Idrive Inc Software / Hardware Products Annual Support, License Agreement and Data Protection Policy
This Annual Software License and Support Agreement End User License Agreement (EULA) is a legal agreement between the Users of Idrive Inc Software Products and Idrive Inc. Software products include Idrive Inc Control Center computer software, Idrive Inc Terminal computer software and Idrive Inc Global Center servers and media, the associated media, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using Idrive software(s), you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement or if you did not pay for your annual Idrive Inc Support Agreement, Idrive Inc is not willing to license Idrive Control Center, Idrive Terminal, Global Center access or any of its associated media to you. You may not use or copy Idrive Control Center software and you should promptly contact Idrive Support for instructions on the removal of the software. The terms of this Agreement shall begin upon installation of the software to the User's Idrive Base Station computer(s) or approved private or corporate computer or server and continue in full force until this agreement is terminated per paragraph 6 below.
1. IDRIVE INC CONTROL CENTER SOFTWARE, TERMINAL LICENSE AND GLOBAL CENTER ACCESS
NOTE: From here through the conclusion of this agreement; Idrive Inc Control Center software, Idrive Inc Terminal software and Idrive Inc Global Center access will be referred to as "Idrive software". All title and copyrights in and to Idrive Inc (including but not limited to any source code, data structures, manuals, images, photographs, and related items incorporated into Idrive Inc), the accompanying printed materials, and any copies of Idrive Control Center software, are owned by Idrive Inc. Copyright and other intellectual property laws protect Idrive Inc. The User may not copy the printed materials accompanying the software except for the exclusive internal use of employees of the User. User may not reverse engineer, decompile, or otherwise change the Idrive software product. Idrive software is licensed, not sold.
2. GRANT OF LICENSE
A User is not permitted to store or install a copy of Idrive software on a network fileserver to allow other computers to run Idrive software or database over User's private computer network without express written consent of Idrive Inc. User may not distribute Idrive software to any other computer(s). However, Users may purchase and dedicate a license and support agreement for Idrive Terminal software for each personal or corporate computer having the ability to access the original Idrive software over the User's LAN. Each installation of Idrive Terminal software must have a with a unique User license key agreement. A license for Idrive Control Center software or Idrive Terminal software may not be installed concurrently on different computers. You may not use a back-up utility to copy Idrive software for archival purposes. Any data collected relative to the User(s) after the Idrive software installation is the sole property of the User.
Note: Upon written request of the User and approval by Idrive Inc technical Support, an Idrive Terminal License Key may be placed as "Not Alive" by an Idrive Technical Support Rep allowing the User to uninstall and move the Idrive Terminal software from one computer to another
3. LIMITED WARRANTY
Idrive Inc warrants that the Idrive software shall be free of source code errors. A functional deficiency of the software is not an error. Only source code faults are warranted under this agreement. User's exclusive remedy shall be repair or replacement of the portion of the source code that is causing the software malfunction. This limited Warranty is void if the failure of the software or hardware has resulted from accident, abuse, or misapplication. To the maximum extent permitted by applicable law, Idrive Inc disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Idrive Inc and any accompanying written materials. To the maximum extent permitted by applicable law, in no event shall Idrive Inc be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. The User is responsible for the accuracy of this software.
4. SOFTWARE SUPPORT SERVICES
User must purchase an annual software license and support plan to utilize the Idrive software application. The license and support plan includes the following benefits:
- Free Maintenance Updates - Idrive Inc will make available for automatic download from the Idrive servers any updates to the current release of Idrive software. Your current licensed copy of Idrive software will receive all automatic maintenance updates to the Idrive software. This service does not include on-site installation of the software.
- Free Telephone and Email Support Access - Idrive Inc software Technical Support staff will be available for questions pertaining to the operation of the Idrive software. If a User has a problem with an operational or technical feature of the software, Idrive Inc will put forth their best effort to answer questions via telephone or email at no charge. Support issues requiring Idrive Inc Support staff to perform custom programming services or to connect to the User's database to perform repair services due to User error or inaccurate data entry will be charged at Idrive Inc prevailing rates for programming services.
- Remote Access Support - Idrive software and Technical Support specialists can address operational or technical problems that cannot be resolved by telephone support by using remote control software. A fee may be charged for this service and requires Idrive Support to have access to a computer system running Idrive Software at the User's site that is equipped with an always on internet connection. This service must be available 24/7 and permissions maintaining security of the User's network must provide unrestricted access to the Idrive Software, database and related hardware and software components. If User's firewalls and security provisions are enabled to protect the User's data and restrict access to other LAN equipment, then Idrive Inc can supply the User's IT Department with Port information, Local and external IP Addresses and websites necessary for the proper operation of Idrive software. All other ports and IP addresses may be firewalled, blocked or filtered.
