and product offerings; and customize the Site and App’s content, layout, and services. These uses improve the Site and App and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
We will occasionally send you information on products, services, special deals and promotions, as well as a newsletter. You are signed up for these emails at registration and you may unsubscribe at any time by following the directions to unsubscribe in the email.
Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications when we ask for it. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us.
As a matter of policy, we do not sell, rent, or share any of your personal information, including your email address, to third parties for their marketing purposes without your explicit consent except as provided for in this Privacy Policy. The following describes the ways we may disclose information that we collect about you, which may include personal information.
FMS COMMUNITY: All of your activities on the Site will be identifiable to your username. Other people can see your feedback rating and associated comments, your postings on the Site, and so on. In addition, if your employer registers you for FMS, your employer may have access to additional information about you. If you are involved in a transaction, we have features that allow parties to the transaction to view your email address and obtain your contact information to help complete the transaction. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
To request removal of your personal information from the FMS community, contact us at our contact information found below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
SERVICE PROVIDERS: We may use third parties to facilitate or outsource one or more aspects of the business, product, and service operations, and therefore we may provide some of your personal information, including your email address, directly to these service providers. For example, we use service providers to process payments on our behalf and assist with Site and App content.
AFFILIATES: We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
LEGAL REQUESTS: FMS cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, and other rights, to help protect you and the FMS community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, user history, fraud complaints, and bidding and listing history without a subpoena.
BUSINESS TRANSACTIONS: In the event FMS goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information, including your email address, will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.
AGGREGATE AND DE-IDENTIFIED INFORMATION: We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site, App, or Services. We or our service providers may combine this information with other personal information we collect about you.
For example, we or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the pages visited, and time spent on our Site. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may not be able to browse certain areas of the Site.
We may also use Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
We may use third-party analytics companies, such as Google Analytics, to evaluate use of our Site, App, and Services. We or our service providers use these tools to help us understand use of, and to improve, our Site, App, Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
Our Site does not respond to Do Not Track signals. For more information about Do Not Track signals, please click here.
Our Site or App may contain links to other websites or applications that are not owned or controlled by FMS. Please be aware that we are not responsible for the privacy practices of such other websites or applications. We encourage you to be aware when you leave our Site or App and to read the privacy policies of each and every website or application that collects personal information. This Privacy Policy applies only to information collected by the Site and App.
You may update your personal information by contacting our Customer Support team at support@fmstms.com.
Please also note that if you opt out of receiving marketing communications from us, we may continue to communicate with you regarding service-related issues. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. Based upon the personal information you provide us, we will send you a welcoming email to verify your email address, username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Email and in-app notifications are the primary means of communication between members (the exchange is never between members) doing transactions on the site and you must be able to receive this information to use FMS properly.
Our Site, App, and Services are not targeted to children under thirteen (13) years of age, and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
The security of your personal information is important to us. We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy and/or to our email practices, we will notify you by posting the revised version of this Privacy Policy on our Site.
Website Terms of Use: (these “Terms”) govern your access to, and use of the website operated by Freight Management Systems, Inc. (“FMS,” “our,” “us,” or “we”) and located at https://fmstms.com/ (the “Website”). By accessing, browsing, using, and interacting with this Website, you agree that you have read, understood, and accept these Terms. Please read them carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website.
Terms of governance: These terms do not govern your use of any products or services that may be offered by FMS or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and services as a condition to receiving such products or services.
Use of the Website: You may only use this Website for its intended purpose and solely in accordance with these Terms. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. FMS is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. FMS may, but is not obligated to, monitor your use of the Website.
Intellectual Property: The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. FMS does not grant you any licenses, express or implied, to the intellectual property of FMS or its licensors, except as expressly stated in these Terms.
Transmission of Content: Any material, information, or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by FMS and its designees for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with FMS’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to FMS.
Contacting Us: All questions, comments, feedback and other communications regarding the Website or products and services offered by FMS should be directed to support@fmstms.com.
International Use: This Website is controlled and operated by FMS from within the United States. FMS makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
Government Restricted Rights: The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
Limitation of Liability: THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL FMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF FMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FMS’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Term and Termination: These Terms are effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of these Terms.
The laws of the State of Florida, excluding its conflict of law principles, govern these Terms and your use of the Website. Any suit to enforce these Terms shall be brought exclusively in the state or federal courts sitting in Broward County, Florida and you hereby consent to the jurisdiction of such courts and waive any venue objection. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms. “FMS” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
If you have any questions or suggestions regarding our Privacy Policy and email practices, please contact us at:
Freight Management Systems, Inc.
P.O. Box 9878
Coral Springs, FL 33065-9998
support@fmstms.com
954-252-0031 ext.25
