Terms of Service & Privacy

Terms of Service


LAST UPDATED: 21.09.2020


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

BY USING THE SERVICE, CLICKING AGREE OR OTHERWISE ASSENTING TO THIS AGREEMENT YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR AN ENTITY FOR WHOSE BENEFIT THIS SERVICE IS BEING USED, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. IF YOU HAVE A WRITTEN AGREEMENT WITH HAIBERG GMBH FOR THESE SERVICES, THEN THAT AGREEMENT WILL GOVERN, AND THE AGREEMENT BELOW WILL NOT APPLY.

This agreement is between Haiberg GmbH, and the customer agreeing to this agreement (Customer).

1. MOBILE WORK MANAGEMENT SERVICE

This agreement provides Customer with access to and usage of an Internet-based MOBILE WORK management software service as specified on an order and the Haiberg GmbH mobile applications (collectively, Service).


2. USE OF SERVICE

a. Trial

If Customer has not agreed to pay for the Service, then Customer is under a trial period as designated by Haiberg GmbH. During the trial period, the Service is provided AS IS. All data may be deleted at the end of trial period, unless Customer converts to a paid account.

b. Customer Owned Data

All data uploaded by Customer remains the property of Customer, as between Haiberg GmbH and Customer (Customer Data). Customer grants Haiberg GmbH the right to use the Customer Data solely for purposes of performing under this agreement. During the term of this agreement, Customer may export or print reports regarding certain Customer Data as allowed by functionality within the Service.

c. Contractors and Employee Access and Usage.

Customer may allow its contractors (including without limitation, third party logistics companies) and employees to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors and its employees.

d. Customer Responsibilities

Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Haiberg GmbH promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s User Guide manual.

e. Jobmonitor Support

Haiberg GmbH must provide customer support for the Service under the terms of Jobmonitor’s Support and Maintenance Terms (Support), and is incorporated into this agreement for all purposes.

f. Privacy

Jobmonitor's Privacy Policy describes the privacy issues in using the Service and the mobile apps. Customer acknowledges and agrees to the terms of this Privacy Policy, and that it may be modified over time.

g. API

Jobmonitor provides access to its application-programming interface (API) as part of the Service for no additional fee. Subject to the other terms of this agreement, Jobmonitor grants Customer a non-exclusive, nontransferable, terminable license to interact only with the Service as allowed by the API.

  1. Customer may not use the API in a manner--as reasonably determined by Jobmonitor--that exceeds reasonable request volume, constitutes excessive or abusive usage, or fails to comply with any part of the API. If any of these occur, Jobmonitor can suspend or terminate Customer’s access to the API on a temporary or permanent basis.
  2. Jobmonitor will use commercially reasonable efforts to support the previous version of the API for at least 6 months. Jobmonitor may add new endpoints or fields in API results without prior notice to Customer.
  3. The API is provided on an AS IS basis. Jobmonitor has no liability to Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.

3. BETA RELEASES

From time to time, Jobmonitor may grant Customer access to “alpha”, “beta”, or other early-stage products (“Beta Releases “). While Haiberg GmbH may provide assistance with Beta Releases in its discretion, notwithstanding anything to the contrary in this Agreement, CUSTOMER AGREES THAT ANY BETA RELEASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH HAIBERG GMBH WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF A BETA RELEASE IS AT CUSTOMER’S SOLE RISK. Haiberg GmbH makes no promises that future versions of a Beta Release will be released. Haiberg GmbH may terminate Customer’s right to use any Beta Release at any time for any reason or no reason in Jobmonitor's sole discretion, without liability.


4. SERVICE LEVEL AGREEMENT & WARRANTY

a. Warranty

Haiberg GmbH warrants to Customer: (i) that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum of availability in any given month as provided in the chart below (excluding maintenance outages, force majeure, and outages that result from any Customer technology issues or third party vendor issues); (ii) the functionality or features of the Service may change but will not materially decrease during any paid term; and (iii) that the Support may change but will not materially degrade during any paid term.

b. LIMITED REMEDY

Customer’s exclusive remedy and Haiberg GmbH ’s sole obligation for its failure to meet the warranty in a(i) above will be for Haiberg GmbH to provide a credit for the applicable month, as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies Haiberg GmbH of such breach within 30 days of the end of that month.

c. DISCLAIMER

HAIBERG GMBH DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE HAIBERG GMBH TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, HAIBERG GMBH DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.


