Our Privacy Policy

Your privacy is important to Drivewyze Inc. (“Drivewyze”). This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Our Policy

This policy applies to information collected by Drivewyze service centers, our suppliers, authorized resellers, as well as by our website, www.drivewyze.com . The questions and answers below cover the type of information we collect from you, how we protect your information, how we use your information, and what choices you have about how we use your information.

We reserve the right to modify, alter or otherwise update this policy at any time, so we encourage you to check back periodically so that you are always aware of our most current policies regarding your privacy. The policy date above will change on the date any policy changes are made.

Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person, and includes such things as name, age, gender, educational background and performance, occupation, contact information, financial information and other information which can be linked to an individual’s identity. It does not apply to the information of non-individuals, such as corporations and other business entities and, generally speaking, to business contact information of individuals.

You may be asked to provide your personal information anytime you are in contact with Drivewyze or one of its affiliates or resellers. Drivewyze and its affiliates, suppliers and resellers may share this personal information with each other and use it consistent with this Privacy Policy. Drivewyze and its affiliates, suppliers and resellers may also combine it with other information to provide and improve their products, services, content, and advertising.

Here are some examples of the types of personal information Drivewyze may collect and how they may use it.

What personal information we collect?

When you create a Drivewyze Account, register your vehicle(s), apply for credit, subscribe to a service or purchase a product, download a software update, or participate in an online survey, we may collect a variety of information, including, but not limited to, your name, mailing address, phone number, email address, contact preferences, credit card information, financial information, and information collected in providing services, including but not limited to location, vehicle information, and driver information.

How we use your personal information?

The personal information we collect allows us to keep you posted on Drivewyze’s latest product and service announcements, software updates, and upcoming events. It also helps us to improve our products, services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.

We may disclose your personal information, including credit card information, to third party suppliers that enable Drivewyze to provide its products and services, including but not limited to third party billing services.

We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.

From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Drivewyze, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Drivewyze’s products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose.

We also may collect information regarding anonymous or aggregated customer activities on our website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

Drivewyze’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers or information collected by cookies are considered personal information by applicable law, we also treat these identifiers or information as personal information in accordance with this Privacy Policy. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Drivewyze and its partners may use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns.

Drivewyze and our partners also use cookies and other technologies to collect and retain your personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Drivewyze more convenient and personal. Knowing your contact information, product serial numbers, and information about your computer or device helps us register your products, personalize your operating system, and provide you with better customer service.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Drivewyze may use this information in our marketing and advertising services, and to improve Drivewyze’s products and services.

In some of our email messages, we use a “click-through URL” linked to content on the Drivewyze website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

At times Drivewyze may make certain personal information available to third parties that work with Drivewyze to provide products and services, or that help Drivewyze market to customers. If you are approved for service, your account will be governed by Drivewyze and its carrier’s respective privacy policies. Personal information will not be shared with third parties for their marketing purposes or business purposes unrelated to assisting Drivewyze in providing you products and services.

Service Providers

Drivewyze shares personal information with companies who may use such personal information to  provide products and services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Drivewyze operates.

Others

Drivewyze will disclose your personal information to government agencies in order to provide Drivewyze products and services. Drivewyze may also disclose your information where required by applicable law or legal process, or orders of government agencies with authority to do so.

Driveway may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our rights or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party, who shall remain entitled to collect, use and disclose such personal information in accordance with this privacy policy.

Protection of Personal Information

Drivewyze takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

Drivewyze online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet. Yes

When you use some Drivewyze products, services, or applications or post on a Drivewyze forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information

Drivewyze makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and in accordance with Drivewyze’s internal policies as may be changed from time to time, unless a longer retention period is required or permitted by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://login.Drivewyze.com/. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Drivewyze is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

Location-Based Services

To provide location-based services on Drivewyze products and services, Drivewyze and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your device used to access the Drivewyze service. This location data is collected and is used by Drivewyze and our partners and licensees to provide and improve Drivewyze services. Location-based services offered by Drivewyze require your personal information for the feature to work.

