Privacy Policy

 

AwareGPS by Agilis Systems' Privacy Policy

Agilis Systems, LLC (Agilis) and its brand AwareGPS understands and respects your concerns about the use of your Personal Information. We believe that you should know what information about you we collect, as well as how that information is used, maintained, and, in some cases, shared. The following sets forth our privacy practices and policies.


Throughout this Policy, we refer to the term "Personal Information." "Personal Information" is data which identifies, describes, is associated with, or could be linked to an individual, such as a name, email address, birthdate, postal address, telephone number, driver's license, SSN or government-issued identification number, credit card number, or the like.

Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. Also, some of our customers are businesses, companies, institutions, or other entities rather than individuals. We do not consider Business Information, such as title, employer's name, work email, work phone number, work address, and other similar business information, to be Personal Information.

Agilis will collect Personal Information about you when you do any of the following: (i) register to become a customer; (ii) use any of our services, including when you use a mobile device equipped with one of our services; (iii) use this website; (iv) participate in one of our promotions, such as a sweepstakes; or (v) request information about our services from us or from another company through which our services are offered (such as a mobile telecommunications provider). By doing any of the foregoing, you assent to this privacy policy. If you do not agree with the terms of this policy, please do not engage in any of these activities.

As described in greater detail below, we will store and use Personal Information about you, including information about who you are, where your wireless device is located at particular points in time, and where and when you browse on our website in order to provide our services to you and to continually improve the quality of our services and this website. Such information may be uploaded to our servers, to be used (generally in an anonymous format) to monitor the status of the communication network and data processing systems.

We will not sell or disclose to unaffiliated third parties without your consent your location and route information that we collect during your use of our services, except as otherwise provided in this policy. However, from time to time we will disclose, and may sell, to unaffiliated third parties other Personal Information that we collect about you, including information that we collect through your registration to be a customer, your participation in one of our promotions, or your request to us or one of our partners for information about our services.


 

Personal Information Collected about You and Our Use of Such Information

The following describes the types of personal and other information we may collect about you, and how we use and maintain that information:

The Purpose of Processing

The Data concerning the User is collected to allow AwareGPS to provide service, comply with legal obligations, respond to enforcement requests, protect AwareGPS's rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Displaying content from external platforms, Interaction with external social networks and platforms, Tag management, advertising, user database management, content performance and features testing (A/B testing), remarketing and behavioral targeting and interaction with live chat platforms.

Information Related to Your Account:

We collect Personal Information about you when you register to become a customer of the Agilis service, and when you otherwise transmit such information to us via our website or by email. Specifically, to maintain your account we collect and store in a database your name, billing address, email address, 10-digit mobile phone number (or device ID/number as required), mobile phone model, wireless carrier, and in certain circumstances your credit card number.

We use your name, billing address, and credit card number for the purpose of billing you for the Agilis service.

We use your email address to contact you with regard to your account, such as to communicate that it is about to expire or to confirm any change to your phone number, and to respond to any inquiry you submit via our website or by email. We also may use your email address from time to time to inform you about our products and services that we think will interest you.

As a customer of Agilis, you may also create a username and password, which we store in our database, for the purpose of you logging into your account via the website link provided to you by Agilis. In some cases, the usernames and / or passwords are generated for you automatically on your wireless device, and cannot be altered.

As a customer of Agilis, you also have the option of providing us with your home and work addresses (to the extent they differ from your billing address), which we store in our database, to enable you to access other features on the Agilis service.

On some versions of the Agilis service, you can also create a list of addresses that you may edit on our website, or on your mobile device. We store these addresses in our database so that you can access them from your mobile device, and so that should you change devices, this collection of addresses will still be available to you.