5. MUTUAL CONFIDENTIALITY

a. Definition of Confidential Information

Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Jobmonitor’s Confidential Information includes without limitation the Service (including without limitation the Service tenantUserImpl interface design and layout, and non-public pricing information).

b. Protection of Confidential Information

The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.

c. Exclusions

Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.

d. Security Measures

In order to protect Customer’s Confidential Information and Customer Data, Jobmonitor will (i) implement and maintain all reasonable security measures appropriate to the nature of the Confidential Information including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such information and data; (ii) implement and maintain industry standard systems and procedures for detecting, preventing and responding to attacks, intrusions, or other systems failures and regularly test or otherwise monitor the effectiveness of the safeguards’ key controls, systems, and procedures; (iii) designate an employee or employees to coordinate implementation and maintenance of its security measures; and (iv) identify reasonably foreseeable internal and external risks to the security, confidentiality and integrity of information and data that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of such information, and assess the sufficiency of any safeguards in place to control these risks.

e. Notice of Data Breach

If Haiberg GmbH knows that Customer Confidential Information or Customer Data has been accessed, disclosed, or acquired without proper authorization and contrary to the terms of this agreement, Haiberg GmbH will alert Customer of any such data breach within five business days, and immediately take such actions as may be necessary to preserve forensic evidence and eliminate the cause of the data breach. Haiberg GmbH will give highest priority to immediately correcting any data breach and devote such resources as may be required to accomplish that goal. Haiberg GmbH will provide Customer with all information necessary to enable Customer to fully understand the nature and scope of the data breach. To the extent that Customer, in its sole reasonable discretion, deems warranted, Customer may provide notice to any or all parties affected by any data breach. In such case, Haiberg GmbH will consult with Customer in a timely fashion regarding appropriate steps required to notify third parties. Haiberg GmbH will provide Customer with information about what Haiberg GmbH has done or plans to do to minimize any harmful effect or the unauthorized use or disclosure of, or access to, Confidential Information.


6. JOBMONITOR PROPERTY

a. Reservation of Rights

The software, workflow processes, tenantUserImpl interface, designs, know-how and other technologies provided by Jobmonitor as part of the Service are the proprietary property of Jobmonitor and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Jobmonitor. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Jobmonitor reserves all rights unless expressly granted in this agreement.

b. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
c. Aggregate Data

During and after the term of this agreement, Jobmonitor may use and retains all rights in all non-personally identifiable data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other internal and external business purposes.

d. Mobile Software

Haiberg GmbH may make available software to access the software via a mobile device. To use the software, Customer must have a mobile device that is compatible with the software. Haiberg GmbH does not warrant that the software will be compatible with Customer's mobile device. Customer may use mobile data in connection with the software and may incur additional charges from Customer's wireless provider for these services. Customer agrees that it is solely responsible for any such charges. Customer acknowledges that Haiberg GmbH may, from time to time, issue upgraded versions of the software, and may automatically electronically upgrade the version of the software that Customer is using on its mobile device. Customer consents to such automatic upgrading on its mobile device, and agrees that the terms and conditions of this agreement will apply to all such upgrades. If the mobile device software is acquired from an Apple platform (App Store Software), the additional terms set forth on Exhibit A apply.
Haiberg GmbH shall not retain, use, or disclose Customer Personal Information for any purpose other than for the specific purpose of performing the Services.. Haiberg GmbH shall not (a) sell any Customer Personal Information; (b) retain, use or disclose any Customer Personal Information for any purpose other than for the specific purpose of performing the Services; or (c) retain, use or disclose the Customer Personal Information outside of the Business Relationship or in a manner that violates the Agreement. Haiberg GmbH hereby certifies that it understands its obligations under this clause and will comply with them.


7. TERM AND TERMINATION

a. s agreement continues until all orders have expired or are terminated under Section 8(b) below.
b. Mutual Termination for Material Breach

If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.

c. Return of Customer Data

Within 60-days after termination, upon request Jobmonitor will make the Service available for Customer to export such data as provided inSection 2(b) .

d. Return Jobmonitor Property Upon Termination

Upon termination of this agreement for any reason, Customer must pay Haiberg GmbH for any unpaid amounts, and destroy or return all property of Haiberg GmbH. Upon Haiberg GmbH’s request, Customer will confirm in writing its compliance with this destruction or return requirement.

e. Suspension for Violations of Law

Haiberg GmbH may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Service, Customer has violated a law. Haiberg GmbH will attempt to contact Customer in advance.


