Privacy Policy
Last Updated: December 2022
Positioning Universal Inc. (“Positioning Universal”) is committed to protect the privacy of our customers.
This Privacy Policy relates to Positioning Universal, together with its affiliates Positioning Universal
Holdings Inc and Positioning Universal Enterprise Inc., (collectively “we”, “us” and/ or “our”), and
describes our policies and practices with respect to your personally identifiable information (“Personal
Information”) and other data that you may give us or that we may collect about you when using our
website: www.positioninguniversal.com and our services (“Sites and Services”). It also describes the
choices available to you regarding our use of your Personal Information and how you can access and
update this information. The use of information collected through our service shall be limited to the
purpose of providing the service for which the customer has engaged Positioning Universal.
Our servers are located in the United States. Accordingly, if you reside outside of the United States or are
a European Union citizen living in the United States, you agree that your information will be transferred to
the United States and processed and stored in the United States in accordance with the Privacy Shield
Framework described in the “Data Privacy Regulations” and “Cross-Border Data Transfer” sections of this
Privacy Policy. 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.
Information Collection, Purpose, Use, Disclosure, and Sharing
We collect, use and share two (2) types of information: Personal Information and Non-Personal
Information. Personal Information is information that can be directly or indirectly associated with a specific
person or entity, including but not limited to, names, email addresses, usernames, passwords, and
payment information. Non-Personal Information is information we collect or compile that by itself cannot
be directly associated with a specific person or entity.
During the use of our Sites and Services, we collect and process information for the following purposes:
• Improving our websites and their user experience by analyzing their use;
• Diagnosing problems in our websites and providing notifications of issues and corrective actions;
• Communicating with you on contractual information (date established and when it is ready to
expire), credit card payment information (ready to expire or expired credit card) and similar
information or to communicate and respond to your requests, including customer support;
• Processing and fulfilling orders requested by resellers and customers;
• Providing information on Positioning Universal’s products and services, special offers &
promotions, existing and pending regulations, and similar information;
• Conducting market research about our customers, their interests, and the effectiveness of our
campaigns;
• Completing cybersecurity activities, including fraud prevention, software and IP privacy, misuse of
services, and protecting the confidentiality of your account;
• Tracking of vehicles to aid in the recovery if a vehicle is stolen, abandoned or for general
recovery purposes;
• Tracking of vehicles or assets for security and fleet optimization;
• Monitoring of driver behavior to improve driver safety (i.e., speed alerts and late driving) and to
reduce maintenance and fuel costs;
• Monitoring drive hours for work time and regulatory compliance;
• Management reporting for business optimization;
• Integration with third party hardware or software solutions;
• Analyzing, troubleshooting, protecting, improving, and further developing our Positioning Universal’s
products and services;
• As may be required by applicable law; and
• Other purposes to which you consent.
When accessing one of our websites, our system will gather information such as what kind of browser is
being used, the user’s operating system, their IP address, their navigation patterns, and referring site.
Note that information is only gathered while the user is on a website owned or operated by Positioning
Universal. Positioning Universal monitors how a user arrives at the website, but cannot, and will not,
gather information about other websites the user has been on before arriving at a website owned or
operated by Positioning Universal.
When you register with Positioning Universal, information is needed such as your name, company name,
and email address. A billing address and credit card information is also required if you have chosen a paid
account. We will use collected information for purposes such as processing and fulfilling your order,
billing, service improvement, research, and other general purposes. We will share your Personal
Information with third parties only in the ways that are required for the use of our service and as described
in this Privacy Policy. We will not sell, rent, exchange or share your Personal Information with any third
parties without permission.
Positioning Universal will use your Personal Information to send a welcome email. We may also email
account holders for the purpose of billing or to provide service-related announcements. As this is part of
your service, you cannot opt out of any service-related email notifications. At any point in which a
newsletter subscription is made available, we will use your name and email address to send the
newsletter to you. At any time, you may choose to stop receiving our newsletters or other promotional
emails by following the instructions provided in the email or through our website using the Contact Us
form.
If you use a mobile device connected to a Positioning Universal solution, we receive and process
Personal Information about you which may include, but is not limited to, the monitoring of your driving
behavior, hours driven and location. We process this data in accordance with this Privacy Policy.