Information Related to Your Location and Route

Each time you access the Agilis service, we periodically receive and record your current location from the GPS hardware associated with your vehicle. All location data submitted to Agilis will remain the sole property of you to the full extent provided by law. Agilis will not use the location data for any purpose other than to provide the Service to you and for statistical reporting purposes. Agilis may aggregate anonymous statistical data regarding use and functioning of its system by its various customers. Such aggregated, deidentified, statistical data will be the sole property of Agilis and may be used by Agilis for any legitimate business purpose.

We maintain a database with this location and route information, and may keep such information indefinitely. We use this location and route information to the extent reasonably necessary to provide and maintain the Service and for determining where we should emphasize improving our map coverage and service capabilities, and to improve your user experience. Agilis will use commercially reasonable security measures to protect your data against unauthorized disclosure or use. 

Detailed Information on the Processing of Personal Data 

Information from Promotions 

We collect information you give us when you participate in an Agilis promotion, such as a sweepstakes. Specifically, you will typically be asked to provide your name and email address, and possibly other information such as your mailing address and telephone number.

We store this information in our database and will use it to communicate with you about the promotion. We may also use this information to promote our services to you in the future, unless you inform us that you opt out from receiving such communications.

We also collect information that you give us when you request additional information about one of our services either via our website or via one of our partners through which our services are offered. (To understand what a partner of ours may do with information about you in the partner's custody, you should check the privacy policy of that partner.)

Information we collect through these requests includes your name, phone number, and email address, and if you are seeking information on behalf of your company, the name of that company. We will use this information to provide you with details about our services, and we may use this information to promote our services to you in the future, unless you inform us that you opt out from receiving such communications. 

Mobile Phone Information

By providing a mobile phone number, you expressly consent to receive non-marketing and marketing text messages at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. See SMS Terms and Conditions.

Other Information

We may retain any data you provide to us in an email inquiry, for the purpose of tracking the types of questions we receive.

Additional Information About Data Collection and Processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party's consent to provide the Data to the Owner.

System logs and maintenance

For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

This Website does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

California Privacy Rights

If you are a California resident, you may have certain rights with respect to your personal information including the following rights:

  1. the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold over the past 12 months;
  2. the right to “opt-out” of AwareGPS’s sale of your personal information to any third parties. (For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's personal information by the business to another business or a third party, for monetary or other valuable consideration”. This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.);
  3. the right, with some exceptions, to have your personal information deleted from AwareGPS’s possession or control; and
  4. the right to receive equal service and pricing from AwareGPS even if you exercise any of your privacy rights.

California Civil Code Section 1798.83 permits users of the Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

To exercise the rights described above, you need to submit your verifiable request to us. For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

  • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.

If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.

You can submit a maximum number of 2 requests over a period of 12 months.

To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your personal information, please send an e‐mail to privacy-request@awaregps.com, or write us at:

California Privacy Rights
AwareGPS Tracking
16305 Swingley Ridge Road, Suite 100
St. Louis, MO 63017

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you.

If you are a California resident under the age of 18, and a registered user of any Site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to privacy-request@awaregps.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.


When Your Information Will Be Shared Or Disclosed

We routinely provide your name, billing address, and credit card information, along with the amount to be charged, to to our partner, Chase, who will use that information to processes your credit card for billing purposes.

We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise our legal rights, or to defend against legal claims.

Information about you in our possession may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. Agilis does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.


Information on Wireless Devices

The Agilis software (and any upgrades, modifications, or additions thereto) that is factory installed or downloaded to, and resides upon your wireless device retains your manually entered account number username and password, or reads it from the device. Having your carrier change the assigned phone number for your wireless device does not change the account number we maintain with regard to that device, which will result in your device not being able to access your Agilis account established using the new phone number. If this happens, please continue to use the original number.


Data Movement

We may maintain your Personal Information on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We process data, including Personal Information, in the United States. We transfer your Personal Information to another organization or a country only with your consent or to perform a contract with you, and consistent with the practices described in this Privacy Policy.


