Thank you for choosing Fleetistics for fleet management services. We appreciate the opportunity to provide products and services which can help your business grow and improve profitability. With great data, better insights can be generated to help you see your fleet operations in a new light. You can find opportunities to reduce expenses as well as ways to generate additional revenue. Mastering the GPS tracking and telematics data will open doors never before possible.

Fleetistics takes data management and security seriously. We invest heavily on an annual basis to provide safe and secure data management on behalf of our customers. As service changes, so does our methods of data management. Therefore, the in Terms of Use and Privacy Policy may change without notice. It is important to check the policy if you have concerns about data management.

TERMS OF USE

BY USING THE SERVICE (DEFINED BELOW), YOU AGREE (A) THAT ENGLISH LAW GOVERNS YOUR USE OF THE SERVICE IF YOU ARE A RESIDENT OF ANY JURISDICTION OTHER THAN THE UNITED STATES OR CANADA; (B) THAT FLORIDA LAW GOVERNS YOUR USE OF THE SERVICE IF YOU ARE A RESIDENT OF THE UNITED STATES OR CANADA; AND (C) TO THE TERMS REGARDING GOVERNING LAW AND VENUE SET FORTH IN SECTION 12 OF THE GENERAL TERMS (DEFINED BELOW) REGARDING RESOLUTION OF DISPUTES.

  1. Acceptance of Iler Group, Inc. Terms of Use.

Your use of the Service(s) (as defined below) is subject to these Additional Terms, which
supplement the LoginGPS.com Terms of Service (“General Terms”) located at http://www.ilergroup.com/terms. The General Terms are incorporated herein by reference. By clicking to accept this Agreement (as defined below) or by using the Service, you agree to be bound by the terms of this Agreement and Section 20 of the General Terms regarding the resolution of disputes. Iler Group, Inc. (“Iler Group, Inc.”) reserves the right to update and change, from time to time, these Additional Terms, the General Terms, and all other documents incorporated by reference. If any future changes to this Agreement (as defined below) are unacceptable to you, (a) you should refuse to accept any updated terms proposed to you by Iler Group, Inc.; (b) you must discontinue using the Services; and (c) you may terminate this Agreement in accordance with Section 5 (Term and Termination). You can always find the most recent version of these Additional Terms at http://www.ilergroup.com/terms and the most recent version of the General Terms at the URL indicated above. Capitalized terms used in these Additional Terms shall be defined as set forth in the General Terms or in these Additional Terms. In the event of any inconsistency between these Additional Terms and the General Terms, these Additional Terms shall control with respect to the Web Service.

  1. Definitions.

“Iler Group, Inc. Online Privacy Policy” means the Iler Group, Inc. Online Privacy Policy,
which is located at http://www.ilergroup.com/privacy or any successor Web site thereto.

“Agreement” means these Additional Terms, the General Terms, and the Iler Group, Inc.
Online Privacy Policy.

“Content” means all proprietary video, materials and documents, and any other information
or materials uploaded by Iler Group, Inc. in connection with the use of the Service.

“Information” means personally identifiable information.

“Participant” means a third party who interacts with the Services as a result of such party’s
relationship with or connection to you.

“Service(s)” means, individually and collectively, an Iler Group, Inc. hosted application(s)
made available by or on Acrobat.com.

  1. Use of the Services.

3.1 Your Agreement. Your assent to this Agreement allows you to use one or more of the
Services. This Agreement is enforceable against you and, if applicable, to a particular
Service, any legal entity on whose behalf the Service is used. Iler Group, Inc. may
discontinue or add new Services, aspects, or features to certain Services (“Features”) from
time to time at its sole discretion. If new or amended terms for such new Services or
Features are presented to you by Iler Group, Inc., you are not entitled to use any Services
or Features unless you agree to such new or amended terms. In addition, changes to the
Iler Group, Inc. Online Privacy Policy and the General Terms may also occur from time to
time, and changes will be communicated via the LoginGPS.com Web site.

3.2 Authority to Use Services. You represent and warrant that you have all necessary right,
power and authority to enter into this Agreement and to perform the acts required of you
hereunder, including having a valid license to use the software applications that generate
Content, and the right to maintain Content and your Information or the Information of
Participants on the Services. Otherwise, you are not permitted to maintain Content or such
Information on the Services.