If Positioning Universal is involved in a merger, acquisition, bankruptcy, or sale of all or a portion of its
assets, you will be notified via email or by notice on our website of any change in ownership or uses of
your Personal Information, as well as any choices you may have regarding your Personal Information.
When necessary, Positioning Universal will share the collected information in order to respond to court
orders, legal processes, or to investigate, prevent or take action against illegal activities, suspected fraud,
or other circumstances concerning potential physical threats of personal safety, violations of Positioning
Universal’s terms of service, or as otherwise required by law.
Cookies
Positioning Universal uses a technology called "cookies" to store session information. A cookie is a small
text file that is stored on your local computer and allows us to identify users who have previously
registered or visited the site. Session cookies are automatically deleted from your hard drive at the end of
a session. If you access the portions of our website that require a password, persistent cookies, which are
not automatically deleted from your hard drive at the end of a session, are used. Most web-browsers offer
the option to refuse any cookie, but they also usually accept cookies by default. You can change this
default in most browsers and cause the browser to stop accepting cookies or to prompt you before
accepting a cookie from a website. If you choose to decline cookies, you may not be able to fully
experience the functionality for our website or services. Please note, there is no accepted standard on how
to respond to Do Not Track signals, and we do not respond to such signals.
Security
In order to protect both the Personal Information and the general information that we receive from you
through your use of Positioning Universal’s website, we have taken measures to ensure your security.
When you enter sensitive information (such as your credit card number) on our online forms, we encrypt
that information using secure socket layer technology (SSL). You can verify this by looking for a lock icon
in the address bar and looking for "https" at the beginning of the address of the web page. We also follow
generally accepted industry standards to protect the Personal Information submitted to us, both during
transmission and once we receive it. While every precaution is used to protect your Personal Information
and privacy, Positioning Universal cannot guarantee the security of any information you disclose online.
By using Positioning Universal’s service, you expressly acknowledge and agree that we do not guarantee
the security of any data provided to or received by us through your use of Positioning Universal’s service,
and that any information or other data received from you through your use of our service is provided to us
at your own risk.
While we use encryption to protect sensitive information transmitted online, we also protect your
information offline. Only employees who need the information to perform a specific job (for example, billing
or customer service) are granted access to Personal Information. The computers/ servers in which we
store Personal Information are kept in a secure environment.
Service by Minors
Positioning Universal’s service is a general audience service, and does not direct any of its content,
products, or services specifically toward children less than thirteen (13) years of age. We understand and
are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to
suspect that a user of Positioning Universal’s service is under age thirteen (13), we will promptly delete
any Personal Information in that user's account. If you have such information, please contact us as
admin@positioninguniversal.com.
Positioning Universal’s service is intended for use by individuals who are at least eighteen (18) years old;
or, in the case where your state or province has an age requirement greater than eighteen (18) years of
age, the stipulated minimum age per your state or province; or, whose parent or guardian have provided
consent to use Positioning Universal’s service. Any Personal Information submitted by a minor is in
violation of our website terms of use. Personal Information provided by a minor and collected while visiting
this website may be used as indicated in this Privacy Policy. Positioning Universal is committed to
protecting the privacy of children and has no intention of collecting Personal Information from minors. We
encourage parents and guardians of minors to regularly check and monitor their children's use of email
and other activities online.
Third Party Relationships
Due to the nature of our business, we work with a variety of third-party partners that may process and store
your Personal Information on our behalf. These third-party partners are service providers and vendors that
we have selected to provide us with services, and process some Personal Information on our behalf, to
operate our Services (e.g., payment processing, customer service software solutions, IT and related
services, telecommunication and text providers, location & map services, motion detection, order
fulfillment, electronic signature solutions and resellers of our services, etc.).
We share Personal Information with third-party partners with your express, affirmative consent. For
example, you may give us permission to share Personal Information with others for marketing use,
authorize a third-party web client or application to access your account, or ask us to share your feedback
with a business. These third-party partners are contractually obligated to safeguard any Personal
Information they receive from us. This includes restricting them from using or sharing Personal Information
except as necessary to perform the contracted services on our behalf or to comply with applicable legal
requirements.