8. LIABILITY LIMIT

a. EXCLUSION OF INDIRECT DAMAGES

HAIBERG GMBH IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS), EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

b. TOTAL LIMIT ON LIABILITY

HAIBERG GMBH ’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 12-MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.


9. INDEMNITY

a. Defense of Third Party Claims. Haiberg GmbH will defend or settle any third-party claim against Customer to the extent that such claim alleges that the Jobmonitor technology used to provide the Service violates a copyright, patent, trademark or other intellectual property right, if Customer, promptly notifies Haiberg GmbH of the claim in writing, cooperates with Haiberg GmbH in the defense, and allows Haiberg GmbH to solely control the defense or settlement of the claim. Costs. Haiberg GmbH will pay infringement claim defense costs incurred as part of its obligations above, and Haiberg GmbH negotiated settlement amounts, and court awarded damages. Process. If such a claim appears likely, then Haiberg GmbH may modify the Service, procure the necessary rights, or replace it with the functional equivalent. If Haiberg GmbH determines that none of these are reasonably available, then Haiberg GmbH may terminate the Service and refund any prepaid and unused fees. Exclusions. Haiberg GmbH has no obligation for any claim arising from: Haiberg GmbH ’s compliance with Customer’s specifications; A combination of the Service with other technology where the infringement would not occur but for the combination; Use of Customer Data; or Technology not provided by Haiberg GmbH. This section contains Customer’s exclusive remedies and Haiberg GmbH ’s sole liability for intellectual property infringement claims.
b. Customer Indemnity

To the extent allowed by law, if any third-party brings a claim against Jobmonitor related to Customer acts, omissions, data or information within the Services, Customer must defend, indemnify and hold Haiberg GmbH harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.


10. GOVERNING LAW AND ARBITRATION

THIS AGREEMENT IS GOVERNED BY THE LAWS OF GERMANY, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ANY DISPUTE BETWEEN CUSTOMER AND HAIBERG GMBH ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE DETERMINED BY BINDING ARBITRATION IN MUNICH, GERMANY.


11. OTHER TERMS

a. Entire Agreement and Changes

This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it or Customer agrees to a new agreement or modification as provided by an online process designated by Haiberg GmbH, and no waiver is effective unless the party waiving the right signs a waiver in writing.

b. No Assignment

Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.

c. Independent Contractors

The parties are independent contractors with respect to each other.

d. Enforceability and Force Majeure

If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.

e. Money Damages Insufficient

Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

f. No Additional Terms

Haiberg GmbH rejects additional or conflicting terms of any Customer formType-purchasing document.

g. Order of Precedence

If there is an inconsistency between this agreement and an order, the order prevails.

h. Survival of Terms

Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.

i. Feedback

If Customer provides feedback or suggestions about the Service, then Haiberg GmbH (and those it allows to use its technology) may use such information without obligation to Customer.


Contact Us

If you have any questions or concerns about our Services or these Terms, you may contact us at:

www.haiberg.com

Moosacher Str. 56
80809 Munich, Germany

or by email at info@haiberg.com


EXHIBIT A - MOBILE SOFTWARE FROM APPLE APP STORE

The following applies to any Haiberg GmbH Mobile Software Customer acquires from the Apple App Store (App Store Software):

a. Acknowledgment

This agreement is between Haiberg GmbH and Customer only, and not with Apple, and Haiberg GmbH, not Apple, is solely responsible for the App Store Software and the content thereof. The agreement does not provide for usage rules for App Store Software that are in conflict with the App Store Terms of Service as of the effective date of the agreement (which Customer acknowledges it has had the opportunity to review).

b. Scope of License

The license granted to Customer for the App Store Software is limited to a non-transferable license on any Apple-branded Products that the Customer owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App Store Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

c. Maintenance and Support

Haiberg GmbH is solely responsible for providing any maintenance and support services with respect to the App Store Software, as specified in the agreement, or as required under applicable law. Haiberg GmbH and Customer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software.

d. Warranty

Haiberg GmbH is solely responsible for any App Store Software warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple may refund the purchase price for the App Store Software (if that purchase price was paid to Apple on behalf of Haiberg GmbH to Customer; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is Haiberg GmbH ’s sole responsibility.

