Track-POD Privacy Policy and GDPR


This Privacy Notice was last updated on November 27, 2024.

We, Geros Technologijos Ltd ("Company", "We", "Us", "Our") are the owners of the website https://www.track-pod.com/ (the "Website"). The Website features our product called "Track-POD" accessible at https://web.track-pod.com/ (the "Software"). The Software is offered as a SaaS solution on a subscription basis, as well as the "Mobile Application". The Website, the Mobile Applications, and the Software are hereinafter collectively referred to as the "Platform".

The Platform provides delivery management services designed to help businesses streamline and optimize their delivery operations ("Services").

We respect data privacy rights and are committed to protecting personal data collected on this Platform. This privacy notice ("Privacy Notice") sets forth how we collect, use and protect the personal data collected on this Platform.

In order to use our Platform, it shall be your responsibility to comply with both this Privacy Notice and subscription agreements if applicable. If the Notice is inconsistent with any provision contained in the specific agreements, the Company shall determine, in its sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX AND BY PROVIDING US PERSONAL DATA, YOU CONSENT TO OUR USE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY NOTICE. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA ON THE PLATFORM. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL ON [email protected]

IF YOU ARE ACCESSING THE PLATFORM ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE AND, IN SUCH AN EVENT YOUR USE OF THE PLATFORM SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AUTHORITY (TO PROVIDE ANY PERSONAL DATA OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THEN YOU SHOULD REFRAIN FROM USING THE PLATFORM.

This Privacy Notice is an electronic record in the form of an electronic contract complaint and construed in accordance with data protection laws of the applicable jurisdictions.

DEFINITIONS

  • "User/s", "you", "your" shall mean and include individuals who access, avail and/ or uses the Platform;
  • The "Customer" shall mean an entity, organizer, or individual which avails the Platform;
  • The "Controller" means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of the Personal Data;
  • The "Processor" means a natural or legal person, public authority, agency, or other body that processes the Personal Data on behalf of the Controller;
  • The "Personal Data" means any information about an identified or identifiable natural person.

WHAT PERSONAL DATA IS COLLECTED BY US?

We may collect your Personal Data in the following ways:

  • The Personal Data collected through the Website: We may receive your Personal Data when you access and/or use our Website, contact us through the Website. We may receive your Personal Data including but not limited to your name, email address, phone number, company name, country and any other information you may provide us. 
  • The Personal Data collected through Platform: We may receive your Personal Data when you use our Platform and avail Services. We may receive your Personal Data, including but not limited to your name, email address, registration ID, phone number, company name, picture of your package/prescriptions, working hours of the driver, description of goods, prices as well as Customer’s client’s name, address, phone number, email, e-signatures and any other information necessary for providing our Services.  
  • User account creation: You may provide Personal Data including but not limited to your name, email address, company name, designation, password when you subscribe to the Services rendered by our Platform. 
  • Online Identifiers and Log Data: When you use or access the Platform, we may collect your IP address, operation system, browser type, web log data, platform type, number of clicks, domain names, landing pages, pages and content viewed and the date and time you used our Services, the frequency of your use of our Services, error logs. 
  • Payment Information: If you subscribe to our Services, we may collect information in connection with your payment. We may collect certain information such as full name, phone numbers, billing address, and email address to process your request. Please note that we use third-party payment processors to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your personal information will be governed by their privacy notice. We do not access, store, or collect your credit/debit card information.
  • Communications: We may collect information that you provide to us when you contact us to inquire about our Services or schedule a demo. Such information may include your first name, last name, email, phone number, company, and any other information you provide, including your interests in relation to our Service. We use this information to communicate with you about your inquiry or interests and schedule a demo of our Services.

When the Company receives information from its Customer, the Company acts on behalf of the Customer and shall process personal data as per the instructions received by the Customer. If you have any questions related to the handling of your Personal Data by the Company or to exercise your rights, you can contact us at [email protected].

For the Personal Data collected for the Customer, please refer to Clause 3 of this Privacy Notice.

WHAT THE PERSONAL DATA DO WE PROCESS ON BEHALF OF THE CUSTOMER?

This section concerns the Personal Data of the individuals collected by the Customer, and such collection may be facilitated by us.