Security Measures

We maintain a variety of industry-standard security measures, including physical, electronic and procedural safeguards. For instance, we use SSL encryption technology for all credit card numbers, passwords, and registration information you provide us. No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.


Your Access and Consent to Use of your Personal Information

If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review and/or request changes or deletion of that information, you can contact our Webmaster.

If you do not consent or want to withdraw your consent for us to collect, use, or disclose your Personal Information as described in this Policy, please contact our Webmaster. In your request, please identify the Personal Information at issue and the collection, use, or disclosure you wish to stop.

Denying or withdrawing consent may not allow us to provide you with some or all of the products, services, or information you request.

You may opt-out of receiving marketing-related emails by clicking the "unsubscribe" link at the bottom of any email you receive from us or emailing us at support@awaregps.com. If you are having difficulty unsubscribing from our marketing communications, please contact us at support@awaregps.com or 855-894-8729.

If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your account, orders, customer service inquiries, and other matters.

If you agreed to receive future marketing communications directly from a third party through our Site, you will need to contact that party to opt-out of such communications. This process may be outlined on that party's privacy policy.


Other Websites

For your convenience, this website contains links to other websites, including some websites administered by Agilis or administered by other companies on behalf of Agilis, as well as to websites unrelated to Agilis. This privacy policy does not apply to these linked websites. Each website should be checked for its own privacy policy.


Changes to this Policy

Agilis may from time to time update this privacy policy. In the event that Agilis merges with, or is acquired by another company, a change to this privacy policy may result. Whenever a change to this policy is significant, we will place a prominent notice on this website.


Governing Law

By choosing to visit this website or otherwise provide information to Agilis, you agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the law of the State of Missouri. You also agree to arbitrate such disputes and to abide by any limitation on damages contained in our Terms of Use, Terms and Conditions of Service, or other applicable agreement we have with you.


VisTracs ELD End User License Agreement

This privacy policy applies only to Linxup ELD customers using the VisTracks system by Omnitracs.

YOUR PURCHASE AND USE OF OMNITRACS SOFTWARE IS EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, AS MAY BE PERIODICALLY UPDATED BY OMNITRACS IN ITS SOLE AND ABSOLUTE DISCRETION, AND YOUR TIMELY PAYMENT OF MONTHLY AND ALL OTHER APPLICABLE CHARGES AND FEES.

Additionally, This App makes use of a feature known as "SlidingMenu". By agreeing to this End User License you are also accepting the SlidingMenu license as follows:

  • Copyright 2012-2014 Jeremy Feinstein
  • Licensed under the Apache License, Version 2.0 (the ''License"); you may not use th.is file except in compliance with the License. You may obtain a copy of the license at http://www.apache.org/ltcenses/UCENSE-2.0
  • Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT Warranties OR Conflans Of ANY KIND, either express or implied.
  • See the License for the specific language governing permissions and limitations under the License.

App Terms and Conditions:

  1. DEFINITIONS

    In addition to the terms defined in the body of this Agreement, the following terms have the following meanings: " " means the Hours of Service/DVIR tablet and smartphone application

    "Confidential Information" means non-public information that a Party provides and reasonably considers to be of a confidential, proprietary or trade secret nature, including marketing, engineering and other plans, financial statements and projections, customer and supplier information, research, designs, plans,compilations, methods, techniques, processes, procedures, and know-how, whether in tangible or intangible form, and whether or not stored, compiled ormemorialized physically, electronically, graphically, photographically, or in writing. Confidential Information shall not include Non-Confidential Information.

    "Customer" or "You" or "Your" means the individual account holder who: 1) has full legal authority to enter into this Agreement, and has entered into this Agreement, either on behalf of himself/herself or on behalf of another individual pursuant to either a durable power of attorney, other legal authorization or as the legal guardian of such individual; and 2} purchases or otherwise uses the services in accordance with the terms and conditions set forth in this Agreement.