e. Product Claims

Haiberg GmbH and Customer acknowledge that Haiberg GmbH, not Apple, is responsible for addressing any claims of Customer or any third party relating to the App Store Software or Customer’s possession and/or use of that App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App Store Software’s use of the HealthKit and HomeKit frameworks. This agreement does not limit Haiberg GmbH 's liability to Customer beyond what is permitted by applicable law.

f. Intellectual Property Rights

Haiberg GmbH and Customer acknowledge that, in the event of any third-party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, Customer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance

Customer represents and warrants that: (i) he/she/it is not located in a country that is subject to a Germany Government embargo, or that has been designated by the Germany Government as a “terrorist supporting” country; and (ii) he/she/it is not listed on any Germany Government list of prohibited or restricted parties.

h. Developer Name and Address

Company's name is Haiberg GmbH and address is Moosacher Str. 56 80809 Munich, Germany, and the contact information (phone number; email address) to which any Customer questions, complaints, or claims with respect to the App Store Software should be directed as follows: info@haiberg.com

i. Third-Party Terms of Agreement

Customer must comply with applicable third-party terms of use when using the App Store Software (e.g., the App Store Software is a VoIP application, then Customer must not be in violation of its wireless data service agreement when using the App Store Software).

j. Third-Party Beneficiary

Haiberg GmbH and Customer acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement, and that, upon Customer’s acceptance of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against Customer as a third-party beneficiary thereof.

Privacy Notice


EFFECTIVE DATE: 01.10.2020

LAST UPDATED: 21.09.2020


INTRODUCTION

Haiberg GmbH understands and respects our users’ need for privacy. This Privacy Notice (“Notice”) describes the types of information we collect, the purposes for which it is used, and the choices you have with respect to its use.


ABOUT JOBMONITOR

Jobmonitor is a light-weighted mobile application designed for managing mobile jobs which need to be performed between various locations. With job types, service workflow, mobile forms, working hours and more parameters customized, Jobmonitor helps create jobs and monitor their onsite progress with built-in routing service. To improve work efficiency and lower cost, Jobmonitor also enables professional team collaboration by messages, file sharing, and adding comment. GDPR compliance and security is ensured for personal info.
You can access the Jobmonitor service (“Service” or “Services”) via our website dashboard, smartphone applications, SMS messaging feature on mobile devices, APIs, and through third-parties.


SCOPE AND APPLICATION

This Notice applies to users of the Jobmonitor Service (e.g. delivery drivers or “Drivers”), paying Jobmonitor clients (“Clients”), and Jobmonitor website visitors (including our homepage at Jobmonitor.rocks, and our blog, order, reseller, and support pages, collectively “Sites”). This Notice also applies to our Clients’ customers (“Recipients”). We encourage you to read this Notice in full to understand our privacy practices before using our Services.


INFORMATION WE RECEIVE FROM YOU

We collect the following information through your use of our Services, and otherwise with your consent. In some cases, we receive information directly from you, such as when you sign up for a Jobmonitor account, we collect your name, email address, and phone number. In other cases, we receive information about you from our Clients when they use our Services, such as your name and phone number when you are added as a driver or a paperboy by an administrator. The types of information that we collect include:

a. Information about you and your Jobmonitor account – Name, email address, postal address, phone number, company name information, customer and delivery information for example (such as scheduling information and delivery destination), and in some cases, your photograph. You provide this information to us directly during the account registration process.
b. Vehicle information of drivers – Transportation method. You provide this information to us directly when using our Services.
c. User behavioral information – Taking driver as an example, we collect information about how you drive your vehicle. This includes time, location, bearing, speed, and accuracy. We collect this information automatically when you use our Services.
d. Geolocation information – User’s location is collected from their device's native location service, which combines GPS, cell-tower, Wi-Fi, and other sensor data to accurately pinpoint a tenantUserImpl's latitude and longitude while the tenantUserImpl is "on-duty.". We may collect other information such as application crash reports or application usage analytics for drivers who are not online for the express purpose of providing and improving our Services. For example, if you engage the chat function as a driver while off-duty, we may collect and use application usage analytics for support purposes to understand the driver journey. We may remotely log in to the application, with your permission, to resolve an issue if our application crashes.
e. Business contact information – We collect personal information from individuals when we attend or host events, conferences, and other business meetings. This information includes business contact information such as name, email address, and phone number.
f. Device information – IP address, device type, operating system, manufacturer, model and version number, and unique device identifiers such as your device ID, but not IMEI. We collect this information automatically when you use our Services.
g. Browser and usage information – Operating System (OS) running on your device, Internet Protocol (IP) address, access times, browser type, and language, and the website you visited before our Sites. We also collect usage details, such as time, frequency, and use pattern. In some cases, we analyze information on specific end users such as the amount of time spent on the platform. In other cases, we look at data in the aggregate. We use this information to optimize our Services. We collect this information automatically when you use our Services.

