Effective Date: June 5, 2019

Updated: July 11, 2023

1. Your Privacy Rights
   This software is operated by Blue Horseshoe Solutions, Inc. and/or one of its group entities (Blue Horseshoe NL B.V., Blue Horseshoe, "we", "us", or "our"). This Privacy Policy describes your rights regarding our collection, use, storage, sharing, and protection of your Personal Data. It applies to the Blue Horseshoe Supply Chain Cloud, a multi-tenant cloud-based platform, and all related websites, applications, services, and solutions, regardless of how you access or use them (collectively, the "Software"). All information processed by Blue Horseshoe, which includes its respective successors, divisions, and group entities, shall be limited to the purposes for collection set forth in this Privacy Policy.
   
   
2. EU Specific Provisions
   Certain provisions of the Privacy Policy apply only to residents of the European Union (the "EU"), and are clearly labeled as such. Otherwise, the Privacy Policy applies to all users of our Software, regardless of location.
   
   
3. Children
   The Software are not directed to children. If a parent or guardian becomes aware that his or her child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided us with Personal Data without parental consent, he or she should contact us at Privacy.BlueHorseshoe@bhsolutions.com. We will remove such information from our systems as soon as reasonably practicable.
   
   
4. What is Personal Data?
   As used in this Privacy Policy, "Personal Data" has the meaning provided in the EU General Data Protection Regulation of 2018 (the "GDPR"), and includes any information which, either alone or combined with other information we hold, identifies an individual, such as name, mailing address, email address, IP address, and telephone number. By contrast, "Anonymous Data" means any data that, alone or combined with other information available to us or a third party, does not permit identification of an individual. We collect both Personal Data and Anonymous Data as set forth below.
   
   
5. Scope and Consent
   We may amend this Privacy Policy at any time by posting a revised version on this Software. The revised version will be effective at the time we post it. Therefore, we encourage you to periodically review this Privacy Policy to remain informed about how we are helping to protect the Personal Data we collect. If we make any material changes, we will provide notice on this Software prior to the change becoming effective.
   
   Blue Horseshoe honors your choices. You can choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from us by using the opt-out methods described below (see "How You Can Opt Out of Marketing Communications"). If we determine that your explicit consent is needed to send promotional communications, we will obtain that consent before or at the time of data collection.
   
   
6. Privacy Shield
   Blue Horseshoe, which includes its respective successors, subsidiaries, divisions, and groups, complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States. Blue Horseshoe has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
   
   Blue Horseshoe is responsible for the processing of personal data it receives, and under Privacy Shield we may subsequently transfer that data to a third party acting as an agent on our behalf. Blue Horseshoe complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
   
   With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Blue Horseshoe is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Blue Horseshoe may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
   
   If you are a resident of the EEA and have an unresolved privacy or personal information collection, use, or disclosure concern that we have not addressed satisfactorily, please contact the EU Data Protection Authorities. If you are a resident of Switzerland and have this concern, please contact the Swiss Federal Data Protection and Information Commissioner. In connection with its self-certification under the Privacy Shield, Blue Horseshoe commits to cooperate with the panel established by the EU Data Protection Authorities and comply with the advice given by the panel with regard to Personal Data transferred from the EU. Blue Horseshoe also commits to cooperate with and comply with the advice of the Commissioner with regard to Personal Data transferred from Switzerland. This is provided at no cost to you.
   
   For more information on how to contact the EU Data Protection Authorities, click here.
   
   For more information on how to contact the Swiss Federal Data Protection and Information Commissioner, click here.
   
   Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
   
   
7. How We Collect Your Personal Data
   When you use our Software, we collect the following types of Personal Data to provide you with use of and access to our Software, including mobile applications, and to help us personalize and improve your experience:
   
   Information we collect automatically: When you use our Software or mobile applications, we collect information sent to us by your computer, tablet, mobile phone, Enterprise Resource Planning Systems that are set up to seed and receive data from us, or other access devices. The information sent to us may include but is not limited to the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information. We may also collect anonymous information through our use of cookies and web beacons.
   
   For Supply Chain Cloud Deliver Mobile Application Only:
   
   
   • Account Information: Your Microsoft Azure B2C and Microsoft Azure Active Directory email address, which is used for authentication and access to our software and mobile applications.
   • Camera and Photos: Your camera and photos for, but not limited to, cases such as proving the Delivery of a Product or during the Inspection of a Truck Trailer.
   • Location Information: Your precise, approximate, and background location, which are all used but are not limited for tracking and managing the completion of truck delivery routes. Depending on the level of access given, we collect location information differently. For example, if Background access is given, we collect data continuously because that provides the most accurate representation of a route. In other instances, we might collect location data at defined points throughout the delivery of a route.
   • Crash Logs and Diagnostics: Your crash and diagnostic data is collected and sent to a third-party software, where it is assessed by us so that we can identify areas that can be modified to provide a better overall experience with our software and mobile applications.
   
   Information you provide to us: We may collect Personal Data, such as your name, phone, email, and other similar information that you enter directly onto or in connection with our Software. Generally, Personal Data is collected when: (i) you register for an account with the Software, (ii) you request information about our products and services; (iii) you register for an event or content including newsletters (iii) and you respond to a survey. If you fail to provide the requested Personal Data, you may not be able to access all or portions of the Software or purchase products and services.
   
   Billing Data: We use third-party service providers to process payments made through the Software. We store name, address and, where applicable, the expiration information and last four digits of your credit card for tax compliance and user support purposes. All other payment information (i.e., complete credit card information) is available only to our payment processors.
   