3.3 Access to Services. You acknowledge that your ability to access the Services may
require the payment of third party fees (such as telephone toll charges, ISP, or airtime
charges) and that you are responsible for paying such fees. Iler Group, Inc. is not
responsible for any equipment you may need to be able to access the Services. The
Services may not be available in all languages.

3.4 Individual Use. Notwithstanding anything set forth in this Agreement to the contrary
(except as set forth in Section 9.4.2 (Group Use)), Iler Group, Inc. makes the Services
available to you only for your individual use (including personal use and business use that
directly benefits you individually). You are responsible for all activity occurring under your
Account Information (as defined in the General Terms), and you must keep your Account
Information confidential and not share your Account Information with other individuals or
third parties.

3.5 Your Confidential Information. If you maintain confidential information, trade secrets, or
other sensitive information (such as Information) on the Services, you are solely responsible
for implementing safeguards for such information that are additional to the security
measures the Services provide (as set forth in the LoginGPS.com security statement).

3.6 Limitations. Iler Group, Inc. retains the right to create reasonable limits on your use of
the Services, including but not limited to limits on files accessed, frequency of access,
method of retrieving data processing capacity, time frames for retention of Content, and
similar limitations described in the Web pages accompanying the Service and as otherwise
determined by Iler Group, Inc. in its sole discretion. If applicable, such limitations may be
associated with your Services subscription level.

  1. License to Use the Services.
    Subject to your compliance with the terms and conditions of this Agreement, Iler Group,
    Inc. grants to you a non-exclusive, non-transferable, revocable right to access and use the
    Services. You shall not alter or remove any Marks or Iler Group, Inc. or LoginGPS.com
    copyright notices included in the Service.
  2. Term and Termination.

5.1 This Agreement will continue to apply until terminated by either you or Iler Group, Inc.
as set forth in the General Terms or the Terms and Conditions found on the sales
agreement. In addition to the reasons Iler Group, Inc. may terminate this Agreement with
you as set forth in the General Terms, Iler Group, Inc. may terminate this Agreement if your
Services account is used by any third parties.

5.2 Upon expiration or termination of this Agreement, you shall promptly discontinue use of
the Services. However, in addition to the sections set forth in Section 13(f) of the General
Terms, the following sections of these Additional Terms shall survive any expiration or
termination of this Agreement: 1, 3.2, 5.2, 6–8, 9.7.2.1 (Subscription Fees) (solely to the
extent any Subscription Fees are due and owing), and 10–12.

  1. Iler Group, Inc. Access to Content.
    You acknowledge that the Services are automated (e.g., Content is uploaded using software
    tools) and that Iler Group, Inc. personnel will not access, view, or listen to any Content,
    except as reasonably necessary to perform the Services, including but not limited to the
    following: (a) respond to support and training requests; (b) detect, prevent, or otherwise
    address fraud, security, or technical issues; (c) provide customer feedback on fleet
    performance; (d) as deemed necessary or advisable by Iler Group, Inc. in good faith to
    conform to legal requirements or comply with legal process; or (d) enforce this Agreement,
    including investigation of potential violations hereof, as further described in Section 7
    (Investigations) of the General Terms.
  2. Conduct.

7.1 Use Restrictions. In addition to the restrictions set forth in the General Terms, in
connection with your access or use of the Services, you agree not to:

(a) offer hosting services, on a subscription basis or otherwise, the Services, including any related application, (i) to permit a third party not under a standard service contract to use the Services to create, use, view, transmit, or protect any content (b) disclose, harvest, or otherwise collect Information, including e-mail addresses, or other private information or Information about any third party (including Participants) without that party’s express consent; (c) sell, lease, or rent access to or use of the Services, or otherwise transfer any rights to use the Services under this Agreement (including without limitation, on a timeshare or service bureau basis); or (d) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  1. Privacy.

8.1 Terms. The terms of the Iler Group, Inc. Online Privacy Policy and the terms of this
Section 8 (Privacy) govern Iler Group, Inc.’s collection and use of Information in connection
with the Services. If there is any conflict between the terms of the Iler Group, Inc. Online
Privacy Policy and this Section 8 (Privacy), the terms of this Section 8 (Privacy) shall
control.

