Effective Date: March 16, 2020
GoHeavy cares deeply about the privacy of its visitors, users and service providers and is fully committed to protecting their personal information and using it in compliance with relevant data privacy laws. This policy describes how we may collect and use personal information, and the rights and choices available to our visitors, users and service providers regarding such information.
We strongly urge you to read this policy and make sure you fully understand it, before you access or use any of our services.
1. Please read carefully!
2. What information do we collect?
2.1. Visitor and User Information
We started providing our Services and Platform on March 16, 2020 so we do not have historical data yet. We therefore have not collected any information in the last 12 months. However, we will collect two types of information regarding our Visitors and Users:
- Un-identified and non-identifiable information pertaining to a Visitor or un-identified User, which may be made available to us, or collected automatically via his/her use of the Services or the Platform (“Non-personal Information”). Such Non-personal Information does not enable us to identify the Visitor or User from whom it was collected. The Non-personal Information collected by us mainly consists of technical and aggregated usage information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Platform, session heat-maps and scrolls, the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, or date/time stamps.
- Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual or may be of private or sensitive nature (“Personal Information”). For most Users, such as shoppers and retailers, the Personal Information collected by us mainly consists of identifiers such as contact details (e.g., name, e-mail address or phone number), which are only collected from Users who affirmatively establish an account with us for the provision of Services; details regarding Internet activity such as a browsing or usage session (IP address, Geo-location and/or device unique identifier); commercial information such as purchasing habits; details regarding connected third party accounts (such as the e-mail or username for a connected Google or Facebook account); correspondences with you (including those made through or uploaded to our Platform), and any other Personal Information provided to us by Visitors and/or Users through their access to and/or use of the Services and/or Platform. For job applicants, we may collect additional Personal Information related to the job application process, such as employment information, background checks, and other information listed below in Section 2.2. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Platform or Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.
We do not process payments or collect payment information for any of our Users, nor do we store information relating to payment or financial information. All payment processing occurs through a third-party payment vendor. All information which you provide through the Platform or receive in connection with the Services is solely governed by the policies and procedures of the payment vendor.
2.2. GoHeavy Job Applicant Information
GoHeavy welcomes all qualified Applicants to apply to be a driver and/or heavy-lifter, or to any of the open positions published at www.goheavy.co/careers (“Applicants”) by sending us their contact details and resume or CV (“Applicants Information”) via the relevant Position Application Form on our Website, or through any other means provided by us such as e-mail or otherwise.
In addition to contact details (e.g., name, e-mail address or phone number), we or Third Parties we work with such as Lever and GoodHire.com may collect additional Personal Information for Applicants as part of the application process, which may further include information you provide to us, such as resume or CV, identification documents (such as age; ID card; driver’s license; vehicle information, registration and insurance; passport or official registration documents), as well as other information provided about you from third parties as a result of your job application, such as background check results, driving record and Department of Motor Vehicles records. Some of this information may include protected class information, such as race, national origin, and gender.
We understand that privacy and discretion are crucial to our Applicants, and are committed to keep Applicants Information private and use it solely for GoHeavy’s internal recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, and contacting Applicants by phone or in writing).
Please note that GoHeavy may retain Applicants Information submitted to it for no longer than two years after the applied position has been filled or closed. This is done so we can re-consider Applicants for other positions and opportunities at GoHeavy; so we can use their Applicants Information as reference for future applications submitted by them; and if the Applicant is hired, for additional employment and business purposes related to his/her work at GoHeavy.
If you previously submitted your Applicants Information to GoHeavy, and now wish to access it, update it or have it deleted from GoHeavy’s systems, please contact us at email@example.com.
2.3. Users-of-Users Information
We may also collect information pertaining to visitors and fleet operators for our drivers (“Users-of-Users”), solely for and on our Users’ behalf.
For example, we may collect company name, contact name and information, locational information and scheduling information for fleet operators that are incorporating or coordinating our drivers and heavy-lifters as part of their own delivery operations. We collect and store such fleet operator Personal Information as Users-of-Users information for our Users’ benefit.
Users-of-Users are responsible for the security, integrity and authorized usage of their Personal Information, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.
3. How do we collect such information?
There are three main methods we use to collect information:
- Through your use of the Services or Platform: When you visit any part of the Platform, including downloading and using the Mobile App, we are aware of it and will usually gather, collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed in Section 1 below, including through the use of “cookies” and other tracking technologies, as further detailed in Section 8 below.
- Provided by you voluntarily: For example, we collect the Personal Information you provide us when you register a User Account on our Platform; when you sign in to our Services via third party services such as Facebook or Google; when you place orders for our Services through the Platform; when you submit or upload such Personal Information as you use any of our Services; and/or when you contact us directly by any communication channel (e.g., GoHeavy’s Help Center support tickets, emails).
- From third parties: We may collect and/or receive information from third party sources in connection with job applications, such as the applicant tracking system Lever and GoodHire.com for background checks. We may also collect locational data for you using Google Maps or a similar third party locational system.
