Privacy Policy

1. Introduction

ARC Logistical Systems Inc. (“ARC”, “we”, “us” or “our”) provides transport management system software for commercial motor carriers. This Privacy Policy explains what personal information we collect, how we use and disclose it, and the choices available to you.

We handle personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Information Protection Act (British Columbia), Canada’s Anti-Spam Legislation, and other applicable privacy laws.

This Policy applies to our websites, applications, APIs and services (the “Service”) and to information we collect through them.

2. Two roles, and why it matters

We handle personal information in two capacities:

As a service provider to our customers. When a carrier subscribes to ARC and uploads driver records, load data or contact information, that carrier decides what information is collected and why. We process it on their instructions under our Terms of Service. If you are a driver or employee of an ARC customer, direct questions about that data to your employer in the first instance.

On our own behalf. When you visit our website, create an account, contact support, or subscribe to our communications, we determine the purposes of that collection ourselves. This Policy governs that information directly.

3. Information We Collect

3.1 Account and contact information. Name, business email address, mobile and business telephone numbers, job title, employer, mailing address, and account credentials.

3.2 Billing information. Billing address, tax registration numbers, and transaction records. Payment card details are collected and processed directly by our payment processor; we do not store full card numbers.

3.3 Operational and telematics data. Load and dispatch records, pickup and delivery details, vehicle and equipment identifiers, driver identifiers, timestamps, and — where enabled by the customer — vehicle and mobile device location data. Location data can reveal detailed patterns of an individual’s movements and is treated as sensitive.

3.4 Communications. Messages you send us, support tickets, and records of text messages and emails we exchange with you, including delivery and opt-out status.

3.5 Technical and usage data. IP address, device and browser type, operating system, pages viewed, features used, timestamps, referring URLs, and diagnostic and crash information.

3.6 Cookies and similar technologies. See section 9.

We do not knowingly collect information from anyone under 18. The Service is intended for business use.

4. How We Use Personal Information

We use personal information to:

• provide, operate, maintain and secure the Service;
• create and administer accounts and authenticate users;
• process payments and manage billing, including tax compliance;
• deliver operational notifications, including dispatch, load and status messages;
• provide customer support and respond to enquiries;
• monitor, troubleshoot and improve the Service, and develop new features;
• detect, investigate and prevent fraud, abuse, security incidents and unlawful activity;
• send service announcements and, where permitted, marketing communications; and
• comply with legal, regulatory, tax and record-keeping obligations.

5. Legal Basis and Consent

We collect, use and disclose personal information with consent, except where the law permits or requires otherwise. Consent may be express or, where appropriate and the information is not sensitive, implied.

Express consent is obtained for sending commercial electronic messages, for enabling location tracking, and for other sensitive processing.

You may withdraw consent at any time, subject to legal and contractual restrictions and reasonable notice. Withdrawing consent may mean we can no longer provide some or all of the Service. To withdraw consent, contact us at [email protected].

Where the General Data Protection Regulation applies, our lawful bases are performance of a contract, compliance with a legal obligation, consent, and our legitimate interests in operating and securing the Service.

6. Mobile Information and Text Messaging

This section describes how we handle mobile telephone numbers and text messaging consent.

6.1 What we collect. Your mobile telephone number, your consent to receive text messages, the date and source of that consent, message delivery status, and your opt-out status.

6.2 How we use it. Solely to send and support the messages described in the Text Message (SMS) Program section of our Terms of Service, and to maintain records of consent and opt-out as required by law.

6.3 No sharing or sale for marketing.

No mobile information will be shared or sold with third parties or affiliates for marketing or promotional purposes. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

6.4 Limited operational disclosure. We disclose mobile numbers only to the messaging and telecommunications providers that transmit messages on our behalf, strictly for the purpose of delivering those messages. These providers are contractually prohibited from using the information for their own purposes, including marketing.

6.5 Opting out. Reply STOP to any message, or text STOP to [Pending], to unsubscribe. Reply HELP, or email [email protected], for assistance. We retain a record of your opt-out in order to honour it.