8.2 Non-U.S. Residents. You agree and acknowledge that your Information collected
through the Services or in connection with the Services is collected on behalf of Iler Group,
Inc. and may be transferred across national boundaries and stored and processed in any of
the countries around the world in which Iler Group, Inc. maintains offices, including the
United States.

8.3 Types of Information Collected. In addition to the types of Information set forth
elsewhere in this Section 8 (Privacy) and in the Iler Group, Inc. Online Privacy Policy, Iler
Group, Inc. may collect certain information regarding your use of the Services, such as the
name of the Internet service provider and the Internet Protocol address through which you
access the Internet; the time you access the Services; and the Internet address of any
referring Web site and the Internet address of the Web site or the name, version number,
and language preference of the software product from which you linked directly to the
Services. Iler Group, Inc. may collect other non-personally identifiable information and
Information from you regarding your use of the Services such as the features you utilize
within the Services. Iler Group, Inc. uses the information referenced in this Section 8.3
(Types of Information Collected) to support and improve the Services, to prevent abuse, to
comply with any law enforcement requests, to provide support to you, and, if you have
opted-in to receive communications from Iler Group, Inc., to send to you communications
about Iler Group, Inc. and its products and services.
8.4 Storage and Use of Information. Iler Group, Inc. stores your Information (including
information described in Section 8.3 (Types of Information Collected)), Content, and the
Information of Participants in accordance with Iler Group, Inc.’s then-current storage
policies. If you have concerns about such storage policies, please contact:
contact@logingps.com. Iler Group, Inc. may delete, as applicable, all or portions of your
Information or Information of Participants upon termination of this Agreement.

8.5 Security. Iler Group, Inc. has implemented technical safeguards and procedures to help
protect communications with the Services including communication of Content and
Information. In addition, Iler Group, Inc. will only disclose Content and Information in
accordance with instructions provided by you through use of the Services and as otherwise
provided in the Iler Group, Inc. Online Privacy Policy or the General Terms, as applicable.
Iler Group, Inc. shall make commercially reasonable efforts to block the uploading of
Content to the Services that contains viruses detected by using industry standard virus
detection software. For more information on the security measures Iler Group, Inc. has
implemented with respect to the Services, please see the Iler Group, Inc. security
statement.

8.6 Communications from Iler Group, Inc.. Notwithstanding any communications
preferences indicated by you, Iler Group, Inc. may send to you service-related e-mails
regarding service maintenance events or modifications to the functionality or delivery of the
Services.

8.7 Information of Participants.

8.7.1 Your Responsibilities Regarding Information of Participants. As between Iler Group, Inc. and you, you shall have sole responsibility for any and all Information of Participants used and submitted in connection with the Services, and Iler Group, Inc. shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to Information of Participants and your Customers. You shall obtain and maintain consent from Participants (a) to your access, use, or disclosure of Information of Participants; and (b) to Iler Group, Inc. providing the tools for you to perform the actions described herein. You shall obtain any authorizations from Participants required to enable Iler Group, Inc. to provide the Services. You shall defend, indemnify, and hold harmless Iler Group, Inc. from any claim, suit or proceeding brought against Iler Group, Inc. by a Participant in connection with any acts or omissions with regards to such Information of Participants.
8.7.2 Sensitive Information of Participants. In addition to your responsibilities set forth in Section 8.7.1 (Your Responsibilities Regarding Information of Participants), you specifically acknowledge and agree:

(a) you are solely responsible for compliance with the Children’s Online Privacy Protection Act of 1998, including but not limited to, obtaining parental consent for the collection and use of Information from people under the age of thirteen (13) in connection with use of the Service by you and Participants;

(b) Iler Group, Inc. (i) is not acting on your behalf as a Business Associate or subcontractor as such terms are used, defined, or described in the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented, (“HIPAA”) when providing and making available the Services to you; and (ii) solely complies with the privacy and security terms described in this Agreement;

(c) you are solely responsible for compliance with HIPAA in connection with Protected Health Information (as such term is defined in HIPAA, the Health Information Technology for Economic and Clinical Health (“HITECH”) provisions of the American Recovery and Reinvestment Act of 2009, and regulations promulgated thereunder, as each may be amended from time to time) obtained or used in connection with use of the Service by you and Participants; and

(d) you are solely responsible for Participants compliance with any data protection and
privacy laws and rules applicable to other sensitive information, including but not limited to social security numbers, credit card numbers, employee data, customer data, drivers license numbers, and bank account information, obtained or used in connection with use of the Service by you and Participants.