4. Why do we collect such information?
We collect such Non-personal and Personal Information for the following purposes:
- To provide delivery services, and provide and operate the Platform;
- To further develop, customize and improve our Services and Platform, based on Visitors’ and Users’ common or personal preferences, experiences and difficulties;
- To provide our Users with ongoing customer assistance and technical support;
- To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages (as further detailed in Section 9.1 below);
- To facilitate, sponsor and offer certain contests, events and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits;
- To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we and/or third party providers may use to provide and improve our Services and/or Platform;
- To enhance our data security and fraud prevention capabilities;
- To consider Applicants’ candidacy for working at GoHeavy (as further detailed in Section 2.2 above);
- To provide logistical operations and coordinate drivers and heavy-lifters for fulfillment of ordered Services; and
- To comply with any applicable laws and regulations.
We will only collect and use your Personal Information for the purposes set out above where we are satisfied that our use of your Personal Information is necessary to:
- perform the Services ordered by you (e.g. to provide you with a delivery or delivery estimate, to provide you with our customer assistance and technical support), or
- comply with a relevant legal or regulatory obligation that we have, or
- support legitimate interests that we have as a business (for example, to maintain and improve our Services or Platform by identifying user trends and the effectiveness of GoHeavy campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate and respects your privacy rights.
Our Services and Platform are not available to be used or provided by children under 18 years of age. No one under age 18 should provide any Personal Information to us through any of our Services or Platform. We do not knowingly collect Personal Information from children under 18. Parents and guardians should supervise their children’s activities at all times.
5. Where do we store your information?
Visitors’, Users’ and Users-of-Users’ Personal Information may be maintained, processed and stored by GoHeavy and our authorized affiliates and service providers. This may include being stored in secured cloud storage provided by a third-party cloud hosting service, which are located in Virginia, United States. In addition, Job Applicant’s Personal Information may also be maintained, processed and stored in the applied position’s location(s), which are currently in Texas and Pennsylvania. All Personal Information will be collected, processed and stored in the United States of America.
By providing Personal Information on the Platform, you are consenting to collection and processing in the United States.
5.2. Data Retention
We may retain your Personal Information and your Users-of-Users’ Information for as long as it is needed for us to provide the Services, for instance as long as your User Account is active. We may continue to retain such Personal Information even after you deactivate your User Account and/or cease to use any particular Services or the Platform to the extent it is reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.
We maintain a data retention policy which we apply to information in our care. Where your Personal Information is no longer required, we will ensure it is securely deleted and instruct other Third Parties we may have shared it with to also delete it.
GoHeavy is based in Dallas, TX. GoHeavy affiliates and service providers that store or process your Personal Information on GoHeavy’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
GoHeavy has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Platform. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Platform and Services and protection of our Visitors’ and Users’ privacy.
Regardless of the measures and efforts taken by GoHeavy, we cannot guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Information or any other information you share publicly with GoHeavy or anyone else. We therefore encourage you to set strong passwords for your User Account and avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.
6. What we do with your Personal Information
6.1. Sharing Personal Information with Third Parties
GoHeavy may share your Personal Information with Third Parties (or otherwise allow them access to it) only in the manners and instances provided below. No Personal Information was shared or disclosed in the last 12 months.
- Law Enforcement: In certain situations, GoHeavy may be asked to disclose Personal Information or data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws. Examples include: a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have good faith belief that the law requires us to do so. We may do so with or without notice to you.
- Protecting Rights and Safety: We may also share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of GoHeavy, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
- GoHeavy Subsidiaries and Affiliated Companies: We may share Personal Information internally within our family of companies in the course of facilitating and providing you (and your Users-of-Users) with our Services and Platform. In addition, should GoHeavy or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we have good faith that such change in control might materially affect your Personal Information stored with us, we will notify you via e-mail and/or prominent notice on our Website of this event and certain choices you may have regarding your Personal Information.
6.2. No Sale of Information
We do not sell your Personal Information to anyone and we haven’t sold any Personal Information in the last 12 months.
7. Your rights in relation to your personal information
It is imperative that you have control over your Personal Information. That’s why GoHeavy is taking steps to enable you to access, receive a copy of, update, amend, delete, or limit the use of your Personal Information.
7.1. Your privacy rights
Depending on where you are located when using the Platform and Services or your citizenship, you have certain rights with respect to your Personal Information:
- Access: you have a right to know what Personal Information we have collected about you in the last 12 months.
- Portability: you have a right to receive a copy of your Personal Information that we have collected in the last 12 months.
- Disclosures: you have a right to obtain individualized disclosures when we provide your Personal Information to a third party in the last 12 months.
