Privacy Policy

Privacy Policy

Effective August 8, 2023

PRIVACY POLICY FOR FLEET COST & CARE NexGen Atom^TM MOBILE APP

This privacy policy describes the data that Crane Cost & Care dba Fleet Cost & Care (“FCC”, “we”, “us” and/or “our”) collects through software applications for smartphones and tablets published by Fleet Cost & Care on the Google Play and Apple App Stores (the “apps”). All personal data (defined below) collected through the apps is collected solely on behalf of our customers. Accordingly, we are only a processor of this data (as defined by the GDPR); our customers are the controllers of this data (as defined by the GDPR). We are, however, the controller of a small subset of non-personal data collected through the apps about app performance. The term “processor” shall also include a “service provider” and the term “controller” shall also include a “business” as defined in the California Consumer Protection Act of 2018 as amended by The California Privacy Rights Act of 2020 (together with its implementing regulations, the “CPRA”) or analogous terms in the applicable data protection laws. Accordingly, please contact the relevant customer (e.g., your employer, if you are an employee of an FCC customer) for more information about their privacy practices as to the personal data collected through or in connection with the FCC NexGen Atom app. We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this privacy policy.

This privacy policy governs your use of the software application NexGen Atom (“Application”) for mobile devices that was created by Fleet Cost & Care (FCC). The Application works in concert with FCC’s primary NexGen software to provide seamless fleet management for the modern workforce. Atom greatly increases workflow efficiency in terms of speed of billing and it also reduces risk while increasing safety through step-by-step job tracking and inspection verification. The app provides other necessary functions to meet everyday fleet management needs, including real time job quoting, the flexibility to create or change job details at any time and from anywhere, bar code scanning to track parts and allocation, the convenience of being able to receive e-signatures and track labor without the hassle of multiple points of data entry. Atom also provides assurance that a company’s fleet is being used to its fullest potential, while maximizing efficiency on the jobsite and in the office.

COLLECTION AND USE OF PERSONAL DATA

“Personal Information” or “Personal Data” is any information that relates to an identified or identifiable individual. FCC collects a variety of personal data on behalf of its customers through the use of the NexGen Atom app. The specific personal data collected through the apps is dependent on which parts of the app our customers choose to utilize and how they configure their settings.

Some of this information may constitute “personally identifiable information” or “sensitive personal information” under the CPRA.  Some examples of the types of information the app may collect or use are defined below as User Provided Information, Employer Provided Information, and Automatically Collected Information.

The process of installing the NexGen Atom app will offer user the chance to accept or decline a set of permissions.  The user has the option to accept or decline all permissions related to the app.  However, some components of the app may not function as expected if these permissions are not accepted.

User Provided Information

The Application obtains the information you provide when you download and register the Application.  Registration with your employer’s Fleet Cost & Care NexGen system is mandatory in order to be able to use the basic features of the Application.

When you register and use the NexGen Atom app, you generally provide (a) your name, device information and other registration information required by your employer; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; and; (d) information you enter into our system when using the Application, such as contact information and project management information.

We may collect photos you choose to take with or upload to the app.  Those photos are sent directly to your Employer’s NexGen back office system and not viewed or collected by FCC or shared with any other entity.

We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

Employer Provided Information

• Your employer will provide e-mail address, user name and password information to enable access to the NexGen Atom app and also data contained in the NexGen system.
• Your employer may input certain information into the related NexGen application, such as driver’s license numbers, that may also appear in the Fleet Cost & Care Atom app.
• Your employer may also provide their customer data or company data which is stored and used in the NexGen back office system and available to you in the NexGen Atom app.

Automatically Collected Information

The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Non-personal Data

Fleet Cost & Care also collects some non-personal data about app performance such as crash logs, diagnostics, and other app-performance related analytics data.

