Privacy Policy

Privacy Policy

This Privacy Policy is effective as of July 21, 2021.

This Privacy Policy relates to Lytx, Inc., together with its affiliates (collectively, “Lytx”, “we”, “us” and/or “our”), and describes our policies and practices with respect to your personal information (“Personal Information”) that you may give us or that we may collect about you, such as (i) when using our website or Lytx Mobile Application (“Mobile App”) which contain a link to this policy, (ii) when entering information into an online form which contains a link to this Privacy Policy, (iii) when providing your Personal Information to a Lytx representative at a tradeshow, or (iv) when you otherwise provide Lytx with your Personal Information in a manner described in this Privacy Policy.

This Privacy Policy does not apply to the extent we process Personal Information in our role as a service provider on behalf of our clients.  For detailed privacy information related to a Lytx client’s use of Lytx website and Mobile App, please direct your inquiry to the respective client. We are not responsible for the privacy or data security practices of our clients, which may differ from those set forth in this Privacy Policy.

This Privacy Policy also does not apply to the Personal Information obtained from or related to our current and former employees, independent contractors, and applicants. Please see Lytx’s Human Capital Privacy Policy for more information related to Personal Information obtained from or related to our current and former employees, independent contractors, and applicants. This Human Capital Privacy Policy also applies to any beneficiaries or emergency contacts of Lytx employees, independent contractors, or applicants who are California residents.

By submitting information via any method on our website or through our Mobile App, which includes a link or reference to this policy you acknowledge that Lytx will collect, use, share, transfer, and store Personal Information in the manner described in this Privacy Policy.  

 

A Special Note for Parents Concerning Privacy

The Lytx website and Mobile App are not intended for use by children. We do not knowingly accept Personal Information from any person under the age of 13. We ask that children (under the age of 13) do not submit any Personal Information to us.  

 

Information We Collect

The Personal Information we collect depends on how you interact with us, the website and Mobile App you use, and the choices you make.

We may collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.

Information you provide directly. We collect Personal Information you provide to us. For example:

  • Contact Information: for example, if you express an interest in obtaining additional information about our services, request customer support, use our "Contact Us" or similar features, register to use our website and Mobile App, sign up for or attend an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, or email address;
  • Demographic Information: for example, in some cases, such as when you register or participate in surveys, we may collect age, gender, marital status, and similar demographic details;
  • Financial Information: for example, if you make purchases via our website and Mobile App or register for an event, we may also require you to provide us (or our service providers who provide payment processing services) with financial information and billing information, such as billing name and address, credit card number, or bank account information;
  • Content and Files: for example if you contact us via telephone or email, we will collect and retain those communications (or records relating to those communications or if you participate in a survey we may collect information you submit related to your use of our website and Mobile App; or

Information we collect automatically. When you use our website and Mobile App, we collect some information automatically. For example: 

  • Identifiers and device information. When you access or use our website and Mobile App, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the Cookies, Mobile IDs, and Similar Technologies section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
  • Geolocation data. Depending on your device and app settings, we collect precise geolocation data when you use our apps or online services.
  • Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.

Information we create or generate. We may infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we may infer your general geographic location (such as city, state, and country) based on your IP address.

 

Cookies, Mobile IDS and Similar Technologies

What are cookies and similar technologies?

Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.

Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access the mobile IDs.

How do we and our partners use cookies and similar technologies?

We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect Personal Information (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including Personal Information about your online activities over time and across different websites or online services. This information is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.

What controls are available?

These choices are specific to the browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.

  • Browser cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
  • Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
  • Email web beacons. Most email clients have settings which allow you to prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
  • Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

California “Do Not Sell My Personal Information”

The California Consumer Protection Act (“CCPA”) requires us to describe the categories of Personal Information we sell to third parties and how to opt-out of future sales. The CCPA defines Personal Information to include online identifiers, including IP addresses, cookies IDs, and mobile IDs. The law also defines a “sale” broadly to include simply making data available to third parties in some cases.  We let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs, along with associated device and usage data, when you access our online services, but we do not “sell” any other Personal Information.

If you do not wish for us or our partners to “sell” Personal Information relating to your visits to our sites for advertising purposes, you can make your Do Not Sell Request by emailing us or using the choices above in the previous section “What controls are available?” If you opt-out using these choices, we will not share or make available such Personal Information in ways that are considered a “sale” under the CCPA.  However, we will continue to make available to our partners (acting as our service providers) some Personal Information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” Personal Information or stop all interest-based advertising.