  • The Company as a Data Processor: The Customer sets the purpose and means of processing such Personal Data. We process such Personal Data only on behalf of and on the Customer's instructions and for the purposes of rendering our services to the Customer.
  • Customer Privacy Notice: If you are a Platform user and the Customer shared your Personal Data with us, the Privacy Notice of the Customer, on whose behalf we collect and process the Personal Data, will apply. This means that any inquiry, request, objection, or complaint that you as a user may have in connection with the collection and/or processing of Personal Data that forms part of your Platform usage should be addressed to and resolved by the Customer.
  • Personal Data: Depending on the nature of services and Customer requirements, the Company processes Personal Data on behalf of Customer/s.

Further, the Personal Data collected on behalf of the Customer may differ based on the specific requirements. The Company remains the data processor, and the Customer is responsible for providing adequate privacy notices.

  • Processing of Protected Health Information: The Company may process Protected Health Information ("PHI") on behalf of the Customer as part of its services. However, the Company does not intend to collect, use, store, or access PHI in any manner unless expressly required to perform the contracted services. In the event that the Company processes PHI, such processing shall be conducted in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and the regulations promulgated thereunder.

The Customer has complete control over the Personal Data and the Company processes the Personal Data on the Customer’s behalf.

  • Customer Responsibility: The Customer represents that it has acquired all necessary consents and/or relies on other appropriate legal basis for the processing of Personal Data of end-users. The Customer confirms that end-users have been informed about that their Personal Data is transferred to the Company as a processor and other third parties used by the Company for the provision of services. 

We will process the Personal Data for as long as we provide services to the Customer and the Customer maintains active accounts of such users.

COOKIES

We use cookies and/or similar in-house and third-party tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags, and scripts to collect and track information, improve and analyze our Platform. You may choose to disable cookies through your browser settings. For more information, please refer to our cookie policy here.

ACCURACY OF INFORMATION

The Users shall undertake that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Data shared with us, whether of its own or any third party. In the event the User is sharing any Personal Data on behalf of a third person, the User represents and warrants that they have the necessary authority to share such Personal Data with the Company, obtained written consent from such third-party, and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Data shall be subject to the terms and conditions of this Privacy Notice.

HOW WE USE YOUR PERSONAL DATA

We use the Personal Data for the following purposes:

  • to inform you about our Services and to respond to your requests;
  • to manage our relationship with Users;
  • to process applications and transactions;
  • to measure interest in Track-PODs Services;
  • to develop new products and Services;
  • to ensure internal quality control;
  • to verify individual identity;
  • to send an email to verify your account and for informational and operational
  • to purposes such as account management, customer service, or system maintenance;
  • to process payment for products or services purchased;
  • to communicate with Users and send e-mail newsletters;
  • to address your inquiries and provide technical support;
  • for internal record keeping;
  • to process job applications (if you apply for a position with our organization);
  • and to comply with our legal or statutory obligations.

DISCLOSURES

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Data to third parties, without your prior consent. Keeping this in mind, we may disclose your Personal Data in the following cases:

  • Affiliates: We may provide your Personal Data to our affiliates to enable them to improve the services, provide feedback and respond to their queries.
  • Service Providers: We may share your Personal Data with the service providers who work with us in connection with operating the Platform and/ or providing the services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Notice.
  • Merger or Acquisition: We may transfer your Personal Data if we are acquired by another entity, or if we merge with another company or transfer a part of our business, including the Platform, to a third party. Any such third party or resultant entity that receives your Personal Data shall have the right to continue to use your Personal Data in line with the purposes set out herein. In the event of such a sale or transfer, we may notify you.
  • Safety, Legal and Regulatory Authorities: We may disclose your Personal Data if we believe that we are required to do so: (a) by law; (b) to comply with legal process or governmental requests; (c) to enforce our agreements; (d) to protect our operations; (d) to protect the rights, privacy, safety or property of the Company, you or others; (e) to protect our reputation and (f) to permit us to pursue available remedies or limit the damages that we may sustain.

DATA RETENTION

We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, as well as to comply with applicable legal, accounting, or regulatory obligations. The duration for which we keep your information depends on the nature of the data and the purpose for which it is processed. For example, account-related information such as contact details, billing data, and account activity will be stored for the period in which you maintain an active account with us. Once your account is deactivated or terminated, we may retain this information for a limited period as required by applicable law.

In cases involving transactions or purchases made through our platform, we may retain financial and transactional data for a defined period in order to comply with tax, financial, and audit obligations. Similarly, usage data may be stored for analytical or research purposes, but this information will typically be anonymized or aggregated to prevent identification of individual users. If you have opted into receiving marketing communications, we will retain your information for as long as you remain subscribed to our communications. You can unsubscribe at any time, after which we will delete or anonymize your data within a reasonable period.