8.7.3 Emails to Participants. E-mails related to the Services are generally sent to
Participants by you and not by Iler Group, Inc. As a result, even though certain Participants may have opted-out from receiving communications from Iler Group, Inc., such Participants may receive certain Service-related e-mails sent by you. In addition, if applicable, Iler Group, Inc. may send e-mails to Participants in your name as your agent, at your request, and on your behalf. You are solely responsible for such e-mails and the contents thereof.

  1. Service Specific Terms.

The terms in this Section 9 (Service Specific Terms) apply only to the specific Services,
offerings, or Iler Group, Inc. software and services, as applicable, set forth below.
Notwithstanding anything to the contrary herein, in the event of a conflict between the
terms of this Section 9 (Service Specific Terms) and any other terms and conditions of the
Agreement, the terms of this Section 9 (Service Specific Terms) shall govern, but only to
the extent of such conflict.

9.1 Iler Group, Inc. ConnectNow. You may create a unique URL to access the online portion
of the Iler Group, Inc. ConnectNow service (“ConnectNow”). Iler Group, Inc. may require
you to change the name of such URL in Iler Group, Inc.’s sole discretion.

9.2 Iler Group, Inc. Web Services. This Section 9.2 applies to you only if you are a
developer who accesses data through our web services.

9.2.1 License to Web Services. Subject to the terms and conditions of this Agreement, Iler Group, Inc. grants you a limited, revocable, non-exclusive, non-transferable license to (a) view the documentation made available to you by Iler Group, Inc. at the Web Services page, currently found at http://www.LoginGPS.com/go/acrobat_com_dev_en (“Web Services Documentation”); and (b) call to and use the Web Services in accordance with the Web Services Documentation and the terms of this Agreement subject to fees identified by separate agreement. Iler Group, Inc. may terminate the license(s) granted in this Section

9.2.2 (License to Web Services) at anytime at Iler Group, Inc.’s sole discretion. Iler Group, Inc. reserves all rights not expressly granted hereunder.

9.2.3 Your Representations and Warranties Regarding Use of the Web Services and the Web Services Documentation. In addition to your other representations and warranties set forth in the Agreement, you represent and warrant the following:

9.2.4 Commercial Developer Applications. If you intend to use the Web Services
Documentation and/or the Web Services in a manner that may violate Section 9.2.2(f) of
this Agreement, you may be subject to immediate termination of the license(s) granted to you by Iler Group, Inc. hereunder. You may, however, request from Iler Group, Inc.
permission for exemption from Section 9.2.2(f) by contacting Iler Group, Inc. at
contact@logingps.com. Please provide a detailed description of Your Application and your intended use of the Web Services and Web Services Documentation. Iler Group, Inc. will review such requests and may provide an exemption in writing on a case by case basis at Iler Group, Inc.’s sole discretion. If Iler Group, Inc. grants you such exemption, such exemption may be subject to your compliance with additional requirements set forth by Iler Group, Inc.

9.3 Software. In addition to the terms regarding Software in the General Terms, any
Software (as defined in the General Terms) that Iler Group, Inc. makes available from time
to time in connection with the Services, such as the Add-In, may be used solely in
connection with the Services. You must not use the Software on a timeshare or service
bureau basis or host, on a subscription basis or otherwise, the Software.

9.4 Group Offerings. This Section 9.4 (Group Offerings) applies to you only if you obtained a
subscription(s) to the Services (whether under a Promotional Program (as defined below) or
otherwise) for a third party individual(s) or from a third party individual (“Group Offering”).

9.4.1 Information of Third Party Individuals. If you obtained a subscription to the Service for any third party individual, you represent and warrant you have all rights and permissions necessary to provide any Information of such third parties to Iler Group, Inc., and you shall defend, indemnify, and hold harmless Iler Group, Inc., manufacturers, suppliers, company officers and employees from any claim, suit or proceeding brought against Iler Group, Inc. by such third party in connection with any acts or omissions with regards to such Information of such third parties.

9.4.2 Group Use. The first sentence of Section 3.4 (Individual Use) shall be of no effect in
connection with use of the Services under a Group Offering. If you obtained a subscription to the Service for any third party individual, you understand that Content and workspaces contained in such third party individual’s Services account may not be deleted when such individual’s subscription to the Services under a Group Offering terminates, and it is your sole responsibility to ensure that such individual deletes any Content and workspaces belonging to you from such individual’s Services account.

