Last
updated on March 21st, 2022
This privacy policy (the
“PRIVACY POLICY“) applies to your use of the website of TMSFirst
hosted at tms.one, the Services (as defined under the TMSFirst
“Terms of Use”) and TMSFirst applications on mobile
platforms (Android, Blackberry, Windows Phone, iOS etc.) (collectively
(“TMSFIRST” or “WEBSITE”)), but does not apply to any third party websites that
may be linked to them, or any relationships you may have with the businesses
listed on TMSFirst.
The terms “WE“, “OUR” and
“US” refer to TMSFirst and the terms “YOU“, “YOUR”
and “USER” refer to you, as a user of TMSFirst. The
term “PERSONAL INFORMATION” means information that you provide to us which
personally identifies you to be contacted or identified, such as your name,
phone number, email address, and any other data that is tied to such
information. Our practices and procedures in relation to the collection and use
of Personal Information have been set-out below in
order to ensure safe usage of the Website for you.
We have implemented reasonable security practices
and procedures that are commensurate with the information assets being
protected and with the nature of our business. While we try our best to provide
security that is better than the industry standards, because of the inherent
vulnerabilities of the internet, we cannot ensure or warrant complete security
of all information that is being transmitted to us by you. By visiting this
Website, you agree and acknowledge to be bound by this Privacy Policy and you
hereby consent that we will collect, use, process and share your Personal
Information in the manner set out herein below. If you do not agree with these
terms, do not use the Website.
It is clarified that the terms and conditions that
are provided separately, form an integral part of your use of this Website and
should be read in conjunction with this Privacy Policy.
Information we collect and how we use it
We collect, receive and
store your Personal Information. If you provide your third-party account
credentials (“THIRD PARTY ACCOUNT INFORMATION“) to us,
you understand that some content and information in those accounts may be
transmitted to your account with us if you authorise such transmissions and
that Third Party Account Information transmitted to us shall be covered by this
Privacy Policy. You may opt to not provide us with certain information, however
that will restrict you from registering with us or availing some of our
features and services.
We use commercially reasonable efforts to ensure
that the collection of Personal Information is limited to that which is
necessary to fulfill the purposes identified below.
If we use or plan to use your information in a manner different than the
purpose for which it is collected, then we will ask you for your consent prior
to such use.
The Personal Information collected will be used
only for the purpose of enabling you to use the services provided by us, to
help promote a safe service, calibrate consumer interest in our products and
services, inform you about online offers and updates, troubleshoot problems,
customize User experience, detect and protect us against error, fraud and other
criminal activity, collect money, enforce our terms and conditions, and as
otherwise described to you at the time of collection of such information.
Account information
If you create an account to take advantage of the
full range of services offered on TMSFirst, we ask
for and record Personal Information such as your name, email address and mobile
number. We may collect and store your Sensitive Personal Data or Information
(such as any financial information including inter alia credit card, debit card
details, bank account and know your customer (“KYC“)
documents as per RBI regulations and any other information as may be
applicable) that the User may opt to save in the User account created with TMSFirst]. We use your email address to send you updates,
news, and newsletters (if you willingly subscribe to the newsletter during
signup, or anytime after signup) and contact you on
behalf of other Users (such other Users who send you friend requests, personal
messages, or other social collaboration based events).
[If you do not want to receive communications from us that are not relevant to
you or your use of our services, please click on the unsubscribe link provided
at the bottom of such e-mails sent to you by us. We use your mobile numbers to
send you transaction alerts and SMS alerts based on your preferences. If you do
not wish to receive such SMSs from us, please notify us at tmsfirst.com/contact
to stop receiving SMSs from us. TMSFirst assures that
your Personal Information will not be made public or sold to any third party.
The User shall have an option to erase any
information provided by the User including Personal Information. If a User opts
for the said option of erasure, TMSFirst shall delete
all stored information of the User from its servers.
We also store customer information of customers
making payments through TMSFirst. However, only when
customer chooses to share the information on the businesses powered with TMSFirst applications we share the information to
respective businesses. However, TMSFirst is not
liable in any way for any misuse of this information by the business or people
related to the businesses to whom the information is shared by the customer.