- Consulting Services - Sometimes the on-site presence of a computer technician is required to handle support issues when attempts to solve the problem by telephone or remote access do not work. These services are not offered or performed by Idrive Inc, however Idrive Technical Support but will provide necessary information to resolve issue(s) to the User's IT Department or third party IT professional(s) hired by User and at User's expense
5. LIMITATIONS OF COVERAGE
This agreement does not cover:
- Support required because of unauthorized repairs or alterations
- Installation, reinstallation and other related consulting services
- Service required as a result of non-compatible software
- Service required on software including operating system software and/or other types of software
- Unauthorized modifications to custom programmed software
- Acts of God
6. RENEWAL AND CANCELLATION
User may renew this agreement at term end by paying the appropriate annual support fee per paragraph 10 below. At any time, User may terminate computer-related services as defined in paragraphs two (2) and four (4) by notifying Idrive Inc in writing. Early termination of the Idrive Inc license will nullify all complimentary services. Such services will then be invoiced at the prevailing rates for such services and payable by the User. Failure to pay the license and support renewal later than 30 days after the anniversary of this Agreement will also terminate this Agreement. All other rights, terms and conditions included in this Agreement shall survive termination. Upon termination, the User will have no further obligation to pay the Idrive Inc under the Agreement except to pay for any then accrued, unpaid fees as calculated using Idrive Inc standard hourly rate. If you terminate this Agreement, your license to use Idrive software is revoked. Upon termination, User must immediately remove the Idrive software from its computer(s), server(s) and workstation(s). User may retain a copy of data for internal historical purposes only. You may contact Idrive Technical Support for proper archiving of your data. User may not allow access to the database by any non-employee of the agency without expressed written consent of Idrive Inc Inc. Providing the database to a third party without consent is a violation of intellectual property and copyright laws.
7. LICENSE REDUCTION POLICY
You may reduce your annual Idrive software license count and Support count upon renewal. After renewing at a lesser license count, you may choose to increase the total license count by re-purchasing the forfeited licenses at the full license price.
8. TIME FOR SERVICE
Service will be provided during Idrive Inc normal business hours (8:30am to 5:30pm Monday through Friday, Pacific Time, excluding Holidays) unless an approved and prearranged time has been agreed to by both parties.
9. PLACE FOR SERVICE
All service will be performed remotely over the internet from Idrive Inc offices. No service will be performed at the User's site. Please see paragraph 4, sub section Remote Access Support.
10. PAYMENT / REFUND
The price for the software license and support agreement must be paid annually in full for each user's license and support. State sales tax will be added to all applicable purchases. Failure to pay will void this contract per paragraph 6. Prices may change upon renewal. If the User is unable to make payment prior to the license renewal due date, the User may request a two week temporary extension of the current year's license. License extensions beyond the two week grace period may be granted at Idrive Inc Management discretion and are subject to a monthly fee of 8% of the total renewal invoice. The purchase of a Idrive software license is an annual license and accordingly, no prorated refunds are granted for early termination of this Agreement. The purchase of annual Idrive software license is finalized when Idrive Inc electronically issues the license code containing the number of users and the future expiration date to the User or Agent of the User. Idrive software license(s) expires on the anniversary date and although encouraged at that time there is no obligation to renew.
11. IDRIVE SUPPLIED HARDWARE AGREEMENT
No User may modify, alter, replace or change the supplied Idrive Inc hardware or software without express written consent of Idrive Inc Technical Support. No User may install any external software onto an Idrive Inc supplied computer, server or laptop. If other software is found to be installed on Idrive Inc supplied equipment, it is considered a breach of this agreement. If other software is not removed upon request from Idrive Inc, then Idrive Inc reserves the right to refuse access to and or functionality of any Idrive Inc software, service or access until other software is removed and proven not to have caused any damage, functionality or code errors to the Idrive software or Idrive Inc provided hardware. Support issues requiring Idrive Inc Support staff to perform custom programming services or to connect to the User's database to perform repair services due to User modified hardware or User installed software will be charged at Idrive Inc prevailing rates for programming services.
1. What Information Does Idrive Collect and Receive?
Idrive may, on behalf of its customers, collect and analyze information (including personal information) about users (such as drivers and passengers) of the Services and other individuals (such as members of the public whose images may be captured by the Services). This content and information is referred to in this Policy as "Customer Data" and is controlled by Idrive's customers. To the extent that Idrive captures, stores and analyses Customer Data, Idrive does so on behalf of its customers.