The use of your Personal Information by our third-party partners is governed by the privacy policies of
those third-party partners, and is not subject to our control. Positioning Universal does not assume or have
any responsibility or liability for the Personal Information collection, use, security practices, or storage
activities of the third-party partners used by Positioning Universal to provide you with our Services.
In the context of an onward transfer Positioning Universal 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. Positioning Universal shall remain liable under the Principles if its agent processes
such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not
responsible for the event giving rise to the damage.
Additionally, we de-identify and aggregate your Personal Information to Non-Personal Information, to share
it with partners and the public in a variety of ways, such as by providing research reports about GPS or
vehicle usage. When we provide this Non-Personal Information, we perform appropriate procedures so that
the information does not identify you and we contractually prohibit recipients of the information from trying
to re-identify you.
Third-Party Links
Positioning Universal may insert links to third-party websites whose privacy practices may differ from
those of Positioning Universal. This Privacy Policy does not apply to such third-party websites. These
links take you outside our service and are beyond our control. This includes links from customers or
partners that may use Positioning Universal’s logo as part of a co-branding agreement. While we seek to
protect the integrity of our service, Positioning Universal is not liable for the content and activities of those
sites. Your access to such websites is at your own risk. Please note that those other sites may send their
own cookies to users, collect data, or solicit Personal Information.
Changes to Privacy Policy
We reserve the right to edit Positioning Universal’s Privacy Policy at any time and without prior notice
to you to reflect changes in our information practices or relevant laws. We will post a notice on our
website that points to this Privacy Policy to notify you of any substantive changes to the way we
collect and use information. The most recent version of the Privacy Policy is reflected by the version
date located at the top of the Privacy Policy. We strongly encourage you to read our Privacy Policy
and regularly check for any changes.
If you continue to use our Site and/ or Services, you agree to be bound by any changes to this Privacy
Policy. If you do not agree to these changes, please contact us so we can attempt to resolve your concern
by providing an explanation of these changes. If this information is not acceptable to you, then your only
remedy is to discontinue use of the Site and/ or our Services.
Questions
You can reach us using the information found on our “Contact Us” page on our website, by contacting
our Data Protection Officer via the email listed in the “Data Privacy Regulations” section of this
Privacy Policy or by using the mailing address provided at the end of this Privacy Policy. We will
respond to your request to within thirty (30) days.
Data Privacy Regulations
The European Union’s General Data Protection Regulation and other emerging data privacy regulations,
such as the UK’s Data Protection Act and implementing regulations, provide data subjects that are users
of our Site and Services with the following rights, described below. This section applies to EU and UK
data subjects.
Right to Access
You have the right to request access to and/ or copies of the Personal Information Positioning Universal
holds on you. In order to ensure the safety of your data, Positioning Universal will request identity
verification of any data subject requesting access to Personal Information. As a result, the email must
specify the following information:
1) Name, company, business address, and scope of information requested; and
2) Identification documents to demonstrate that the user is an employee of the named company.
Positioning Universal will comply with the request within thirty (30) days of the request receipt;
provided, the required verification document has been received.
Right to Rectification
You have the right to have your data corrected in the event any Personal Data held by Positioning
Universal is incorrect or incomplete.
Right to Erasure
You have the right to be forgotten or have your Personal Information erased. We will remove your
Personal Information from our systems, after receiving written notification from you, once the retention is
no longer necessary for the performance of services based on a contractual commitment or if there is not
an existing need to retain this information for the establishment, exercise, or defense of any legal claims.
Right to Restriction of Processing or Transfer to another Data Controller
You have the right to restrict the processing of your Personal Information. You also have the right to
transfer or port your Personal Information from Positioning Universal to another data controller. After
Service cancellation, data will not be retained on our servers if requested in writing via email. Positioning
Universal will abide by this right as long as the data transfer does not infringe on the contractual rights of
a customer.
Right to Object
You have the right to object to the use of your Personal Information. This includes the right to withdraw
consent to process Personal Information if consent was previously given and the right to object to the
use of Personal Information. This could include the removal of your Personal Information from an
account or a request to remove your email from a mailing list.
Exercising Rights
In the event you would like to inquire about exercising these rights, you may contact our Privacy/ Data
Protection Officer at dataprotection@positioninguniversal.com.