To learn about your information collection choices and to opt-out of data collection, see the “Your Choices” section below.


INFORMATION WE RECEIVE FROM OTHER SOURCES

a. Clients of our Services – Clients of our Services may provide information about you when they submit content through our Services. For example, you may be mentioned in a troubleshooting ticket opened by someone else. We also receive your email address from other users when they provide it to invite you to our Services. Similarly, a dispatcher may provide your contact information when they designate you as a driver on their company’s account.
b. Client customers – We may receive personal data about you from one of our Client’s customers. We will only use this information for the purpose of providing our Services. For example, a recipient of a delivery may provide personal information about you when submitting a support ticket.
c. Other partners – We receive information from partners to help us find potential customers and enhance our Services with useful information. For example, information provided by our partners allows us to provide route optimization services.

HOW WE USE, SHARE AND DISCLOSE INFORMATION

We use collected information to:

a. Communicate with you – We may contact you to respond to your inquiries, requests, and/or send important notices either via email, SMS, push notifications, and in-app notifications. This includes, for example, sending confirmations, invoices, technical notices, routing updates, security alerts, administrative messages, and providing you with updates about our Services and new features.
b. Provide customer support – We use your personal and Jobmonitor usage information to resolve support issues that may arise through your use of our Services. Haiberg GmbH employees are prohibited from viewing the content of data you import into your Jobmonitor account, except when necessary to resolve your support issues. Access is limited to the data required to resolve your support issues.
c. Deliver and improve our Services – We use your information to deliver and analyze how you use our Services, develop new products and services, and improve functionality, quality, and tenantUserImpl experience. For example, we track geolocation, driver behavior, and other information to facilitate route optimization and other features. This includes using aggregated, anonymized data to improve our Services.
d. Market our Services – We use your information to market our Services. For example, we may send you an email notification about new product features. Additionally, we may use pseudonymized personal information collected on our website to better tailor marketing or website content, including to run or optimize our service, or for other purposes, such as internal research.
e. Advertise – Jobmonitor App does not contain or allow in-app targeted advertising at this time. We also do not use push notifications or in-app notifications to display advertisements to our users.
f. 6. Store data – We store data on servers. We use appropriate technical, administrative, and physical measures to secure your data during storage.

We share information about you and your vehicle(s) with third parties only in the manner described below:

a. Marketing and advertising – We do not sell information about you to advertisers or other third parties. We do not currently share your information with third parties for marketing purposes, but if that changes we will obtain your consent first.
b. Other users – If you register or access our Services through an Jobmonitor Client, certain information about you including your name, contact info, photograph, content and past use of your account may become accessible to that Client and other individuals with whom the Client shares access. If you are a Client managing a particular group of users within our Services, we may share your contact information with current or past users, for the purpose of facilitating Services-related requests.
c. Mergers and acquisitions – If your personal information is transferred to a party unaffiliated with Jobmonitor as part of merger, acquisition, or sale of all or a portion of our assets, we will provide you with notice prior to transferring your personal information to the new entity. Notice will be provided directly through our Services.
d. Legal purposes – We disclose your information when we believe that disclosure is (1) reasonably necessary to comply with any applicable law, regulation, subpoena, legal process, or enforceable governmental request; (2) necessary to enforce the provisions of the Notice; (3) required to enforce our Terms of Service, including investigation of potential violations; or (4) necessary to protect against harm to the rights, property, or safety of Jobmonitor, our users, or the public as required or permitted by law.

LEGAL BASES FOR PROCESSING (FOR EEA USERS)

If you are an individual from the European Economic Area (“EEA”), we collect and process your personal data only where we have legal basis for doing so under applicable EU laws. The legal basis depends on the Services you use and how you use them. This means we collect and use your personal data only:

a. To fulfill our contractual obligations to you.
b. To operate our business, including to improve and develop our services, for fraud prevention purposes, improve tenantUserImpl experience, or other legitimate interest; and/or
c. As otherwise in compliance with law.