   Support and Correspondence: You may provide certain Personal Data in connection with user support and inquiries. User support histories are maintained for so long as the associated account remains active and a reasonable time thereafter.
   
   Feedback: If you provide us with feedback, we will collect your email address as well as the content of your email in order to respond to you.
   
   Other methods of collection: We may also collect information from or about you in other ways, such as through your contact with our customer support team, your results when you respond to a survey, and your interactions with members of the Blue Horseshoe corporate family or other companies.
   
   
8. How We Use the Personal Data We Collect; Purposes and Legal Bases for Processing
   Our primary purpose for collecting and processing Personal Data is to provide you with a secure, smooth, and efficient user experience. We may also use your Personal Data to:
   
   
   • operate the Software; establish, maintain, and secure your account; identify you as a user and provide the Software to you; personalize your experience to allow us to deliver you content and product offerings in which you are most interested in (the legal basis for processing is either performance of the agreement between us and you or our legitimate interest, more specifically our economic interest in offering you products and services);
   • administer a contest, promotion, survey or other Software feature;
   • provide support or to carry out the service(s) you have requested or authorized (the legal basis for processing is performance of the agreement between us and you);
   • troubleshoot your issue and provide you with more effective customer service (the legal basis for processing is performance of the agreement between us and you);distribute alerts concerning product upgrades, special offers, updated information, and other new products and services from Blue Horseshoe or our partners (the legal basis for processing is either performance of the agreement between us and you or our legitimate interest, more specifically our economic interest in making you personalized offers).
   • perform fraud detection and authentication;
   • improve the software and your interactions with them;
   • sent you administrative notifications, such as security or support and maintenance advisories; you will receive these notices even if you opt out of receiving marketing communications as set forth below;respond to customer support inquiries and other requests; promote the Software or send you other marketing information; EU users must actively choose to receive marketing communications; users elsewhere (and those in the EU who have previously opted in) may always elect to stop receiving such communications.
     
     
9. How We Share Personal Data with Third Parties
   Blue Horseshoe partners with and occasionally hires other companies to provide services on its behalf (such as cloud hosting and storage.) Personal Data may be shared with these companies; however, we will only share your Personal Data to accomplish the purposes for which we collected the Personal Data. These third parties are contractually required to maintain the confidentiality of your Personal Data and are contractually prohibited from using that information for any other purpose.
   
   We may also share your information as follows:
   
   
   • with your consent;
   • when we believe in good faith that disclosure is necessary to protect our rights or property;
   • to protect your safety or the safety of others;
   • to investigate fraud or respond to a government, judicial or other legal request;
   • with Blue Horseshoe group entities;
   • to comply with the law;
   • in connection with a corporate change, such as an acquisition or merger; and
   • with our service providers, including various carrier and freight providers; we provide Personal Data to third party service providers solely as required to provide the Software, create accounts, provide technical support, process payments, or enable communication between you and us; we review the security and data privacy practices of all such service providers to ensure that they comply with all applicable laws and this Policy; we have data processing addenda in place with all service providers who access Personal Data of EU users.
     
     
10. How We Protect and Store Personal Data
    We endeavor to protect the security of your Personal Data. We use a variety of security technologies and procedures to try to protect your Personal Data from unauthorized access, use, or disclosure. For example, we store the Personal Data you provide on computer servers with limited access that are located in controlled facilities.
    
    
11. Cookies
    Blue Horseshoe and its partners use cookies or similar technologies to expedite the user login process, remember user experience settings, analyze trends, administer the website, track users' movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.
    
    We may partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests.
    
    
12. How You Can Opt Out of Marketing Communications
    You may sign up to receive marketing communications from us, change your current preferences, or unsubscribe from marketing communications by contacting us at optout.BlueHorseshoe@bhsolutions.com.
    
    
13. How You Can Access or Change Your Personal Data
    Upon request, Blue Horseshoe will provide you with information about whether we hold any of your Personal Data. You may request access, correction, or deletion of your Personal Data by contacting us at Privacy.BlueHorseshoe@bhsolutions.com. We will respond to your request within a reasonable timeframe.
    
    
14. Additional Privacy Rights for Individuals in the European Union (EU USERS ONLY)
    Under the General Data Protection Regulation (GDPR) you have a number of rights with regard to your personal data.
    
    
    • Withdraw Consent: You may withdraw your consent to our processing of your Personal Data, in whole or in part (i.e., for marketing purposes). Certain services may be ineffective upon opt out.
    • Access: You may access the Personal Data we hold about you at any time via your account or by contacting us directly.
    • Modification: You may modify the Personal Data we hold about you at any time via your account or by contacting us directly.
    • Erase and Forget: In certain situations, for example, when the Personal Data we hold about you is no longer relevant or accurate, you can request that we erase your Personal Data.
    • Portability: you may request a copy of your Personal Data and may always move it to other entities as you desire.
      
      
    Please send these requests to us at Privacy.BlueHorseshoe@bhsolutions.com.
    
    If you have provided consent for the processing of your data, you have the right (in certain circumstances) to withdraw that consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.
    
    You have the right to lodge a complaint to the EU Data Protection Authorities. Click here if you believe that we have not complied with the requirements of the GDPR with regard to your personal data.
    
    Identity and Contact Details of Controller
    Blue Horseshoe Solutions, Inc. is the data controller. Blue Horseshoe, NL B.V. serves as the representative of Blue Horseshoe Solutions, Inc. Contact at Privacy.BlueHorseshoe@bhsolutions.com.