Third-Party Sites and Services

Drivewyze websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. These links are provided as a convenience only and such third-party websites, products, and services are not under the control of Drivewyze. Drivewyze does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third-party websites, products, and services.   Any use of third-party websites, products, and services is at your own risk.

Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Drivewyze employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about Drivewyze’s Privacy Policy or data processing, please contact Drivewyze’s Privacy officer at privacy@drivewyze.com.  Drivewyze may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

Last updated 1/24/13
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Drivewyze Service Agreement

This Drivewyze Inc. (?Drivewyze?) Service Agreement (?Agreement?) authorizes Customers and Drivers to access and use Services solely in accordance with the terms and conditions of this Agreement.

  1. EFFECTIVE DATE: This Agreement shall not be effective until Drivewyze receives all required application information and Drivewyze accepts Customer?s application. Customer?s rights under this Agreement and rights to use the Services are subject to Customer?s compliance with all applicable laws and the terms and conditions of this Agreement.
  2. DEFINTITIONS. ?Customer? means either an approved motor carrier that has Drivers who have downloaded Software where such carrier has subscribed to Services, or individual Drivers who have downloaded Software and subscribed to Services. ?Driver? means either an individual vehicle driver that is also a Customer, or those vehicle drivers authorized by a Customer to drive under such Customer?s DOT number. ?License Agreement? means the license agreement entered into by a Customer or Driver when downloading the Software. ?Services? means the provision of access to and the right to use the functionality and services included as part of Drivewyze?s programs, as described at www.drivewyze.com, and support for use of the Software and Services as set out in Drivewyze?s Support Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference. ?Service Sites? means federal, state or provincial sites, including but not limited to open weigh stations, ports-of-entry, temporary inspection sites, mobile inspection sites, agricultural interdiction facilities, and other sites monitored by government agencies at which the Services may be utilized. ?Software? means Drivewyze software downloaded by the Customer or a Driver for use pursuant to the License Agreement.
  1. CUSTOMER OBLIGATIONS: Customer agrees, and where Customer is not an individual Driver, shall cause its Drivers to agree :

a. To authorize Drivewyze to acquire and periodically reconfirm information from government agencies, leasing companies, and/or third party credential processors concerning registration, permits, licenses, inspections, taxes and any other credentials, including but not limited to all carrier, vehicle and driver information required to support bypass services. Customer authorizes, and shall ensure each of its Drivers authorizes, Drivewyze to collect, disclose and use such information, and Customer on behalf of itself and its Drivers authorizes government agencies and other entities to release without restriction or liability all such information to Drivewyze.

b. To authorize Drivewyze to submit Customer?s carrier, vehicle, and Driver information to participating government agencies for use in providing Services.

c. To obtain permission from the lessor to electronically screen the vehicle credentials when the Customer is leasing a vehicle in which Software has been downloaded to a device.

d. To use the lanes designated as Drivewyze Service Site lanes, where available, when approaching a Drivewyze Service Site.

e. To obey all applicable federal, state and provincial laws and regulations, including those governing eligibility for bypass at Drivewyze Service Sites, including criteria regarding vehicle configuration, content and weight. The approved users will be signaled when authorized to bypass by either/or both an audible beep and visual ?Bypass? message and a green light, approximately one mile in advance of the Service Site. Absent this bypass authorization, the user will receive either/or both an audible beep and a visual red light, and possibly either a “Follow Road Signs” message or a ?Follow Transponder? message, depending on their device of usage. Customer agrees to follow the posted signage and/or directions of law enforcement in the event of a red light and/or a ?Follow Road Signs? message. Customer agrees to defer driving decision to signals received from in-cab transponder in the event of a ?Follow Transponder? message, where applicable.

f. That Customer and its Drivers may utilize the Software and Services with another transponder in the vehicle, but must notify Drivewyze of transponder program identification at registration or at time of alternate transponder activation. This notification allows Drivewyze to configure application to defer in-cab signaling priority to transponder with ?Follow Transponder? message at applicable transponder program sites. Customer agrees in the event of any conflicting messages/signals between the Software or Services and another in-cab transponder, to follow road signs and report to inspection site. Customer must notify Drivewyze of any message conflicts between the Software or Services and an alternate in-cab transponder so that they can be resolved in the Drivewyze system.