It should be noted that if you choose to withdraw consent, restrict the processing of your Personal
Information, or have your Personal Information erased prior to the contractual end of an existing Service
agreement, this may result in Positioning Universal discontinuing your use of the Site and / or Service.
Your information will be retained for as long as your account is active, needed to provide you with our
services and in adherence to the data privacy rights outlined within this “Data Privacy Regulations”
section. We will retain and use your information as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
Breach Protocol
In the case of a data breach, Positioning Universal will notify affected users within seventy-two (72)
hours of Positioning Universal becoming aware of the breach. The notification will include the nature of
the breach, measures to be taken to correct the breach and the primary point of contact for inquires at
Positioning Universal.
Data Retention
Positioning Universal will retain Personal Information for only as long as needed to fulfill the purposes for
which the data was provided and to meet any contractual or legal requirements. Positioning Universal will
delete or anonymize Personal Information when there is no longer a legitimate business need for it. If it is
not immediately possible to delete Personal Information because, for example, it has been backed up in
archives by third party partners, then Positioning Universal will work with its third-party partners to
securely store the Personal Information and isolate it from further processing until deletion is possible.
Amazon Web Services (AWS)
Positioning Universal has partnered with AWS to process and store all data for our Services in the United
States. AWS has in place effective technical and organizational measures to secure Personal Information
in accordance with GDPR. AWS is also a certified by Privacy Shield on the EU-US privacy framework.
Cross-Border Data Transfers
Any Personal Information (including Personal Information) that we collect may be transferred, accessed,
and processed outside of your country, as we and our service providers process data in the United States.
If you are located in the EEA, Switzerland, the UK, Canada, or other regions with laws governing the
processing of Personal Information that may differ from U.S. law, please note that your Personal
Information may be transferred to countries that do not have the same data protection laws as the country
in which you initially provided the information. We comply with applicable legal requirements providing
adequate safeguards for the transfer of Personal Information to countries other than the country where you
are located. In particular, we may transfer Personal Information to countries for which adequacy decisions
have been issued by the European Commission, the Secretary of State in the UK or other relevant bodies
in other jurisdictions, or use contractual protections for the transfer of Personal Information to third parties,
such as the European Commission’s Standard Contractual Clauses. You may contact us to obtain a copy
of the safeguards we use to transfer Personal Information outside the EEA, Switzerland, or the UK.
Privacy Shield
Positioning Universal complies with the EU-US 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. We have certified to the Department of Commerce our
adherence to the Privacy Shield Principles. Positioning Universal is also subject to the investigatory and
enforcement power of the Federal Trade Commission (FTC) for any failures to comply with the Privacy
Shield Principles. If there is any conflict between the terms in this Privacy Policy and the 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/list.
In compliance with the Privacy Shield Principles, Positioning Universal commits to resolve complaints
about our collection or use of your Personal Information. Individuals with inquiries or complaints
regarding our Privacy Shield policy should contact us at dataprotection@positioninguniversal.com.
An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints
regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms as
outlined here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Positioning Universal has selected JAMS (https://www.jamsadr.com/eu-us-privacy-shield), the largest
private alternative dispute resolution (ADR) provider in the world, as its independent dispute resolution
body to address any complaints that may arise and to provide appropriate recourse free of charge. The
purpose of this option is to provide a prompt, independent, and fair mechanism, at the option of
individuals, for resolution of claimed violations of the Principles not resolved by any of the other Privacy
Shield mechanisms, if any.
If you feel that we are not abiding by this Privacy Policy, you should contact us immediately.
Contact Information
If you have any questions about this Privacy Policy or the practices of this website, please contact
Positioning Universal by e-mail at dataprotection@positioninguniversal.com. If you prefer to contact us
by mail, please send any communications to:
Attention: Data Protection Officer
Positioning Universal Inc.