9.5 Promotional Use of Service. This Section 9.5 (Promotional Use of Service) applies to you
solely if Iler Group, Inc. granted to you special access privileges to the Services under a
special program (each, a “Promotional Program”).

9.5.1 Promotional Program. In addition to the other terms of this Agreement, as a user of the Service under a Promotional Program, your right to access and use the Service under a Promotional Program is limited as provided in the e-mail communication to you from Iler Group, Inc. acknowledging your right to use the Service under a Promotional Program, or as otherwise provided by Iler Group, Inc. to you upon your enrollment in a Promotional Program (each, a “Promotional Program Communication”). Promotional Programs may be offered by Iler Group, Inc. at a later time with different features or capabilities, for a fee, or not at all, as determined by Iler Group, Inc. in its sole discretion.

9.5.2 Termination of a Promotional Program. Your right to use the Service under a
Promotional Program shall terminate immediately upon expiration of the limited time period granted in a Promotional Program Communication. In addition, Iler Group, Inc. reserves the right, for any reason in its sole discretion without prior notice, to discontinue or suspend any Promotional Program or your use of the Service under a Promotional Program. Your rights and the rights of Participants to access Content submitted to your account and processed by the Service under a Promotional Program may change or terminate, as applicable, immediately upon termination of your right to use the Service under a Promotional Program.

9.6 Subscription Services. This section 9.6 (Subscription Services) applies to you solely if
you are a purchaser of a subscription to use additional functionality of a Service(s)
according to the subscription option to which you subscribe (“Subscription Services”).

9.6.1 License to use Subscription Services. Per the terms of this Agreement, Iler Group, Inc.
grants to you a license to use the Subscription Services.

9.6.2 Payment for Subscription Services.

9.6.2.1 Subscription Fees. Use of the Subscription Services is subject to your payment of
fees (the “Subscription Fees”), which may vary according to the subscription option to which you have subscribed and/or the period of time for which you have elected to pay for the Subscription Services (the “Subscription Term”). For purposes of clarification, certain basic functionality of the Services is offered by Iler Group, Inc. free of charge per the terms of the Agreement. Iler Group, Inc. will collect the Subscription Fees for the Subscription Services in advance of each Subscription Term. You are responsible for paying all taxes levied in connection with your use of the Subscription Services. Your payment card company or bank may impose on you other fees in connection with your payment of the Subscription Fees, and Iler Group, Inc. has no connection to or responsibility for such fees.

9.6.2.2 Automatic Renewal of Subscriptions. Your subscription to the Subscription Services will automatically renew at the end of each Subscription Term. On the subscription renewal date, Iler Group, Inc. will automatically charge your payment card for the next Subscription Term (“Billing Date”). You can find your Billing Date in the “Your Subscriptions” area of the Iler Group, Inc. store. You may also terminate the auto-renewal of your subscription with 30 days written notice prior to the end of the Subscription Service. You will have access to the Subscription Services until the end of your then-current Subscription Term.

9.6.2.3 Payment Cards. As a condition to your right to use the Subscription Services, you
must provide Iler Group, Inc. with a valid payment by card number belonging to you from a card issuer that Iler Group, Inc. accepts with available funds sufficient to pay the applicable Subscription Fees or by check. Such card must be associated with a valid address located in a jurisdiction into which the LoginGPS.com store sells Iler Group, Inc. products and services. Iler Group, Inc. may seek validation of your payment card account prior to your first purchase. In the event that you cancel this payment card or it is otherwise terminated, you must provide Iler Group, Inc. with a new valid payment card before the next Billing Date in order to avoid interruption in your access to the Subscription Services. Iler Group, Inc. may elect not to renew your subscription until a current valid payment card with sufficient funds is provided or payment is received by check or funds transfer.

9.6.2.4 Changes in Price and/or Terms. Iler Group, Inc. may at any time, upon notice
required by applicable law, (a) change the price of subscriptions for the Subscription
Services or any part thereof; (b) institute new charges or fees after the Subscription Service term; or (c) change these Additional Terms. Price and Subscription Terms changes, and institution of new charges implemented during your subscription term, will apply to subsequent Subscription Terms and to all new subscribers after the effective date of the change. If you do not agree to any such changes, then you must terminate your subscription to the Subscription Services and stop using the Subscription Services. Your continued use of the Subscription Services after the effective date of any such change shall constitute your acceptance of such change.