g. To pay such service charges as are established by Drivewyze for each vehicle registered, and all applicable taxes. The Customer shall be responsible to pay all taxes and government charges attributable to the purchase, licensing or use of the Services or Software.

h. To pay all invoices including Drivewyze fees within thirty (30) days of receipt, or as otherwise provided in this Agreement. Any balance outstanding over 30 days is delinquent and can result in suspension by Drivewyze of the Customer?s use of the Software and Services and, to the extent permitted by applicable law, is subject to interest equal to prime rate + 2% per month (based on the prime rate published by the Wall Street Journal on the date such amount became outstanding), and any discounts offered will be void. After two delinquencies in any calendar year, Drivewyze may require Customer to establish electronic means of payment.

i. To review invoices promptly and notify Drivewyze if there are any questions regarding Customer?s charges. If Drivewyze is not notified in writing within thirty (30) days of invoice date, all charges will be deemed to have been accepted by Customer.

j. To pay a $25.00 US charge for each invalid check or payment Customer?s bank returns.

k. To report in a timely manner changes relevant to Customer?s Drivewyze account, including company name or ownership, mailing address, telephone number, vehicles enrolled in Drivewyze, license plate numbers, any and all change of credentials, applicable credit card numbers and expiration date, and other account information. The Customer shall keep Drivewyze updated with all information regarding all vehicles permitted to drive under the Customer?s Department of Transportation (?DOT?) number. In the event that a vehicle is no longer approved to drive under the Customer?s DOT number, Customer must remove said vehicle from their list of registered vehicles with Drivewyze. The Customer shall immediately inform Drivewyze if a Driver is driving under a different DOT number, and to provide evidence from the owner of such DOT number that the Driver is entitled to drive under such DOT number

l. Not to use the Software or Services in any vehicle other than an approved vehicle registered with Drivewyze.

m. Not to access or attempt to access any other Drivewyze systems, programs or data that are not made available for public use.

n. Not to copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Drivewyze website, except as authorized in writing by Drivewyze.

o. Not to rent, sell, lease, lend, redistribute or sublicense the Software or permit any third party to benefit from the use or functionality of the Software or, Services via a rental, lease, timesharing, service bureau, or other arrangement.

p. Not to use the Software or Services on any compatible device that Customer does not own or control.

q. Not to assign, sublicense or otherwise transfer any of the rights granted to Customer under this Agreement.

r. Not to copy (except as expressly permitted by this Agreement or the License Agreement), modify, or create derivative works of the Software or Services.

s. Not to work around any technical limitations in the Software or Services, or use any tool to enable features or functionalities that are otherwise disabled in the Software or Services, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or by licenses with respect to open source software included with the Software.

t. Not to perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Drivewyze’s other licensees or customers, or impose an unreasonable or disproportionately large load on Drivewyze’s infrastructure.

u. Not to otherwise use the Software or Services except as expressly allowed under this Agreement.

  1. DRIVEWYZE OBLIGATIONS: Drivewyze agrees:

a. To authorize Customer vehicles to receive and use the Services at participating Service Sites subject to continued compliance with eligibility requirements required by Drivewyze or applicable governmental authorities.

b. To assess fees for each account based on the number of vehicles registered with Drivewyze and the service tier utilized by each vehicle found at www.drivewyze.com (?Pricing Schedule?) which is incorporated by reference in to this Agreement.

c. That fees and other charges for Services, are billed one month in arrears in accordance with the Pricing Schedule, except for prepay Customers.

d. To provide Customer service and account information in at least one of two ways:

1) by telephone at 1-888-988-1590

2) through online access at www.drivewyze.com

  1. NO BYPASS GUARANTEE: Drivewyze does not guarantee, represent or warrant that legally operating vehicles will be allowed to bypass a participating facility. Bypass criteria are determined by the law enforcement agencies of each participating state/provincial jurisdiction. In general, the better a carrier/vehicle/driver safety history and conformance with credentials requirements, the higher the bypass rate. Random pull-ins are a standard feature of the Services and of government agency and law enforcement efforts, and each site has the option to require all vehicles to pull-in for special enforcement efforts. Drivewyze is not and cannot be responsible for the actions of any law enforcement agency.
  1. CANCELLATION: Customer may terminate this Agreement and discontinue Customer?s access to Services by informing Drivewyze in writing or via client web portal. Drivewyze may immediately terminate this Agreement or suspend or cancel Customer?s participation in Drivewyze if a Customer fails to continue to meet program eligibility requirements, or is in breach of a material term of this Agreement. Drivewyze may terminate this Agreement and Customer?s access to and use of the Services at any time for any reason by providing thirty (30) days notice to Customer. Drivewyze will not refund amounts less than $25.00US unless requested by Customer, nor if the account has been placed with collections.
  1. RELEASE & INDEMNITY: Customer hereby releases Drivewyze from all loss, damage or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or receipt of Software or Services by Customer or any of its Drivers. Customer shall defend, indemnify and hold Drivewyze and its affiliates harmless from and against any and all claims, losses, liability costs and expenses (including attorneys’ fees) arising from: (i) any violation of this Agreement, the License Agreement, or of any state, provincial or federal laws or regulations, by Customer, or by Customer?s users or Drivers; (ii) any use of the Software or Services by Customer or its users or Drivers, including any death, injury or property damage resulting from any such use; (iii) any tickets, infractions, penalties or accidents arising from any use of vehicles by Customer or its affiliates, or their Drivers; (iv) any infringement or misappropriation of a third party’s copyrights, patents, trade secrets or other intellectual property rights, or any violation of any proprietary right or invasion of any privacy rights; (v) any Data (as defined below) or any failure by Customer to obtain consents from Drivers, or to cause Drivers to consent for the collection, use and disclosure of Data, or other information or data in accordance with this Agreement; or (vi) any failure by Customer to pay or remit applicable taxes or charges in accordance with this Agreement.
  1. DISCLAIMER: CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE AND SERVICES IS AT CUSTOMER?S SOLE RISK. THE Software AND Services ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Software OR Services, INCLUDING THOSE OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DRIVEWYZE DOES NOT WARRANT OR REPRESENT THAT THE Software AND Services ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER SOFTWARE OR SERVICE LIMITATIONS, THAT DEFECTS IN THE Software OR Services WILL BE CORRECTED, OR THAT THE SoftwareAND Services WILL MEET CUSTOMER?S REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES OR REPRESENATIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE Software, OR Services, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  1. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DRIVEWYZE AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE Software AND Services GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRIVEWYZE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRIVEWYZE AND CUSTOMER. DRIVEWYZE WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER AND ITS DRIVERS AND USERS SHALL BE RESPONSIBLE FOR ALL LIABILITIES ARISING FROM ITS USE OF THE SOFTWARE AND SERVICES, INCLUDING ANY TICKETS, INFRACTIONS, PENALTIES OR ACCIDENTS ARISING FROM ANY USE OF VEHICLES BY CUSTOMER OR ITS DRIVERS OR USERS.
  1. CHANGES TO AGREEMENT: Drivewyze shall have the right, in its sole discretion and with reasonable notice posted on the Drivewyze website, www.drivewyze.com, and/or sent to Customer?s email address provided in registering for the Service, to revise, update, or otherwise modify the Services or Software and establish or change limits concerning use of the Software or Services, temporarily or permanently. Drivewyze reserves the right to make any such changes effective immediately to maintain the security of the system or Customer?s information or to comply with any laws or regulations, and to provide Customer with electronic or written notice within thirty (30) days after such change. Customer may reject changes by discontinuing use of the Software and Services to which such changes relate, or if an update to the Software is provided, by rejecting the downloading of such update. Drivewyze reserves the right to terminate this Agreement by providing thirty (30) days written notice at any time if Customer rejects such update. Customer?s continued use of the Software and Services, or downloading of an update will constitute Customer’s agreement to such changes. Drivewyze may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Drivewyze will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Drivewyze may update Customer?s status under different tiers of Service at any time by providing notice to Customer.
  1. DATA PRIVACY:

a. Drivewyze shall collect, use and disclose information concerning the Customer, its account, and its use of the Software and Services solely for the purpose of offering, maintaining and improving the Software and Services, or as otherwise permitted in this Agreement, all in accordance with Drivewyze?s Privacy Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference.