2. Idrive Device and Customer Data
The Idrive device is an intelligent camera and sensor system that allows the collection of internal and external event data from vehicles to improve driver safety and fleet operations. Idrive devices use camera and sensor technology to scan a driver's environment and collect information. The device's cameras are both inward and outward facing. In addition to capturing video clips and images of drivers and passengers, the Idrive device also collects the following types of information:
- GPS location
- Network or internet protocol addresses
- Operating system ID
- Mobile network details
- Idrive device identifier or registration details
- Idrive device settings
- Date, time and type of web requests
The Idrive device and Services may also collect information about a vehicle's environment and experience while on the road, including information about:
- Geographic location and relative proximity of a vehicle to other vehicles
- Hazards, such as pedestrians (whose faces may be blurred), bicycles, weather, and other vehicles
- Collision, near-miss, hard braking, acceleration or cornering events
- Traffic patterns, speeds, and flow
- Lane and road departure
- License plate numbers (which may be blurred) and other information such as color or make of surrounding vehicles
- Not obeying the rules of the road e.g. running a red light
The Idrive device and Services may also collect other personal information about drivers (and passengers where indicated) such as:
- Phone number
- Email address
- Home/work address
- Driver's license / ID information
- Date of birth
- Vehicle identification number ("VIN")
- License plate
- Emergency contact information
- Face of driver
- Driver's posture and other physical characteristics when driving
- Who was in a collision including passengers
- Live camera feed / photo images including passengers
- Audio recordings including passengers
The Idrive device also uses face scanning and facial recognition software on the data captured by the Idrive device to create a profile of a driver for Idrive's customers. For example, this software may create a profile based on a driver's facial features, such as the distance between the eyes, nose and ears, for a particular driver, that it uses to connect a driver in one particular photo or video to another photo or video for customer's benefit. The device's software may also analyze facial features, driver behavior, posture and movements in order to ensure safety and to prevent accidents. This is done for safety reasons to protect the vital interests of drivers and passengers. For example, the device may process the following information about a driver's behavior:
- Driver behavior and actions or inaction
- Number of passengers in the vehicle
- Inattention (i.e., Drowsy Driving, Texting)
- Speed, acceleration, and mileage
- Driving time
- Idrive device tampering
- Vehicle security (i.e., video when parked)
- Not obeying the rules of the road, (i.e., Cell phone use, traffic infractions or signs, safe distance warning)
Some of this information may be sensitive personal information which is needed by the Customer to protect the vital interests of drivers, passengers and members of the public. Some images and information about members of the public may also be captured by the device. To the extent requested by a customer, we may create account "Profiles" for drivers. These Profiles allow Idrive to display a driver's Profile name and photo, and link that Profile with information collected by that driver's Idrive device. In order to create these profiles on behalf of customers, Idrive may process information such as names, username, password, photographs, location, and contact information of drives. In addition, drivers and passengers may transmit information to Idrive on behalf of customers, by recording a short voice note using the Idrive device. Idrive processes the voice note on behalf of its customer to understand additional details of an incident or passenger interaction and may use the information to offer technical or emergency support to drivers on behalf of its Idrive customers. The device may also, on customer's behalf, collect other information about a driver's environment and experience on the road including a vehicle's speed, acceleration, braking, collision events, mileage, relative proximity to other vehicles, road conditions/hazards, traffic patterns/density and the details of surrounding vehicles.
3. Other Information
Idrive may also process the following information (collectively referred to as "Idrive Data") in order to provide the Services to Customers:
Account creation information: Customers may create a Idrive account to make it easier to communicate with us and access the Services we provide. To create an account, customers may be asked to provide information such as a names, usernames, passwords and contact information. Billing and other information: Idrive or our partners acting on our behalf may collect and store payment information including a credit or debit card number, card expiration date, CVV code, billing address, and shipping address to complete transactions through our Services. Services usage information: This is information about customers and customer personnel who are accessing and using the Services, which may include details of administrative, technical and support communications with us.
Log data: When our Customers use the Services, we may collect log data such as your Internet Protocol address, the date and time of your use of the Services and cookie data.
4. How Does Idrive Use the Information It Collects?
Provide and Improve Idrive Services. Idrive may access and use Customer Data as reasonably necessary and in accordance with Customer's instructions to provide and improve the Services. For example, Idrive may, on its customers' behalf and in accordance with their instructions, use this information to understand and predict traffic flows, advise drivers of hazards in real time, determine the cause and consequence of individual driving behavior and events and develop composite safety scores for drivers.