DISCLOSURE OF PERSONAL DATA

How we use the data we collect

We may disclose User Provided and Automatically Collected Information:

• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
• if Fleet Cost and Care is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

We collect and use this data for legitimate business purposes relating to the Fleet Cost & Care Atom app and pursuant to our customers’ directions, including:

• App functionality. We collect and use your personal data to provide the features that are available in the Fleet Cost & Care apps, including but not limited to e-tickets, checklists, work orders and other operational transactions, route management, crane, vehicle and other unit assignments, labor reporting and review, employee certifications, dispatch communications, and mobile device management (for the mobile device management solution only). We also collect and use this data to authenticate app users.
• We collect and use your personal data to gain insights into how the app performs. For example, we may use this data to monitor app health, diagnose and fix bugs or crashes, or to make future app performance improvements.
• Fraud prevention, security, and compliance with legal and regulatory obligations. We may, for example, use your personal data to monitor login attempts to identify possible fraudulent activity or to respond to court orders, subpoenas or other legal processes with which Fleet Cost & Care is required to comply.

Do third parties see and/or have access to information obtained by the Application?

We do NOT share any collected data with third parties.

What Are My Opt-Out Rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at [email protected].

You may have a right to know what personal information NexGen Atom has collected about you and you may have a right to access and to obtain a copy of this personal data as processed by NexGen Atom from a NexGen/FCC customer. If you believe that any personal data we collected about you is incorrect or incomplete you may also request the correction of it by a NexGen/FCC customer. You may also have the right to:

• Object to the processing of your personal data;
• Request the deletion of your personal data;
• Request a restriction of the processing of your personal data;
• Transfer your data to another controller; and/or
• Withdraw your consent where a NexGen/FCC customer obtained your consent to instruct NexGen Atom to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).

Please contact the relevant controlling customer (e.g., your employer) to exercise these rights. Alternatively, you may also reach out to [email protected]. To the extent you do email [email protected], please specify exactly the relevant controlling customer such that we can forward the request on to them to handle accordingly.

Children

FCC’s products and services are not designed to appeal to children under the age of 16. As such, the Sites are not directed at children under the age of 16 nor do we knowingly collect personal data from minors, nor do we sell, share or maintain such data, as defined by the CPRA.

Security and Data Retention

We are committed to safeguarding the confidentiality of your information and keeping personal data secure. We provide physical, electronic, and procedural safeguards to protect information we process and maintain against unauthorized access, use and disclosure. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our NexGen Atom App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.  If we provide your personal data to third parties, including service providers, we require those companies contractually to protect the personal data they receive and not to use the personal data for any purpose other than providing the required services.

We only retain data collected through the NexGen Atom app if authorized to do so by the customer on behalf of which we collected the data. Please contact the relevant customer (e.g., your employer) for more information about their data retention and security practices.

Data retention. To the extent we do retain personal data collected through the NexGen Atom app, we will retain said data only for as long as necessary to follow our customers’ instructions or to comply with legal, regulatory or internal policy requirements.

DISCLOSURE OF PERSONAL DATA

We do not sell or share the personal data collected through the NexGen Atom app, as defined by the CPRA. However, there are a few particular circumstances in which we may, with our customers’ permission, authorization, and/or consent, disclose or transfer this data, including:

• to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
• to our subsidiaries, affiliates, agents, and contractors as well as the service providers we use to support our business and/or collaborate with (e.g., our subprocessors); provided always, they are bound by contractual obligations to keep such personal data confidential and only use it for the purposes of providing the services for, or with, us based upon our customers’ chosen settings, configurations, and/or purchases;
• to comply with any court order, law or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services; and
• to protect the rights, property or security of Fleet Cost & Care, our employees, our users and/or others.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Changes

We may make changes to this privacy policy periodically to reflect changes in our practices, technologies, legal requirements and other factors. If we make changes, we will revise the “Last Updated” legend at the top of the privacy policy and we may provide additional notice in the app.

Contact Us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us.  You can also email us directly at [email protected].