b. Customer agrees to allow Drivewyze to provide information required as part of the Services to any and all government agencies responsible for commercial vehicle law enforcement.

c. Registration Data: Customer must register to use the Software and Services other than in Demo Mode. Customer must provide true, accurate, current and complete information as prompted by the interview sign-up process (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If Customer provides any Registration Data that is inaccurate, not current or incomplete, or Drivewyze has reasonable grounds to suspect is inaccurate, not current or incomplete, Drivewyze may, in its sole discretion, suspend or terminate Customer?s account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).

d. Customer Access Information: ?Customer Access Information? means Customer?s access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by Customer to access the Software, Services and Customer?s financial institution accounts. Customer is solely responsible for: (i) maintaining the confidentiality and security of Customer Access Information. Customer will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Customer Access Information. Drivewyze assumes that any Communications it receives through use of the Customer Access Information were sent or authorized by Customer. Customer agrees to immediately notify Drivewyze if Customer becomes aware of any loss, theft or unauthorized use of any Customer Access Information. Drivewyze reserves the right to deny Customer access to the Software or Services (or any part thereof) if Drivewyze reasonably believes that any loss, theft or unauthorized use of Customer Access Information has occurred. Customer must inform Drivewyze of, and hereby grants to Drivewyze permission to use, Customer Access Information to enable Drivewyze to provide the Services to Customer, including updating and maintaining Event Data, addressing errors or service interruptions, and to enhance the types of data and services Drivewyze may provide to Customer in the future.

e. Event Data: ?Event Data? means information, files or data that is collected and stored in using the Software or Services, including user name, password information, vehicle information, location , device platform, Software version, network provider. Customer shall prevent unauthorized access to or use of the Event Data. Customer authorizes Drivewyze to collect and use the Event Data, and to combine Customer?s Event Data with that of others in a way that does not identify Customer or any individual personally, to improve services and to compare spending practices with others with similar spending habits. ?Data? means Registration Data, Customer Access Data, and Event Data.

f. Customer agrees to allow Drivewyze to report information about Customer?s account to credit bureaus and to search Customer?s credit rating and history with credit bureaus. Late payments, missed payments, or other defaults on Customer?s account may be reflected in Customer?s credit report.

g. Customer agrees to allow Drivewyze to use Customer?s data that is not personal information for its own purposes including the use of producing anonymous data for use in related services.

h. Customer agrees to allow Drivewyze to include Customer in a national bypass rate information services that will include only carrier names and effective bypass rates calculated for each participating jurisdiction and averaged nation-wide. Customer will be given access to their specific bypass rate.

  1. COMMUNICATIONS:

Direct all correspondence and questions to:

support@drivewyze.com

  1. CONFIDENTIALITY:

Customer shall not disclose to any third party any item or information provided by Drivewyze to Customer that is marked CONFIDENTIAL. Drivewyze shall not disclose to any third party any information collected from Customer, nor any report generated by Drivewyze for the benefit of Customer, except as necessary to fulfill its obligations under this Agreement, comply with applicable law or as otherwise described in this Agreement or the Privacy Policy.

  1. GENERAL:

This Agreement and documents referenced in this Agreement constitutes the entire understanding of the parties concerning the subject matter of this Agreement and supersedes all prior written or oral understandings. No delay or failure by Drivewyze to exercise any right under this Agreement, and no partial or single exercise of that right, nor acceptance of a partial payment, or the waiver of condemnation of any breach or default, shall constitute a waiver of that or any other right, unless otherwise expressly provided. The suppliers, agents, employees, distributors, and dealers of Drivewyze are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Drivewyze. Any waiver of the terms herein by Drivewyze must be in writing and signed by an authorized officer of Drivewyze and expressly reference the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods is disclaimed by the parties does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in the State of Delaware or federal court for the District of Delaware. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Notices under this Agreement may be sent via email to Drivewyze to following email address support@drivewyze.com and to the Customer at the email address provided by Customer when registering for the use of the Services.

last updated 7/31/12