    "Device" means a mobile Device purchased from or distributed by Omnitracs intended to be used by Customer to track and/or monitor Monitored Users.

    "HOS Data" means the paperless driver logs recording hours of service information that are compliant with the United States safety regulations for automatic on-board recording devices set forth at Part 395.15 of the Federal Motor Carrier Safety Administration.

    "Internet" means the global computer network comprised of interconnected networks using standard protocols including HTTP, UDP and TCP/IP.

    "Non-Confidential Information" means information which: (i) is, as of the time of its disclosure or thereafter becomes part of the public domain through no fault of the receiving party; (ii) can be demonstrated by credible evidence: (a) as rightfully known to the receiving party prior to the time of its disclosure, or (b} to have been independently developed by the receiving party; (iii) is subsequently learned from a third party not under a confidentiality obligation to the disclosing party; or, (iv) is required to be disclosed pursuant to a duly authorized subpoena, court order, or government authority, provided that the receiving party has provided prompt written notice and assistance to the disclosing party prior to such disclosure, so that such party may seek a protective order or other appropriate remedy to protect against disclosure.

    "Omnitracs Trademarks" means any name, logo and trademark of Omnitracs used by Omnitracs to identify itself or any Omnitracs products or services that Omnitracs licenses to You under this Agreement.

    "Personal Information" means any information that can be used to identify an individual and is not otherwise publicly available.

    "Server" means the server or servers as designated by Omnitracs from time to time through which Omnitracs provides the Services in accordance with this Agreement.

    "Services" shall mean all services associated with DOT Hours of Service (E-Logs), Mobile Work Orders, Devices including all hosting and maintenance of the Hours of Service application on Omnitracs or Omnitracs designated service provider Servers pursuant to the terms and conditions of this Agreement and any additional services or add on options You choose. As used in this Agreement, Omnitracs includes Omnitracs and all of its designated service providers.

    "Sub-Account Holder{s)" means the individual(s) properly and validly authorized by a Customer to use the Services ordered by the Customer to track or monitor a user in accordance with the terms and conditions set forth in this Agreement.

    "Territory" means the United States of America, or such other designated area approved by Omnitracs applicable to your Services.

  2. 0rders

    2.1 The terms and conditions of this Agreement will control all orders Services. Subject to the terms and conditions of this Agreement Omnitracs agrees to provideaccess to the App in accordance with the first order you submit.

  3. Access to App Restrictions on Use & Licences

    3.1. Access to the App. During the term of this Agreement and subject to the terms and conditions herein, Omnitracs hereby grants You a limited, non-exclusive, non-transferable, royalty-bearing license solely to access the App.

    3.2. Use by Sub-Account Holders. A Customer may authorize other individuals ("Sub-Account Holders") to use the Devices and Services ordered by the Customer under this Agreement. In such cases, Customer shall ensure that such Sub-Account Holders use the Devices and Services in a manner that complies with all applicable laws and this Agreement. Customer is solely responsible for such Sub-Account Holders' usage of the Devices and Services. Customer agrees to require each Sub-Account Holder using Customer's account to comply with the obligations set forth in this Agreement, including, without limitation, the restrictions contained in Section 3.3.

    3.3. Restrictions on Use; No Modification. You, your Sub-Account Holders and Monitored Users shall not engage in any ofthe following acts (individually , a "Prohibited Act", and collectively, "Prohibited Acts"): (i) willfully tamper with the security of any Omnitracs' Devices, Apps, or Services; (ii) access data not associated with your account via Omnitracs' Devices, Apps or Services; (iii) log into an unauthorized server or another non-Customer Omnitracs account without authorization; (iv) attempt to probe, scan or test the vulnerability of any Omnitracs' Services or to breach Omnitracs or Omnitracs security or authentication measures without proper authorization; (v) willfully render any part of Omnitracs' Services unusable; (vi) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any Omnitracs' Services; (vii) modify, translate, or create derivative works based on any Omnitracs' Services or Apps; (viii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit any Omnitracs' Services or Apps or make any Omnitracs' Services or Apps available to a third-party other than as contemplated in this Agreement; (ix) use any Omnitracs' Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (x) publish or disclose tothird parties any evaluation of Omnitracs' Services without Omnitracs' prior written consent;