 

Our Use of Personal Information

We use the Personal Information we collect for purposes described in this Privacy Policy or otherwise disclosed to you. For example, we use Personal Information for the following purposes:

  • Operating our website and Mobile App: We base the processing of your Personal Information on our legitimate interest to operate and administer our website and Mobile App and to provide you with content you access and request (e.g., download of certain content from our website and Mobile App);
  • Analyzing and monitoring our website and Mobile App: We will process Personal Information to analyze overall trends, to help us provide and improve our website and Mobile App and assess whether they are functioning properly;
  • Promoting security of our website and Mobile App: We will process your Personal Information by monitoring use of our website and Mobile App, creating aggregated, non-personal information, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our website and Mobile App, and protecting our rights and the rights of others;
  • Handling contact and user support requests: If you fill out a “Contact Us” web form, request user support, or if you contact us by other means, we will process your Personal Information for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
  • Managing event registrations and attendance: We will process your Personal Information to plan and host the event, conference or webinar, including related communication with you;
  • Business Operations: We will process your Personal Information to operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations. For example, if you have provided financial information, Lytx, or its service provider, will process your respective Personal Information to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the purchase order submitted by you;
  • Providing Mobile App Services: If you have installed and use our Mobile App, you provide us with GPS location information which is required in order for us to provide you with our Route Risk program. We also use other electronic information received from your mobile device to send updates to the Mobile App that includes driver safety tips.
  • Developing and improving our website and Mobile App: We will process your Personal Information to analyze trends, track your usage of our website and Mobile App and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our website and Mobile App and to provide our users with more relevant and interesting content;  
  • Displaying personalized advertisements and content: We will process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our website and Mobile App, and provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our website and Mobile App or, where necessary, to the extent you have provided your prior separate consent;
  • Sending business communications: We will process your Personal Information to send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages
  • Sending marketing communications: We will process your Personal Information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary to conduct direct marketing or to the extent you have provided your prior separate consent; and
  • Complying with legal obligations: We will process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our website and Mobile App, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.

 

Our Sharing of Personal Information

We share Personal Information with your consent or as necessary to complete your transactions or provide the website and Mobile App you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.

In addition, we share each of the categories of Personal Information described above for the following business purposes:

  • Our contracted service providers who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment;
  • If you use our website and Mobile App to register for an event or webinar, we may share your Personal Information with the entity responsible for organizing and/or managing the event to the extent this is required on the basis of the contract with you to process your registration and ensure your participation in the event;
  • With third–party social networks, advertising networks and website and Mobile App, which usually act as separate controllers, so that we can market and advertise on third party platforms and website and Mobile App;
  • In individual cases we may also share Personal Information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services;
  • We may also share your Personal Information with other affiliates to the extent this is necessary to fulfill a request you have submitted via our website and Mobile App, or for customer support, marketing, technical operations, or account management purposes;
  • If we are involved in a merger or reorganization, sell a website or Mobile App, or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Information to such third party; or
  • Any Personal Information or other information you choose to submit to public online forums (e.g. forums, blogs, or chat rooms) on our website and Mobile App may be read, collected, and/or used by others who visit these forums.

Lytx does not sell or trade any Personal Information accumulated through its website and Mobile App in any manner inconsistent with this Privacy Policy. However, Lytx, its partners, agents, officers and employees may provide specific information collected about you, including Personal Information, to third-parties if required to do so by law or in the good faith belief that such action is required to: (i) protect Lytx against legal liability; (ii) protect and defend the rights or property of Lytx, including without limitation, exchanging information with other companies and organizations for fraud protection or investigation; (iii) comply with a legal obligation; or (iv) act in urgent circumstances to protect the personal safety of visitors or the public.

Data collected from or about you may be used in an aggregate form, that is, as a statistical measure, and not in a form that would reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share these statistics with certain strategic relations.

 

Your Privacy Rights

You may have certain rights regarding your Personal Information, subject to your local privacy and data protection laws. 

If you are a resident of the European Union, these may include the following rights:

  • to access your Personal Information processed by us and receive copies of that information (right to access);
  • to rectify inaccurate Personal Information and ensure it is complete (right to rectification);
  • to erase/delete your Personal Information to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
  • to restrict our processing of your Personal Information (right to restriction of processing);
  • to transfer your Personal Information to another controller to the extent possible (right to data portability);
  • to object to any processing of your Personal Information carried out on the basis of our legitimate interests (right to object). Where we process your Personal Information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
  • not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"); Automated Decision-Making is not currently implemented as part of our website and Mobile App; and
  • to the extent we base the collection, processing and sharing of your Personal Information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

If you are a resident of the state of California:

  • You have a right to request that we disclose to you the Personal Information we have collected about you.  You also have a right to request additional information about our collection, use, disclosure, or sale of such Personal Information.  Note that we have provided much of this information in this Privacy Policy;
  • You also have a right to request that we delete Personal Information under certain circumstances, subject to a number of exceptions.  Please note, if your request relates to data processed by Lytx in connection with Lytx’s role as a service provider for clients, you must direct your request to the client;
  • You have the right to opt-out of the sale of your Personal Information, which is described in more detail in the above California “Do Not Sell My Personal Information” section;
  • You have the right to not receive discriminatory treatment because you exercised any of your privacy rights; and
  • You have the right to designate an authorized agent to make requests under the California Consumer Privacy Act; provided however that you must submit written proof of such designation to us and we may require additional verification.  

We do not knowingly sell Personal Information of minors under 16 years of age.

To exercise your rights, please contact us either by email or mail in accordance with the “Contact” section below.  Please note that we must verify any requests pursuant to this section to ensure the individual making such request is authorized to exercise such rights. Therefore, you must submit your name and email address, as well as confirm access to such email address, in order for us to process your request.  Lytx will comply with the applicable privacy and data protection laws and the exercising of your rights under such laws, however please note that such rights specified above are not absolute, and exemptions may be applicable. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. 

Lytx may also process Personal Information in the role of a processor on behalf of Lytx clients’ use of Lytx services. If your Personal Information has been submitted to us in connection with Lytx’s provision of services to a client, and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the specific client directly. Because we may only respond to a request related to our client’s data with such client’s permission, if you wish to make your request directly to us, please provide the name of the Lytx client who submitted your information when contacting us. We will refer your request to that client, and will support them as needed in responding to your request within a reasonable timeframe.  If you are an employee of a Lytx client, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

 

Preferences for Marketing Communications

If we process your Personal Information for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe here or by contacting us using the information in the “Contact" section below. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.

 

Security

We take reasonable and appropriate steps to help protect Personal Information from unauthorized access, use, disclosure, alteration, and destruction.

 

International Transfer of Information Collected

Our servers, and service providers, are located in the United States. Accordingly, if you reside outside of the United States, by accessing or using our Products and Service, you agree that your information will be transferred to the United States, and processed and stored in the United States. You also acknowledge and agree that your information may be transferred to facilities of those third parties with whom we share data as described herein.

Individuals Located in the European Union: Your Personal Information may be processed outside the European Economic Area (“EEA”), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.  By submitting any of your Personal Information to the Products and Service(s), you consent and agree to the transfer of your Personal Information to Lytx and its affiliates, as well as Lytx’s service providers which include without limitation, SalesForce.com, Marketo, Amplitude, SendGrid, SnapApp and AtEvent.

 

Limitation of Liability

By providing us with any Personal Information you expressly and unconditionally release and hold harmless Lytx, Inc., and its subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while Lytx takes efforts to ensure the proper and appropriate use of data provided by Lytx to third party companies, promotional partners or vendors, Lytx is not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by Lytx or the above-mentioned non-Lytx entities.  The foregoing shall not apply where such limitation of liability is prohibited by law.

 

Reservation of Rights

Lytx reserves the right to change this Privacy Policy at any time, for any reason, without prior notice. Your continued use of this website and Mobile App after any changes have taken effect will indicate that you have agreed to the terms of the revised Privacy Policy. We recommend that you check this Privacy Policy regularly for changes and updates.

 

External Links

Our website and Mobile App may include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide Personal Information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements.

 

Other Legal Information and Terms and Conditions

Your access and use of this website and Mobile App is further subject to the terms and conditions at https://www.lytx.com/legal-information.

 

Changes in Corporate Structure

Notwithstanding any of the foregoing, Lytx may sell, share or otherwise transfer some or all of its assets, including information gathered by one of its websites, in connection with a bankruptcy, merger, acquisition, reorganization or sale of substantially all of its assets or substantially all of the assets of a division or other unit of Lytx. You acknowledge that such transfers may occur and that any acquirer may continue to use your Personal Information as set forth in this Privacy Policy.

 

Changes to this Privacy Statement

We will update this Privacy Policy when necessary to reflect changes in our website and Mobile App, how we process Personal Information, or the applicable law. When we post changes to the Privacy Policy, we will revise the "Last Updated" date at the top of the statement.  If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.

 

How to Contact Us

If you have a privacy question, concern, or complaint, please contact the Lytx Privacy Department directly by e-mail at privacy@lytx.com. If you prefer to contact us by mail, please send any communications to:

Lytx, Inc.

 9785 Towne Centre Drive

 San Diego, California 92121

 Attn: Chief Privacy Officer