Feedback
If you contact us to provide feedback, register a
complaint, or ask a question, we will record any Personal Information and other
content that you provide in your communication so that we can effectively
respond to your communication.
Activity
We record information relating to your use of TMSFirst, such as the searches you undertake, the pages you
view, your browser type, IP address, location, requested URL, referring URL, and
timestamp information. We use this type of information to administer TMSFirst and provide the highest possible level of security
and service to you. We also use this information in the aggregate to perform
statistical analyses of User behavior and characteristics
in order to measure interest in and use of the various
areas of TMSFirst. However, you cannot be identified
from this aggregate information.
We own all the intellectual property rights
associated with the Website and its contents. No right, title or interest in
any downloaded material is transferred to you as a result of
any such downloading or copying. The Website is protected by copyright as a
collective work and/ or compilation (meaning the collection, arrangement, and
assembly) of all the content on this Website, pursuant to applicable law.
Our logos, product and service marks and/ or names,
trademarks, copyrights and other intellectual property, whether registered or
not (“OUR IP“) are exclusively owned by us. Without
our prior written permission, you agree to not display and/ or use Our IP in
any manner. Nothing contained in this Website or the content, should be
construed as granting, in any way to the User, any license or right or interest
whatsoever, in and/ or to Our IP, without our express written permission.
Cookies
We send cookies to your computer in
order to uniquely identify your browser and improve the quality of our
service. The term “cookies” refers to small pieces of information that a
website sends to your computer’s hard drive while you are viewing the site. We
may use both session cookies (which expire once you close your browser) and
persistent cookies (which stay on your computer until you delete them).
Persistent cookies can be removed by following your browser help file
directions. If you choose to disable cookies, some areas of TMSFirst
may not work properly or at all. TMSFirst uses third
party tools, who may collect anonymous information about your visits to TMSFirst using cookies, and interaction with TMSFirst products and services. Such third parties may also
use information about your visits to TMSFirst
products and services and other web sites to target advertisements for TMSFirst’s products and services. No Personal Information
is collected or used in this process. These third parties do not know or have
access to the name, phone number, address, email address, or any Personal
Information about TMSFirst’s Users. TMSFirst Users can opt-out of sharing this information with
third parties by deactivating cookies, the process of which varies from browser
to browser. Please refer to the help file of your browser to understand the
process of deactivating cookies on your browser.
Mobile Apps (DNOW-TMS
& TMSfirst-eDispatch)
All the information mentioned below till the end of
this Section marked "End of Mobile policy Section" is applicable for
the Mobile Apps (DNOW-TMS & TMSfirst-eDispatch)
only.
Information We Collect
We may collect a variety of information from or
about you or your devices from various sources, as described below. If you do
not provide your information as requested, you may not be able to use our
Service if that information is necessary to provide our Service or we are
legally required to collect it.
Information You Provide to Us
Registration Information. When you receive an
invitation to download our mobile application, we ask for information such as
your phone number.
Communications. If you contact us directly, we may
receive additional information about you.
User Content. We may receive any content you upload
to the Service, such as photos, electronic signatures, or electronic files
associated with a shipment.
Information We Collect When You Use or Interact With Our Service
Location Information / Location Data. When you use our Service, including when our Service is running in the
foreground or the background, we receive your precise location information for
a 180 minute period leading up to your scheduled pickup time, for the duration
of the shipment, and for up to 1.5 hours after your scheduled drop-off time, so
that we can determine, for example, when a shipment will be delivered and
whether a shipment was delivered in a timely manner.
Information from Cookies and Similar Technologies. We and our third-party partners, such as advertising and analytics
partners, may collect information using cookies, pixels, and similar tracking
technologies. We may use both session cookies and persistent cookies. A session
cookie disappears after you close your browser. A persistent cookie remains
after you close your browser and may be used by your browser on subsequent
visits to the Service. Please review your web browser’s “Help” file to learn how to modify your
cookie settings. Please note that if you delete, or choose not to accept,
cookies on our Service, you may not be able to utilize the features of our
Service to their fullest potential.