    (xi) remove, modify, obscure any copyright, trademark, patent or other proprietary notice that appears on any Omnitracs' website(s), Apps, or in association with its Services; (xii) create any link to Omnitracs' website(s) or frame or mirror any content contained or accessible from Omnitracs' website(s); or (xiii) use any data or information obtained through the use of the Omnitracs' Devices or Apps for any unlawful purpose or in violation of any applicable law (including, without limitation, data protection and privacy laws). Except as expressly provided in this Agreement, no right or license is granted hereunder, by implication, estoppel or otherwise.

    Firmware License. Each Device provided by Omnitracs may contain firmware developed and owned, or otherwise authorized to be used by Omnitracs. Forfirmware developed and owned, or otherwise authorized to be used by Omnitracs, Omnitracs hereby grants You a limited, non-exclusive, non-transferable, royalty-free license, for the Term, to use the firmware on each Device. Omnitracs shall retain all rights to the firmware conta ined on each Device. The license granted herein shall be deemed to be in effect upon delivery of each Device.

    3.4. Ownership. You acknowledge that, as between You, your Sub-Account Holders, and Omnitracs, all right, title and interest in any software, Devices, or firmware provided under this Agreement, and all modifications and enhancements thereof, including all rights undercopyright and patent and other intellectual property rights, belong to Omnitracs or the entity which authorized Omnitracs such use. This Agreement does not provide You with title or ownership of any Services, any software, Devices, or firmware provided under this Agreement, but only the rights specified in this Agreement.

  4. Services

    4.1. Availability of Services. Subject to the terms and conditions of this Agreement, Omnitracs shall use commercially reasonable efforts to make the Services available for twenty-four (24) hours a day, seven (7) days a week. You agree that from time to time the Services may beinaccessible or inoperable for reasons beyond the control of Omnitracs including, but not limited to: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Omnitracs may undertake; or, (iii) interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You shall not be entitled to any setoff, discount, refund or other credit as a result of unavailability of the Services. You agree that Omnitracs has no control of availability of Services on a continuous or uninterrupted basis. Omnitracs does not guarantee any specific response rate (bandwidth). Any unavailability of the Services will be relayed to you as soon as possible.

    4.2. Security. Omnitracs shall use commercially reasonable efforts to prevent unauthorized access to restricted areas of APP and any databases or other sensitive material; and, Omnitracs shall notify You of any known security breaches to its systems that are reasonably likely to adversely affect Data (as that term is defined below), in accordance with applicable law.

    4.3. Omnitracs APP Support. Customer technical support for problems with the APP, as well as Billing and any other general questions, will be provided by Omnitracs or Omnitracs' authorized resellers during reasonable and designated business hours Monday-Friday (excluding U.S. federal holidays). Support hours and contact numbers are listed in your product user manual.

  5. Customer Data

    5.1. Omnitracs's Use of Data. Omnitracs collects Personal Information and non-personal information about its Customers and Sub-Account Holders and information generated through Customer's and Sub-Account Holders' use of the App (collectively, "Data") in order to: (i) provide the Services; (ii) provide customer and technical support; and, (iii) for other business-related purposes, such as billing, marketing, and new serviceofferings, introductions and sales. Omnitracs may remove from the Data any Personal Information "Deidentified Inform ati on". Omnitracs may use and sell Deidentified Information for any other business purpose, including sharing it with third parties. If You have provided your contact information, Omnitracs may contact You for marketing purposes by various means, including but not limited to regular mail, email or telephone. When You activate a Omnitracs account, Youexpressly consent to receive marketing communications via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or othercommunications methods. You may opt out of receiving one or more of these types of marketing communications at any time by contacting customer service.

