PRIVACY POLICY FOR FIRSTMILE DRIVER APP

Last Updated: April 1, 2021

1. WHAT THIS PRIVACY POLICY COVERS

This Driver Application (“Driver App”) is provided by International Fulfillment Solutions, LLC d/b/a FirstMile (“FirstMile,” “we,” “us” or “our”), a Rakuten Company, part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan. The Driver App is intended for use by FirstMile employees and/or contractors driving delivery and pickup routes for FirstMile as part of the e-commerce shipping services (“Services”) FirstMile provides to our business clients (“Clients”) who use our Services to provide e-commerce order services to their end users and customers (“Client Customers”).

This Privacy Policy explains how FirstMile collects, uses, and discloses personal information about you as a user (“User” or “you”) of the Driver App during your work for FirstMile, and is supplemental to any Rakuten Staff Privacy Policy/Employee Monitoring Policy applicable in your location. As used in this policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

2. COLLECTION OF INFORMATION/PURPOSES OF USE

When you use the Driver App, we may collect the following types of Personal Information about you for the following purposes:

Identifiers: the Driver App requires you to sign in with your assigned username (typically your work email address) and a password of your choosing. We also associate your app activity with your name and device identifier. These identifiers are necessary for us to authenticate your access to the Driver App and to tie your delivery and pickup work activities to you.
Geolocation: the Driver App collects your precise location (lat/long) along the route when you are actively driving an assigned delivery or pickup route, even if the Driver App is closed, in order to determine arrival at and departure from a geofenced area around a delivery or pickup address, to trigger events or status indicators related to such arrivals, as well as to determine your travel times between points on the route and whether you are on schedule for the route.
User/App Interactions: the Driver App captures and timestamps defined user interactions with the App, such as pressing buttons to indicate a route has been started or stopped, a pickup or drop-off has been completed.
Photos/Notes: the Driver App requires access to your device’s camera and captures photos uploaded by the User of drop-off locations of packages to verify such deliveries for the purposes of accounting to Clients. Any notes entered by the User into the App are also captured for this purpose.
Log and Device Information: We systematically collect standard information related to your access to and use of the Driver App and the device you used to access it, for the purposes of troubleshooting and improving app performance.

In addition to the purposes described above, all of the above information may also be used in the context of providing accountability to Clients, defending claims or other legal actions against FirstMile or Clients, exercising or defending FirstMile’s rights or the rights of third parties, or in relation to assessing employee job performance.

We do not sell your Personal Information per the California Consumer Privacy Act (“CCPA”) nor do we knowingly collect the Personal Information of minors under 16 years old.

3. ACCESS TO/SHARING OF INFORMATION

All information collected above is accessible to FirstMile management and other internal roles as necessary for FirstMile’s business purposes. We may also share all categories of collected information about you for our business purposes, as follows:

Disclosure to Vendors who Provide Us Services
We may disclose your Personal Information only as necessary to vendors and other third parties that perform services for us, for a business purpose, including HR support, other IT services, and analytics.

Disclosure to Clients/Client Customers
We may disclose certain information collected from the Driver App for the purposes of alerting Clients or Client Customers of impending deliveries or pickups or to account for progress of scheduled deliveries or pickups.

To Comply with Law
We may disclose information about you in response to an official request for information, if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.

To Protect FirstMile or Others
We may disclose your information if we believe your actions are inconsistent with our employee policies, if we believe you have violated the law, or to protect the rights, property, and safety of FirstMile or others.

In Connection with a Business Transaction
We may disclose your information in confidence in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. If there are changes to the internal structure of our parent company so that another FirstMile affiliate or subsidiary takes on the role of centrally collecting, using or disclosing personal information in accordance with this Privacy Policy, we will use commercially reasonable efforts to ensure that affiliate or subsidiary will handle your information in accordance with this Privacy Policy in place of FirstMile.

In addition to the above listed disclosures of Personal Information, we may also share aggregated or de-identified information that cannot reasonably be used by recipients to identify you.

4. YOUR CALIFORNIA PRIVACY RIGHTS

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act of 2018 (“CCPA”) (California Civil Code Section 1798.100 et seq.). However, because the Personal Information collected by us in this Driver App relates to your actions in your capacity as an employee of FirstMile, subsection 1798.145(h) limits your privacy rights regarding this Personal Information to receiving the disclosures provided above regarding the information we collect and the purposes for which we use it and any rights you may have under section 1798.150 in relation to a personal data breach of this information.

5. CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage). We encourage you to review the Privacy Policy whenever you access the Site or otherwise interact with us to stay informed about our information practices and the choices available to you.

6. CONTACT US

If you have any questions about this Privacy Policy or the Driver App, please contact us at:
International Fulfillment Solutions, LLC dba FirstMile, A Rakuten Company
2080 Industrial Rd C, Salt Lake City, Uta 84104, U.S.A
Email: info@firstmile.com
Tel: 866-847-0674