9.6.2.5 Collection of Service Fees. You agree that in the event Iler Group, Inc. is unable to collect the Subscription Fees owed by you to Iler Group, Inc. for the Subscription Services, Iler Group, Inc. may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Iler Group, Inc. in connection with such collection activity.

9.6.3 Termination of Subscription Services.

9.6.3.1 Termination by Iler Group, Inc.. In addition to the rights Iler Group, Inc. retains in
Section 5 of these Additional Terms to modify or terminate the Subscription Services, your Services account, the Agreement, or these Subscription Terms, Iler Group, Inc. may also at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Subscription Services and these Subscription Terms upon your failure to pay any Subscription Fees owed by you. Any termination or suspension described in this Section (Termination by Iler Group, Inc.) shall be made by Iler Group, Inc. in its sole discretion, without any refund to you of any prepaid Subscription Fees or amounts, and Iler Group, Inc. will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Subscription Services.

9.6.3.2 Account Reinstatement. Except in the event of certain material breaches by you of the Agreement, as determined by Iler Group, Inc. in its sole discretion, you may resubscribe to the Subscription Services at any time following the termination of your
Subscription Services account.

  1. Availability of the Services. Iler Group, Inc. uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond Iler Group, Inc.’s control. Iler Group, Inc. will take reasonable steps to minimize such disruption, to the extent it is within Iler Group, Inc.’s reasonable control. The Services may not be available in all languages.
  2. DISCLAIMER OF EQUIPMENT WARRANTY & LIMITATION OF LIABILITY. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND. Some states do not allow limitations on warranties, so the above limitation may not apply. COMPANY IN NO CASE SHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ATTORNEY FEES OR SIMILAR DAMAGES ARISING FROM ANY BREACH OF WARRANTY, EVEN IF COMPANY (OR ITS AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES. In no case shall Company’s liability exceed the price paid for the goods or services included.
  3. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Florida, USA WITHOUT REGARD TO ITS CONFLICTS OF LAWS and VENUE [jurisdiction] of any dispute INVOLVING [between] the Company and Customer or End User will be in a court in HILLSBOROUGH COUNTY in the state of Florida. Collection related disputes will be resolved in court or through arbitration at the Company’s discretion. The Customer agrees to pay reasonable legal fees, court costs, interest at the annual percentage rate listed, and collection fees related to the debt collection process. Both parties agree to abide by the decision of the arbitrator. Court costs and other legal fees shall be incurred by the Customer and each party will pay their
    respective legal (attorney) counsel fees without reimbursement from the other party regardless of the arbitrator’s or court’s decision. The burden of proof of payment or any other burden of proof shall be on the Customer. If a dispute arises with provisions not relating to past due invoices or collections, both parties agree to arbitration as outlined by the American Arbitration Association. Court costs and legal fees shall be incurred by the Customer and each party will pay their respective legal counsel (attorney) fees without reimbursement from the other party regardless of the arbitrator’s decision. The burden of
    proof shall be on the Customer. NEITHER PARTY NOR ANY AFFILIATED COMPANY OR ASSIGNEE SHALL HAVE THE RIGHT TO OFF SET THIS AGREEMENT, OR ANY WARRANTY OR OTHER CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.
  4. Miscellaneous. You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services. In the event these Additional Terms, the General Terms and the Iler Group, Inc. Online Privacy Policy conflict, the documents shall have the following order of precedence: (i) Additional Terms, (ii) the Iler Group, Inc. Online Privacy Policy, and (iii) General Terms.

MOBILE APPLICATION PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW). BY USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

 

General. Iler Group Inc, dba Fleetistics (“Fleetistics”) and its subsidiaries respect the privacy rights of our users and are committed to protecting the information collected through its online products, online services, applications and websites (together “Services”). Fleetistics has adopted this privacy policy (“Privacy Policy”) to explain how Fleetistics collects, stores, and uses the information collected in connection with Fleetistics’ Services. Should you have any questions relating to this Privacy Policy, please contact us at Fleetistics 2604 Cypress Ridge Blvd, Suite 101 Wesley Chapel, FL 33544.