    5.2. Retention of Data. The default retention period for the HOS Data is 180 days. Data will be retained as long as there exists a legitimate business need to do so. For example, Omnitracs may retain Data for: (i) the duration of a dispute with our company; (ii) if we are notified by a third party to preserve such Data in a civil or criminal investigation or proceeding and, in our judgment, failure to comply with the request may subject us to civil or criminal liability, provided that in such event we will notify you of retention beyond the applicable period unless disclosure is prohibited by an investigating governmental authority or otherwise prohibited by law; (iii) for accounting, system performance anomalies, troubleshooting, maintenance, and similar needs, provided such Data is deleted from our servers once such use has been completed; and (iv) to monitor or improve our products or services or to verify whether or not the Service is being used in accordance with the terms of this Agreement.

  6. Customer Responsibilities

    6.1. Use of Services. You acknowledge and agree that You will not use the Services for any unlawful purpose to: (i) Trackand/or Monitor any individual in violation of applicable laws; (ii) send spam or otherwise unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (iii) send messages to any email lists, distribution lists, newsgroups, or spam email addresses; or, (iv) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You agree to report immediately to Omnitracs, and to use Your best efforts to stop immediately, any violation of the terms and conditions set forth in this Section or any of Omnitracs's other published policies, including but not limited to any privacy policies (collectively, "Policies") that may be issued from time to time, all of which are incorporated herein by reference. You will comply with all applicable laws, regulations, ordinances and product documentation, including without limitation any laws that restrict the use of any devices while driving, and obtaining and maintaining all licenses, permissions, authorizations, consents and permits necessary to carry out your obligations under this Agreement. In the event of any suspected violation of the terms, conditions and restrictions set forth in thisSection or any Omnitracs Policies, Omnitracs may immediately disable your access to App and suspend its provision of such Services.

    6.2. Access To Hosted Services. Omnitracs will provide You with a user name, password and other information necessary to access hosted service for App. You are solely responsible for keeping the respective user names and passwords confidential and for anycommunications or transactions made using user name and password. You are responsible for changing the respective user names and password if it is believed that the same has been stolen or might otherwise be misused.

    6.3. Consents. You be responsible for compliance with applicable privacy laws and for obtaining the necessary legal consent(s) from those Monitored Users who are being tracked and/or Monitored by Your use and Your Sub-Account Holders' uses of the Device(s) and shallauthorize the tracking and/or monitoring of such Device(s) by Omnitracs and its subcontractors. If a Monitored User is a minor, You acknowledge that You and/orYour Sub-Account Holder have lawful guardianship over such minor and You further acknowledge that You and/or Your Sub-Account Holder have the legal right to lawfully monitor a user in the location or locations where the Device(s) is used. The service is not intended to track minor nor to collect information about minor to avoid being in violation of COPPA regulation. You agree to indemnify and hold Omnitracs its agents, licensees, licensors, and subcontractorsharmless from any and all costs and expenses regarding any claim(s) arising from the unauthorized tracking and/or monitoring of the Device(s) by you or your Sub-Account Holders.

DISCLAIMER

Omnitracs may change the products and other materials mentioned at any time without notice. Mention of non-Omnitracs products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION, SOFTWARE, PRODUCTS, APPS, DEVICES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. OMNITRACS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OMNITRACS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE APP, SERVICES, DEVICE OR ANY OMNITRACS PRODUCT, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF OMNITRACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Update Information / Suggestions

If you would like to access, amend, delete, update or correct any information that you have provided to Agilis through your use of the Agilis services or this website, or you have suggestions for improving this Policy, please send an e-mail to support@awaregps.com or contact us at:
AwareGPS Webmaster
16305 Swingley Ridge Road, Suite 100
St. Louis, MO 63017

Last modified: January 4, 2022