Idrive may also use this information to provide technical support, to prevent or address service, security, technical issues, to improve the quality of service Idrive provides or at a customer's request in connection with customer support matters.
Idrive may also use Customer Data as set forth in our agreement with its customer or as expressly permitted in writing by the customer or as required by law.
5. Other Purposes
We also use information:
To understand and develop our Services: We carry out research and analyze trends to better understand how users are using the Services and improve them.
Communicating with Customer personnel and marketing: If Customer personnel contact us with a problem or question, we will use customer personnel information to respond. We may also send customer personnel service and administrative emails and messages. We may also contact customer personnel to inform them about changes in our Services, our service offerings, and important service related notices, such as security and fraud notices. These emails and messages are considered part of the Services we are contractually obliged to provide to customers' personnel and, apart from marketing emails, customer personnel may not opt-out of them. Where we send emails about new product features or other news about Idrive, customer personnel and other recipients can opt out of these at any time.
Billing and account management: We use account data to administer accounts and keep track of billing and payments. This processing of Idrive Data is necessary for us to provide the Services to Customers.
Investigating fraud and abuse: We work hard to keep the Services secure and to prevent abuse and fraud. Any processing of Idrive Data in these circumstances will be in our legitimate interests and the legitimate interests of our customers and their personnel to have their data kept secure and free from abuse and fraud. Processing of Customer Data in these circumstances shall be on behalf of our customers.
Where the processing described in this Section 2 comprises Idrive Data processing, Idrive processes such data in accordance with its and its customers' legitimate interests described above and because such processing is necessary for Idrive to discharge its contractual obligations.
Use of Aggregated/De-identified data: This Policy is not intended to place any limits on what Idrive does with data that is aggregated and/or de-identified so the data is no longer associated with and can no longer be linked to an identifiable user or customer of the Services. Idrive uses aggregate or de-identified information for business purposes, including for product improvement, analytics, industry and market research, and other purposes consistent with Idrive's business needs. Examples of aggregated or de-identified information used by Idrive include information on:
- Road signs and traffic lights
- Vehicle density and speeds
- Parking spaces
- Collision and near miss hotspots
- Parking and stops
- Risk scoring
- Scenario risk, based on context (e.g. risk in a construction zone, pothole)
- Location and labeling of objects such as vehicles and traffic signs
- Driving paths
- Risk events
- Vehicle speed and change in velocity or delta-V
- Dynamic aggregated data (e.g., traffic data, construction activity, weather, road conditions)
- Infrastructure data (e.g., pot holes, number of lanes, lane markers, stop sign / signal locations)
6. How Does Idrive Share the Information It Collects?
Idrive may share information described in this Policy from time to time. Our customers determine their own policies for the sharing and disclosure of Customer Data. Idrive does not control how customers or their third parties choose to share or disclose Customer Data.
Idrive may share Customer Data and other information in accordance with our agreement with our customers and our customers' instructions, including with: Customers: Idrive may share Customer Data and other information in accordance with our agreement with customers. This means that customers, and third parties that customers designate to receive their Customer Data, can receive up-to-date information about a driver's location, speed, driving hazards, and attentiveness, in addition to in-depth analysis of driver safety, traffic dynamics, or insurer loss data. There may be times when a user contacts Idrive to help resolve an issue specific to the Services. In order to help resolve the issue and given our relationship with our customer, we may share this concern with our customer. Third Party Service Providers and Agents: Idrive may provide information to vendors, service providers, and other partners who help provide the Services and who, like Idrive, will use this information in accordance with instructions from Idrive's customers either directly or through Idrive. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Policy and the agreements Idrive enters into with them. Sharing of Aggregated/De-identified Data: We may disclose or use aggregate or de-identified information for any purpose, including for business, public interest, or research purposes. For example, we may use this information to advise other customers, including fleet owners and insurers, and Idrive drivers about driving conditions and to warn them of hazards. Idrive may also use this information to provide customers with other fleet management services, general risk analysis and traffic analysis. Affiliates: We may engage affiliates in our corporate group to process Customer Data in accordance with our agreement with Customers. Legal Compliance: Idrive may share information in order to comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process. Emergency Services: Idrive may contact emergency services and share Customer Data on behalf of its customers if there is an accident based on information that Idrive receives from Idrive devices. This is to protect the vital interests of drivers, passengers or members of the public. Idrive, pursuant to its legitimate interests and those of its customers and their users, may also share Idrive Data in the circumstances described above. Such sharing might also be required in order for Idrive to perform its contractual obligations in its customer agreements. Such Idrive Data sharing may also occur in the following circumstances:
Changes to Business Structure: In the event Idrive is involved in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Idrive's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence). Fraud and Illegal Activity: Idrive may share Idrive Data to enforce our rights, prevent fraud and for safety. This is in order to protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.