Device Information. We automatically collect certain technical information about the
device you use to access our Service, including, for example, your IP address,
operating system version (e.g., iOS, Android), phone carrier and manufacturer,
push notification tokens, and device identifiers.
Usage Information. To help us
understand how you use our Service and improve the delivery process, we
automatically receive information about your interactions with our Service,
such as the pages you visit and the dates and times of your visit.
How We Use the Information We Collect
We use the information we collect from you in a number of ways, including:
To determine whether a shipment will be delivered
in a timely manner;
To determine the status of a shipment;
To verify the completion of a shipment;
To understand and analyze
how you use our Service and how to make it more effective;
To develop new products, services, features, and functionality;
To generate anonymized, aggregate data containing
de-identified, non-personal information related to shipments;
To communicate with you, either directly or through
one of our partners, including for driver service and support, to provide you
with updates and other information relating to our Service, and for
advertising, marketing, and promotional purposes;
To send you text messages and push notifications;
To find and prevent fraud;
For compliance purposes, including enforcing our
Terms and Conditions, or other legal rights, or as may be required by
applicable laws and regulations or requested by any judicial process or
governmental agency; and
For other purposes for which we provide specific
notice at the time the information is collected.
How We Share the Information We Collect
Affiliates. We may
share any information we receive with our affiliates for any of the purposes
described in this Privacy Policy.
Shippers and Carriers. We may share any information we receive with the shippers and carriers
who use the Service to facilitate deliveries.
Vendors and Service Providers. We may share any information we receive with vendors and service
providers retained in connection with the provision of our Service.
Marketing. We may
share information about you with third parties that is in aggregate or
de-identified form that cannot reasonably be used to identify you.
Analytics Partners. We use analytics services such as Google Analytics to collect and
process certain analytics data. These services may also collect information
regarding your use of other apps or online services. You can learn about
Google’s practices by going to https://www.google.com/policies/privacy/partners,
and opt-out of them by downloading the Google Analytics opt-out browser add-on,
available at https://tools.google.com/dlpage/gaoptout.
Advertising Partners. We work with third party advertising partners to show you ads that we
think may interest you. Some of our advertising partners may be members of the
Network Advertising Initiative (https://www.networkadvertising.org)
or Digital Advertising Alliance (https://www.digitaladvertisingalliance.org).
Please visit these organizations’ opt-out pages to
learn how to opt-out of receiving personalized ads.
As Required By Law and
Similar Disclosures. We may access, preserve, and disclose your
information if we believe doing so is required or appropriate to: (a) ensure
legal and regulatory compliance; (b) comply with law enforcement requests and
legal process, such as a court order or subpoena; © protect your, our or
others’ rights, property, or safety; or (d) respond to your requests.
Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors,
potential transactional partners, or other third parties in connection with the
consideration, negotiation, or completion of a corporate transaction in which
we are acquired by or merged with another company or
we sell, liquidate, or transfer all or a portion of our assets. The use of your
information following any of these events will be governed by the provisions of
this Privacy Policy in effect at the time the applicable information was
collected.
Consent. We may
also disclose your information with your permission.
Your Choices
Location Information. You can prevent your device from sharing precise location information
at any time through your device’s operating system settings. However, location
is core to our Service and without it, you will not be able to successfully use
our Service.
Third Parties
Our Service may contain links to other websites,
products, or services that we do not own or operate. We are not responsible for
the privacy practices of these third parties. Please be aware that this Privacy
Policy does not apply to your activities or any information you disclose to
these third parties.
Security
We are committed to protecting your information.
Even though we take reasonable precautions to protect your data, because our
Service is hosted electronically, we cannot guarantee the security or privacy
of your information.
Children’s Privacy
Our Service is not directed to minors under the age
of 18. You must be at least 18 years old to use our Service.