- Deletion (Right to be Forgotten): you have the right to request deletion of your Personal Information, including deleting of all your Personal Information. However, we are allowed to retain your Personal Information if: (1) it’s necessary to complete a transaction that we collected it for, (2) to fulfill the terms of a warranty under federal law, (3) to provide services requested by you or reasonably anticipated if we have an ongoing business relationship, or (4) to perform Services for you. We may also retain your Personal Information to the extent necessary to maintain our system and data security, to exercise a legal right, to comply with a law or legal obligation, or to use the Personal Information internally in a lawful manner in connection with providing our Services and/or Platform. If you wish to delete your entire GoHeavy account, please note that doing so erases all of your information from GoHeavy’s databases. After completing this process, you can no longer use any of your GoHeavy services, your account and all its data will be removed permanently, and GoHeavy will not be able to restore your account or retrieve your data in the future. If you contact GoHeavy Support in the future, the system will not recognize your account and Support agents will not be able to locate the deleted account.
- Rectification: you may have the right to have errors in your Personal Information corrected.
- Restrict Use: you may have the right to restrict our use of your Personal Information under the following circumstances: (1) the accuracy of the Personal Information is contested, (2) use is unlawful but you don’t want us to erase or delete it, (3) we no longer need the Personal Information but you want us to hold it in connection with a legal claim, or (4) you objected to use of the Personal Information but it has yet to be determined if there are legitimate grounds to override this request. If so restricted, we may only store it or use it with your consent or for legal purposes.
- Object to Use: you may have the right to object to our use of the Personal Information for: automated decision-making, profiling, direct marketing, and statistical, scientific or historical research purposes.
7.2. Exercising your rights
GoHeavy Technologies LLC, 550 Reserve St., Suite 190, Southlake, Texas 76092
We will confirm receipt of your request within 10 days. Before acting on your request, we may ask you for additional information to confirm your identity and for security purposes. Once we have verified the request comes from you, we will respond to your request within one (1) month (though this may be extended up to 90 days depending on the request). If we can’t accommodate your request, we will let you know why.
We cannot discriminate against you for exercising your rights to your Personal Information.
There is no charge for providing information in response to a request for Access, Portability or Disclosure, unless your request is unfounded or excessive. Privacy laws permit a maximum of 2 requests in a 12-month period.
You may also correct, update or remove certain parts of such Personal Information, such as your profile and contact information, by yourself through your User Account.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at firstname.lastname@example.org
7.3. Financial incentive
We may, at our discretion, offer a financial incentive such as a payment or discount on the Services for the collection, disclosure or deletion of your Personal Information. If we do, we will provide more specific details of the incentive and give you the option to opt-in. If you decide to participate, you will always be able to change your mind at any time.
GoHeavy, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our Platform on an ongoing basis, and in order to provide our Visitors, our Users and their Users-of-Users with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our Visitor’s and Users’ preferences and authenticated sessions, to better secure our Platform, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Platform and Services.
- Cookies: order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. By default, we use several persistent cookies for purposes of session and user authentication, security, keeping the User’s preferences (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Services. If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Platform or may otherwise adversely affect your user experience.
- Clear Gifs: We and certain Third Party Services may employ a software technology called “clear gifs” (a.k.a. Web Beacons/Web Bugs), which enables them and us to improve our Platform by measuring their effectiveness and performance. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies but are not stored on your device, instead being embedded within our Platform.
- Flash and HTML5: We and certain Third Party Services may also employ certain tracking technologies known as “Flash cookies” and “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies. Additional information about managing Flash cookies is available here. Please note this does not opt you out of receiving all advertising and that your opt-out will only be in relation to the specific advertising. You will continue to receive advertising for which you have not opted out.
- User Data Supplementation: We may receive information about you from other sources, including publicly available databases, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide services that may be of interest to you. Where we obtain your Personal Information from these third parties, we ensure that such parties are contractually committed to inform you that your Personal Information will be disclosed to us and we take steps to ensure the accuracy of your Personal Information before using it. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
- “Do Not Track” Signals: Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application.
9. Communications from GoHeavy
9.1. Promotional Messages
We may use your Personal Information to send you promotional content and messages by e-mail, text messages, direct text messages, marketing calls and similar forms of communication from GoHeavy or our partners (acting on GoHeavy’s behalf) through such means.
If you do not wish to receive such promotional messages or calls, you may notify GoHeavy at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.
We take steps to limit the promotional content we send you to a reasonable and proportionate level, and to send you information which we believe may be of interest or relevance to you, based on your information.
9.2. Service and Billing Messages
GoHeavy may also contact you with important information regarding our Services and Platform, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is unavailable, or if part of the Platform is temporarily suspended for maintenance; reply to your support requests or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming Services; or notify you of material changes in our Services or the Platform.
It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such Service and Billing Messages unless you are no longer a GoHeavy Visitor or User (which can be done by deactivating your account).
10. Updates and interpretation
Any heading, caption or section title contained herein, and any explanation or summary under the right “#MakingItEasy” paragraph, is provided only for convenience and just for clarity, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
11. Contacting us
You may also contact us by mail at:
GoHeavy Technologies, LLC, 550 Reserve St., Suite 190, Southlake, Texas 76092 or at www.goheavy.co.