 

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Fleetistics reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. If Fleetistics makes material or significant changes to this Privacy Policy, Fleetistics may post a notice on Fleetistics’ website and mobile app along with the updated Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

 

Non-personal data. For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Fleetistics collects about the use of Fleetistics Services, from which any personally identifiable data has been removed.

 

Fleetistics may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Fleetistics to identify you. The types of non-personal data Fleetistics may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and location; (v) other non-personal data as reasonably required by Fleetistics to enhance the Services and other Fleetistics products and services.

 

Fleetistics may use and disclose to Fleetistics’ partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Fleetistics services and products.

 

You recognize and agree that the analytics companies utilized by Fleetistics may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

 

Ad Serving Technology. Fleetistics reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Fleetistics or Fleetistics’ partners and contractors. Fleetistics may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Fleetistics or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Fleetistics or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information and application information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

You recognize and agree that the advertising companies who deliver ads for Fleetistics may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Fleetistics takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Fleetistics does not have access to or control of third party technologies.

 

Personal Data. For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.

 

Likely situations when you make personal data available to Fleetistics include but are not limited to: (i) registration for Services, contests and special events; (ii) subscribing to newsletters; (iii) requesting technical support; and (iv) alerts and notifications (v) otherwise through use of Fleetistics Services where personal data is required for use and/or participation.

The types of personal data may vary depending on the type of activity you are engaged in. The personal data Fleetistics may collect, process and use may include, but are not limited to your name, screen/nickname, e-mail address, phone number, skills, resources, media, photo or other images, birthdate, sex, address, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Fleetistics treats location as non-personal data).

 

Fleetistics may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Fleetistics services and products. Fleetistics may combine non-personal data with personal data.

 

Fleetistics may use your personal data to send messages to you with informative and/or commercial content about Fleetistics’ services or third-party products and services Fleetistics thinks may be of interest to you, such as new features and services, special offers and updated information.

 

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Fleetistics may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Fleetistics. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Fleetistics may associate and/or combine as well as use information collected by Fleetistics and/or obtained through such social networking sites in accordance with this Privacy Policy. Connected data will not be sold to other parties with any personally identifiable data.

 

Disclosure and Transfer of Personal Data. Fleetistics collects and processes personal data on a voluntary basis and it is not in the business of selling your personal data to third parties. Personal data may, however, occasionally be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Fleetistics may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

 

Fleetistics may hire agents and contractors to collect and process personal data on Fleetistics’ behalf and in such cases, such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Fleetistics. These agents and contractors may not use your personal data for their own marketing purposes. Fleetistics may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Fleetistics has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Fleetistics. Fleetistics is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

 

Fleetistics may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Fleetistics to legal liability. Fleetistics may also disclose your personal data to third parties when Fleetistics has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Fleetistics’ rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Fleetistics believes that such disclosure is necessary to protect Fleetistics’ rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Fleetistics.

 

Data Retention. Fleetistics retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Fleetistics deletes all aforementioned data in its possession. Fleetistics does not verify the correctness of personal data. Even if data is changed or deleted, Fleetistics may still retain some of the data to resolve disputes, enforce Fleetistics user agreements, and comply with technical and legal requirements and constraints related to the security, integrity, and operation of Services.

 

Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Fleetistics treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Fleetistics sends to you may contain code that enables Fleetistics to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Fleetistics may combine that information to other information Fleetistics has about you and Fleetistics may use that information to improve the Services and/or provide customized communications to you.

 

Third Party Terms and Conditions. Please note that your access to and use of the Services may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Fleetistics is not liable for any such third-party terms and conditions and their use of your personal data.

 

Fleetistics may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Fleetistics. Fleetistics is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Fleetistics is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

 

Safeguards. Fleetistics follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in Fleetistics’ possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to your personal data in Fleetistics’ possession. Personal data collected by Fleetistics is stored in secure operating environments that are not available to the public. However, no system can be 100% secure and there is the possibility that despite Fleetistics’ reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

 

Other. Fleetistics may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Fleetistics’ stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

 

Further Information. Fleetistics regularly reviews its compliance with this Privacy Policy. If Fleetistics receives a formal written complaint from you, it is Fleetistics’ policy to attempt to contact you directly to address any of your concerns. Fleetistics will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Fleetistics.

 

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