International Users
Our Service is hosted in the United States. If you
choose to use our Service from Mexico, Canada, or other regions of the world
with laws governing data collection and use that may differ from U.S. law,
please note that you are transferring your personal information outside of
those regions to the United States for storage and processing. Also, we may
transfer your data from the U.S. to other countries or regions in connection
with storage and processing of data, fulfilling your requests, and operating
our Service. By providing any information, including personal information, on
or to our Service, you consent to such transfer, storage, and processing.
Changes to this Privacy Policy
We will post any adjustments to the Privacy Policy
on this page, and the revised version will be effective when it is posted. If
we materially change the ways in which we use or share personal information
previously collected from you through our Service, we will notify you through
our Service or other communication.
This marks the end of End of Mobile policy Section
Enforcement
We may use the information we collect in connection
with your use of TMSFirst (including your Personal
Information) in order to investigate, enforce, and
apply our terms and conditions and Privacy Policy.
Transfer of information
We do not share your Personal Information with any
third party apart from financial institutions such as banks, RBI
or other regulatory agencies (as may be required) and to provide you with
services that we offer through TMSFirst, conduct
quality assurance testing, facilitate creation of accounts, provide technical
and customer support, or provide specific services, such as synchronization of
your contacts with other software applications, in accordance with your
instructions. These third parties are required not to use your Personal
Information other than to provide the services requested by you.
We may share your Personal Information with our
parent company, subsidiaries, joint ventures, or other companies under a common
control (collectively, the “AFFILIATES“) that we may
have now or in the future, in which case we will require them to honor this Privacy Policy. If another company acquires our
company or our assets, that company will possess your Personal Information, and
will assume the rights and obligations with respect to that information as
described in this Privacy Policy. We may disclose your Personal Information to
third parties in a good faith belief that such disclosure is reasonably
necessary to (a) take action regarding suspected illegal activities; (b)
enforce or apply our terms and conditions and Privacy Policy; (c) comply with
legal process, such as a search warrant, subpoena, statute, or court order; or
(d) protect our rights, reputation, and property, or that of our Users,
Affiliates, or the public. Please note that we are not required to question or
contest the validity of any search warrant, subpoena
or other similar governmental request that we receive.
We may disclose information in the aggregate to
third parties relating to User behavior in connection
with actual or prospective business relationship with those third parties, such
as advertisers and content distributors. For example, we may disclose the
number of Users that have been exposed to, or clicked on, advertising banners.
Links
References on this Website to any names, marks, products or services of third parties or hyperlinks to third
party websites or information are provided solely for your convenience and do
not in any way constitute or imply our endorsement, sponsorship or recommendation
of the third party, information, product or service. Except as set forth
herein, we do not share your Personal Information with those third parties, and are not responsible for their privacy
practices. We suggest you read the privacy policies on all such third party websites.
User access of Personal Information
As a registered TMSFirst
User, you can modify some of your Personal Information and your privacy
preferences by accessing the “Account” section of this Website.
Your account is password
protected. We use industry standard measures to protect the Personal
Information that is stored in our database. We limit the access to your
Personal Information to those employees and contractors who need access to
perform their job function, such as our customer service personnel. If you have
any questions about the security on TMSFirst, please
contact us at disclosures@tmsfirst.com.
You
hereby acknowledge that TMSFirst is not responsible
for any intercepted information sent via the internet, and you hereby release us
from any and all claims arising out of or related to
the use of intercepted information in any unauthorized manner.
Terms
and modifications to this Privacy Policy
Our
Privacy Policy is subject to change at any time without notice. To make sure
you are aware of any changes, please review this policy periodically. These
changes will be effective immediately on the Users of TMSFirst.
Please note that at all times you are responsible for
updating your Personal Information, including to provide us with your most
current e-mail address.
If
you do not wish to permit changes in our use of your Personal Information, you
must notify us promptly that you wish to deactivate your account with us.
Continued use of TMSFirst after any change/ amendment
to this Privacy Policy shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
Applicable
law
Your
use of this Website will be governed by and construed in accordance with the
laws of India. The Users agree that any legal action or proceedings arising out
of your use may be brought exclusively in the competent courts/ tribunals
having jurisdiction in Hyderabad in India and irrevocably submit themselves to
the jurisdiction of such courts/ tribunals.