We periodically review our data retention policies to ensure that we only retain personal data for as long as necessary. When data is no longer required, it will be securely deleted or anonymized in accordance with industry best practices. If you have any questions about how long we retain your data, or if you would like to request the deletion of your personal information, please contact us at [email protected].

INTERNATIONAL DATA TRANSFER

We may transfer your personal data to locations in the USA or other such locations, depending on the underlying infrastructure of our Services. All such transfers are subject to appropriate legal requirements under the applicable privacy and data protection laws.

HOW WE SECURE YOUR SECURITY PERSONAL DATA

Users' Personal Data is stored on third-party cloud servers. We are committed to maintaining information security and protecting customer data from potential breaches. Although we provide appropriate firewalls and protections, we cannot warrant the security of Personal Data transmitted as these systems are not hackproof. Data pilferage due to unauthorized hacking, virus attacks, and technical issues is possible, and we will take necessary measures to mitigate such events.

YOUR PRIVACY RIGHTS

In accordance with applicable law, you have the following rights in respect of your Personal Data:

  • right to access Personal Data in our possession;
  • right to have us rectify or modify any such Personal Data;
  • right to have us erase/delete your Personal Data;
  • right to restrict us from processing such Personal Data;
  • right to object to our use of Personal Data;
  • right to withdraw consent at any time where we are relying on consent to process Personal Data.

Depending on the nature of the request, we may ask you to complete a Personal Data request form or seek certain details to verify the request. All requests for Personal Data will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please contact [email protected].

INFORMATION FOR EU AND UK VISITORS 

Residents of the European Union (“EU”) and United Kingdom (“UK”) should note that this Privacy Notice has been updated in accordance with the requirements of the EU General Data Protection Regulation (the “GDPR”) and the UK GDPR, the United Kingdom Data Protection Act 2018, the Privacy and Electronic Communications Regulations, and any regulation superseding any of the foregoing ("UK Privacy Laws"). As per the provisions of the GDPR and UK Privacy Laws we shall be considered the Controllers of the Personal information collected as a result of your use / access of the Website and Processors of the Personal information collected as a result of your use of our Services.

Legal Basis (for EU residents and UK residents): We will not process your Personal Data without a lawful basis to do so. We will process your Personal Data only on the legal bases of consent, contract, or on the basis of our legitimate interests, provided that such interests are not overridden by your privacy rights and interests.

Transfer of your personal information across borders (for EU Residents): The Personal Data we collect (of EU and UK residents) is stored on servers located in the EU region and/or in North America. Personal Data might be processed outside the EU and UK. We collect and transfer Personal Data outside the EU and UK in accordance with the provisions of the GDPR and UK Privacy Laws. If you have questions, please contact [email protected].

YOUR RIGHTS (FOR EU AND UK RESIDENCE)

You have the right to request us:

  • to let you know what Personal Data belonging to you we hold in our possession;
  • withdraw consent at any time where we are relying on consent to process your Personal Data;
  • right to have us rectify or modify any such Personal Data;
  • right to have us erase/delete your Personal Data;
  • right to restrict us from processing such Personal Data;
  • right to object to our use of your Personal Data;
  • you have the right to lodge a complaint with a data protection authority.

UK residents have the right to make a complaint at any time to the Information Commissioner’s Office ("ICO"), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request. If you would like to exercise ANY of these rights, please contact [email protected].

Governing Laws: This Privacy Notice shall be governed by the provisions of the GDPR and UK Privacy Laws for EU and UK residents.

CALIFORNIA PRIVACY RIGHTS

In addition to disclosures made elsewhere in this Privacy Notice, certain states in the United States of America require us to disclose information related to our privacy practices. This section of our Privacy Notice ("California Privacy Notice") serves to comply with the California Consumer Privacy Act of 2018 ("CCPA"), as amended by the California Privacy Rights Act ("CPRA") (collectively, "CCPA"), and any capitalized terms defined in the CCPA have the same meaning when used in this Section.

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes those state-specific rights and explains how to exercise those rights. The section will not apply if we do not collect Personal Information about you or if all of the information, we collect is exempt from the law.

For clarity, "Personal Information" shall mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

The California rights set forth below apply to all visitors, users, and others regardless of place of residence.