7. Security and Data Retention
Idrive takes security seriously. We take various physical, administrative, and technological steps to transmit your data securely including HTTPS, TLS/SSL protocol, AES and RSA data encryption. These steps consider the nature of the information we collect, process and store, and the current state of technology. The Idrive cloud is supported by customer authorized third-party vendors and service providers which process and store information in compliance with this Policy and any other appropriate confidentiality and security measures.In addition to technological security measures, Idrive places access controls on its employees, contractors, and agents.Despite these measures, Idrive cannot guarantee that the information described in this Policy will be completely secure.
We only retain Customer Data if necessary in accordance with our agreement with the customer or as expressly permitted in writing by the customer or as required to comply with our legal obligations. Most data (including most Customer Data) are temporarily stored locally on the Idrive device and only select data (including only select Customer Data) is sent up into the cloud. We only store Idrive Data for as long as is necessary for the business purposes for which the data is processed by Idrive. This means certain account creation information and general account information along with Services usage information will typically be stored while the account remains active or for shorter periods if possible. We may retain certain Idrive Data after an account has closed if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud or abuse, or enforce this Policy and our agreements with customers. For example, certain Idrive Data such as financial and payment information may need to be stored for a number of years after payment is made in accordance with applicable tax and corporate laws. Idrive may store depersonalized data, indefinitely.
8. Children's Information
The Services are not directed at children under 13 years. If you learn that a child under 13 has provided us with personal information without parental or guardian consent, please contact us. Should our Services capture information about children (as passengers or outside the relevant vehicle), this information will only be processed on behalf of customers where it is in the vital safety interests of children or those of others or where the processing is in our customers' legitimate interests or those of the children or the public.
9. International Data Transfers
If you are using the Services in the European Union or other regions outside of the United States with laws governing data collection and use that may differ from U.S. law, be advised that Idrive may transfer your information, Customer Data and Idrive Data to the United States and other countries with differing data protection laws and differing government agency data access rules. By using the Services, you explicitly consent to that transfer. Idrive Inc., complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Idrive has certified to the Department of Commerce that it adheres to the EU-U.S. Privacy Shield Framework. If there is any conflict between the terms in this Policy and these Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
Under the Privacy Shield Principles, Idrive Inc. has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Idrive complies with the Privacy Shield Principles for all onward transfers of personal information from the E.U., including the onward transfer liability provisions. In compliance with the Privacy Shield Principles, Idrive commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Idrive at info@Idriveglobal.com. You may also have the ability, under certain conditions, to invoke binding arbitration for complaints regarding Privacy compliance. Idrive is subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to its compliance with the Privacy.
10. Data Subject Rights
If your personal data is comprised in Customer Data, then you should contact the customer in relation to any statutory rights you may have to access, rectify, erase, restrict or object to customer's processing of your data. If your personal data is comprised in Idrive Data, then you may have rights to rectify, erase, restrict and object to Idrive processing your personal data. Please use the contact details set out below to contact Road Safety, SRL should you wish to exercise these rights. You can also access your personal information comprised in the Idrive Data by sending us a request at firstname.lastname@example.org. After we verify your identity, we will provide you with a copy of this personal information. If you are based in the European Union, without prejudice to any other rights you may have, you also have the right to file a complaint against Road Safety, SRL with your lead supervisory authority, and also with the Romanian Data Protection Commissioner, which is our Lead Supervisory Authority by contacting them in the appropriate member state of the EU.
We may revise this Policy from time to time. We will provide notice of any changes on this page, and if the changes are significant, we will provide a more prominent notice, for example by contacting our customers. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.
12. Contact Us
If you have any questions about Idrive's Policy or practices and if you are based in the European Union, please contact Road Safety, SRL at email@example.com or at the following address: Road Safety, SRL, 15a Putul Lui Zamfir, Sector 1, Bucharest, Romania, 011683. Road Safety, SRL will be the data controller of Idrive Data in relation to its customers in the European Union.
If you have any questions about Idrive's Policy or practices and if you are based outside the European Union, please contact Idrive Inc. at firstname.lastname@example.org or at the following address: idrive, inc. 249 N. Turnpike Road, Santa Barbara, CA 93111, United States of America.