If you have any questions about the legal basis for processing, please refer to the “Your Rights” section below or contact us at the address listed in the “Contact Us” section.


USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies to collect your personal and other information as you navigate our Services. Cookies help make interactions with our Services easier and faster for our users.


"DO-NOT-TRACK" AND TARGETED ADS

We do not respond to web browser “Do-Not-Track” signals. We do not serve targeted advertisements in our Services at this time. However, you may see targeted ads from us on other websites based on your browsing history or other online activities.


YOUR CHOICES

Where appropriate or legally required, we will describe how we use personal information, so you can make choices about how your data is used. You can notify us of your preferences during the information collection process and change your selection at any time by contacting us directly.

a. Geolocation – We collect your geographic location when you use our Services. You can restrict our access to and collection of your location information by disabling location-sharing on your device, located in your Jobmonitor account settings or in your device (e.g., mobile phone) settings.
b. Marketing emails – You can choose to stop receiving marketing emails by following the unsubscribe instructions included in these emails, or by using the email address listed in the “Contact Us” section below. If you opt out of receiving marketing emails, we may still send you non-promotional emails, such as emails about your Jobmonitor account.
c. Push notifications – You can opt-out of receiving push notifications through your device settings. Please note that opting-out of receiving push notifications may impact how our Services function.
d. Mobile application information – You can stop Jobmonitor from collecting information through the Jobmonitor App by uninstalling the mobile app. You can use the standard uninstall processes available on your mobile device or via the mobile application marketplace or network. You can also contact us to deactivate your account using the email address listed in the “Contact Us” section below.

YOUR RIGHTS

You have certain rights in connection with the personal information we obtain about you. To update your preferences, correct your information, limit the communications you receive from us, or submit a request to exercise your rights, please contact us as specified in the “Contact Us” section.

As required by law, you have the right to:

a. Request access to certain personal information we maintain about you;
b. Request that we update, correct, amend, erase or restrict certain personal information;
c. Object to some forms of automated decision-making or profiling;
d. File a complaint with a relevant European Data Protection Authority; and
e. Exercise your right to data portability.

Where our Services are administered for you by a Client, you may need to first contact the Client to assist with your requests. For all other requests, you can contact us as provided in the “Contact Us” section below to request assistance.

In some circumstances you can withdraw consent you previously provided to us or object to the processing of your personal information, and we will apply your preferences moving forward.

To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. We may also decline your access request, but in the event we do, we will provide an explanation for our decision. Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.


HOW LONG WE RETAIN INFORMATION

How long we keep information we collect about you depends on the type of information, as described below. We will either delete or anonymize your information or, if this is not possible (for example, the information is stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

a. Account information – We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate our Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for the improvement and development of our Services, we take steps to eliminate information that directly identifies you. If our Services are made available to you through our Clients, we retain your information as long as required by the Client. For more information, see " Information We Receive from Other Sources" above.
b. Marketing information – If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Jobmonitor account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date the information was created.

SECURITY SAFEGUARDS

We use reasonable and appropriate physical, technical, and administrative safeguards to protect your information from unauthorized use, access, loss, misuse, alteration, or destruction. We also require that third party service providers acting on our behalf or with whom we share your information also provide appropriate security measures in accordance with industry standards. Notwithstanding our security safeguards, it is impossible to guarantee absolute security in all situations. If you have any questions about security of our Services, please contact us using the email address listed in the “Contact Us” section below.


CHANGES TO THIS PRIVACY NOTICE

We periodically update this Notice to describe new features, products, or services, and how those changes affect our use of your information. If we make material changes to this Notice, we will provide notification through our services and/or notify you directly. We encourage you to review this Notice for updates each time you use our Services.


THIRD PARTY SERVICES, APPLICATIONS AND WEBSITES

Certain third-party services, websites, or applications you use, or navigate to from our Services may have separate tenantUserImpl terms and privacy policies that are independent of this Notice. This includes, for example, websites owned and operated by our customers or partners. We are not responsible for the privacy practices of these third party services or applications. We recommend carefully reviewing the tenantUserImpl terms and privacy statement of each third party service, website, and/or application prior to use.


Contact Us

If you have any questions or concerns about our Services or these Terms, you may contact us at:

www.haiberg.com

Moosacher Str. 56
80809 Munich, Germany

or by email at info@haiberg.com