7. Disclosure of Personal Information

We do not sell personal information. We disclose it only as follows:

7.1 Service providers. To vendors that perform services for us, including cloud hosting, messaging and telecommunications, payment processing, analytics, and customer support tooling. They may use personal information only to provide services to us, under contractual confidentiality and security obligations.

7.2 Between customer and users. Where you are an Authorized User of a customer’s account, information about your use of the Service may be visible to that customer’s administrators.

7.3 Legal and safety. Where required by law, subpoena, warrant, court order or other lawful demand, or where necessary to protect the rights, property or safety of ARC, our customers, or the public.

7.4 Business transactions. In connection with a merger, acquisition, financing or sale of assets, subject to the recipient being bound to use the information consistently with this Policy. We will give notice of any resulting change in how information is handled.

7.5 With your consent. For any other purpose disclosed to you at the time of collection, with your consent.

8. Storage, Transfers and Service Providers

Personal information may be stored and processed in Canada and the United States, and may be accessible to service providers located in those countries. Information stored in or transferred to another jurisdiction may be accessible to the courts, law enforcement and national security authorities of that jurisdiction under its laws.

We use contractual and organizational measures to require comparable protection wherever information is processed. You may contact us at [email protected] for information about our practices and policies regarding service providers outside Canada.

9. Cookies and Analytics

We use cookies and similar technologies to keep you signed in, remember preferences, measure usage, and improve the Service. We use analytics providers to understand how the Service is used.

You can control cookies through your browser settings. Blocking cookies may affect functionality, including the ability to stay signed in.

We do not respond to browser Do Not Track signals, as there is no common standard for them.

10. Retention

We retain personal information only as long as necessary for the purposes described in this Policy, or as required by law.

• Account and operational data: for the Subscription Term and for a reasonable period afterwards, subject to the export period in our Terms of Service.
• Financial and tax records: six years from the end of the tax year to which they relate.
• Messaging consent and opt-out records: for as long as necessary to honour the opt-out and to demonstrate compliance with anti-spam law.

When information is no longer required, we delete it or render it anonymous.

11. Security

We maintain administrative, technical and physical safeguards appropriate to the sensitivity of the information, including encryption in transit, access controls, authentication requirements, logging and monitoring, and periodic review of our practices.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If you believe your account has been compromised, contact us immediately at [email protected].

12. Breach Notification

If a breach of security safeguards occurs and it is reasonable to believe the breach creates a real risk of significant harm, we will report it to the Office of the Privacy Commissioner of Canada and notify affected individuals as required by law, and will maintain records of breaches as required.

13. Your Rights

Subject to applicable law, you may:

• access the personal information we hold about you and be told how it has been used and to whom it has been disclosed;
• correct inaccurate or incomplete information;
• withdraw consent, subject to legal and contractual restrictions;
• unsubscribe from marketing communications at any time; and
• complain to us, and then to a regulator, about our handling of your information.

Where the GDPR applies, you may also have rights of erasure, restriction, portability and objection.

To exercise a right, contact [email protected]. We may ask you to verify your identity. We will respond within thirty (30) days, or tell you if we need more time and why. There is no fee for a reasonable request.

If you are an Authorized User of a customer’s account, we may refer your request to that customer, who controls the relevant information.

14. Changes to This Policy

We may update this Policy from time to time. The effective date at the top shows when it was last revised. If we make a material change, we will give notice by email or through the Service before the change takes effect.

15. Contact and Complaints

Our Privacy Officer is responsible for compliance with this Policy.

Privacy Officer
ARC Logistical Systems Inc.

Email: [email protected]
Terms of Service: livelogistics.ca/terms

If you are not satisfied with our response, you may contact:

Office of the Privacy Commissioner of Canada — priv.gc.ca — 1-800-282-1376

Office of the Information and Privacy Commissioner for British Columbia — oipc.bc.ca — 1-800-663-7867