  • Right to Know and Data Portability/Right of Access

Consumers have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the "Right to Know").

Once we receive your request and confirm your identity (see Exercising Your Rights), we will disclose to you:

  • The categories of Personal Information we collected about you (disclosed above);
  • The categories of sources of the Personal Information we collected about you (disclosed above);
  • Our business or commercial purpose for collecting, selling, or sharing that Personal Information (disclosed above);
  • The categories of third parties to whom we disclose that Personal Information (disclosed below);
  • The specific pieces of Personal Information we collected about you are in a portable and readily usable format when we process the information through automated or searchable means (also called a “data portability” request).
  • California-Specific Disclosures

While our Privacy Notice notes the categories of Personal Information that we have collected in the past 12 months and the categories of sources, the following chart indicates the categories of third-parties to which we have disclosed the Personal Information for a business purpose and which categories of Personal Information that we have shared with third parties for cross-contextual behavioral advertising in the preceding 12 months.

  • Right to Delete

Consumers have the right to request that we delete any of your Personal Information that you have provided or that we have collected or obtained about you, subject to certain exceptions.

Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request to see if an exception allowing us to retain the information applies. We will delete from our records or deidentify Personal Information not subject to a lawful exception and will direct our service providers to take similar action.

  • Right to Correct Inaccurate Information

Consumers have the right to request correction of any inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the Personal Information processing. We will use commercially reasonable efforts to correct this information.

  • Right to Limit

Consumers have the right to request to limit our use of Sensitive Personal Information unless our use of Sensitive Personal Information falls into one of limited business purposes. We do not collect or process Sensitive Personal Information for the purpose of inferring characteristics about a consumer.

  • Right to Opt-Out of Sale or Sharing

Consumers have the right to opt-out of certain sales or sharing or the right to opt-in to sales or sharing if the Consumer is a minor or if the information at issue is Sensitive Personal Information. This includes the right to opt-out of Personal Information processing for targeted advertising, personal data sales, or advertising for cross-context behavioral advertising purposes. It also includes the right to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. We only engage in cross-context behavioral or targeted advertising through cookies. We do not otherwise sell or share Personal Information for advertising purposes. We also do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. To opt-out of sharing, we will rely on you to set your preferences regarding cookies and other tracking technology. To set your Cookie Preferences, click on the Cookie Settings link in the footer of your browser. To exercise the right to opt-out, you (or your authorized representative) may also submit a request to us by visiting the following Internet Web page link: Do Not Sell or Share My Personal Information.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sharing.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

  • Right to Non-Discrimination

We will not discriminate against you for exercising any of your state law privacy rights. Unless permitted by law, we will not:

  • Deny you goods or services;
  • Charge (or suggest you may receive) different prices for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide (or suggest you may receive) a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by state privacy laws that can result in different prices, rates, or quality levels, such as offering coupons, discounts, promotions, other price reductions, or promotional offers for products and services in exchange for providing your Personal Information. Any financial incentive we offer will comply with state privacy laws and will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Do not provide your Personal Information if you do not want to opt-in to these offers. After you receive a promotional offer, you may opt-out by contacting us as specified. For more information, please see Exercising Your Rights.

CHOICE AND OPT-OUT

We may send you communications including but not limited to (a) notices about your use of our Platform including those concerning violations of use, (b) updates, (c) promotional information regarding our services, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing at [email protected] with your specific request.

LINKS TO OTHER WEBSITES

Our Platform may contain links to other websites/platforms/applications of your interest. Please note that we do not have any control over such other websites/platforms/applications, and Users will be accessing these websites/ platforms/applications at their own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/platforms/applications and those are not governed by this Privacy Notice. Users should exercise caution and look at the privacy policy/ notice applicable to such websites/platforms/applications.

CHANGES TO THIS PRIVACY NOTICE 

Please revisit this page periodically to stay aware of any changes to this Privacy Notice, which we may update from time to time. If we modify this Privacy Notice, we will make it available through the Platform and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Platform.

CONTACT US

If you have any questions or concerns or grievances regarding this Privacy Notice or if Users wish to withdraw their consent in relation to the processing of their Personal Data, you can reach out to our appointed grievance redressal officer (also known as compliance officer) via email at [email protected].

 

OFFICE ADDRESS:

Geros Technologijos, Ltd.

Šeimyniškių g. 19, 09200 Vilnius, EU.