7071 Convoy Court, Suite 300
San Diego, CA 92111
Additional Information for California Residents
This section applies to California residents where we are acting as a “business” and provides additional
disclosures and our notice at collection and supplements in the information included in this Policy. The rights
described herein are subject to exemptions and other limitations under applicable law. Terms used herein
have the meaning ascribed to them in the California Consumer Privacy Act of 2018 (California Civil Code §§
1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time
("CCPA"). If you have a disability or would otherwise like to access this notice in an alternative format,
please contact us via the Contact Information section. For more information about our privacy practices and
details on the information provided in this section, please review our entire Privacy Policy.
Information We Collect
Depending on how you interact with us, we may collect the categories of Personal Information described
above in the section, “Information Collection, Purpose, Use, Disclosure, and Sharing,” including:
• Identifiers (such as your name, contact information, or IP address);
• Additional Categories of Personal Information Listed under Cal. Civ. Code § 1798.80(e) (for example
your signature or credit card number);
• Commercial Information (for example, records of products or services purchased or considered);
• Internet or Other Electronic Network Activity Information (such as browsing or search history);
• Geolocation Data (including precise physical location); and
• Inferences Drawn from Personal Information Collected (such as profiles reelecting your
preferences).
How We Use Collected Information
We may use the Personal Information we collect for our business purposes, described above in the section,
“Information Collection, Purpose, Use, Disclosure, and Sharing”.
What Information We Have Collected, Sources From Which Collected, and Purpose for Collection
In the preceding twelve (12) months, depending on how you interact with us, we may have collected the
categories of Personal Information listed above from you directly, via automated means such as when you
use our website, services, and apps, or from other sources, such as integrated third-party services that you
have requested us to access. We may have collected all or a few of these categories of Personal Information
in the “Information We Collect” section for the purposes described above.
Our Disclosure and Sharing of Personal Information
The chart below provides the categories of Personal Information we have collected, disclosed for a business
purpose, or used for business purposes in the preceding twelve (12) months since this Privacy Policy was
last updated. The examples of Personal Information provided for each category reflect each category's
statutory definition and may not reflect all of the specific types of Personal Information associated with each
category. In the preceding twelve (12) months, we have not sold any California resident's Personal
Information. We do not knowingly collect, use, disclose, or share the information of California residents under
the age of sixteen (16).
Categories of Information
We Collect and Use
Categories of Third Parties to Which Information
Disclosed for a Business Purpose
Identifiers (Like your name, billing and delivery
address, and online identifiers)
Advertising partners, Analytics providers, Technical
service providers, Providers or partners that support our
business operations (such as payment services
providers; shipping companies; etc.)
Additional Categories of Personal
Information in Cal Civ. Code Section
1798.80(e) (such as your credit card number or
other financial information)
Advertising partners, Analytics providers, Technical
service providers, Providers or partners that support our
business operations (such as payment services
providers; shipping companies; etc.)
Commercial Information (such as purchase
histories or tendencies)
Advertising partners, Analytics providers, Technical
service providers, Providers or partners that support our
business operations (such as payment services
providers; shipping companies; etc.)
Internet or Other Electronic Network
Activity Information (like browsing history or
interaction with our website)
Advertising partners, Analytics providers, Technical
service providers
Geolocation Data (including precise physical
location)
Technical service providers
Inferences Drawn from Personal
Information (like profiles reflecting
preferences, behavior and or attitudes)
Technical service providers, Providers or partners that
support our business operations (such as payment
services providers; shipping companies; etc.)
Your California Privacy Rights
If you are a California resident, you may have or exercise the following rights:
Right to know and access
You may submit a verifiable request for information regarding the: (1) the categories of Personal Information
we have collected about you; (2) the categories of sources from which we collected the Personal Information;
(3) the business or commercial purpose for collecting or selling the Personal Information; (4) the categories
of third parties with whom we share Personal Information; (5) the specific pieces of Personal Information we
have collected about you; and (6) the categories of Personal Information about you we have sold or
disclosed for a business purpose.
Right to Delete
Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about
you that we have collected from you.
Opt-out of sale
Request that we not sell your Personal Information (we do not currently sell Personal Information).
Not to be discriminated against
You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights,
subject to certain limitations.
Shine the light
We do not rent, sell, or share Personal Information with non-affiliated companies for their direct marketing
uses as contemplated by California’s “Shine the Light” law (Civil Code § 1798.83), unless we have your
permission.
Please note that the CCPA does not restrict our ability to do certain things like comply with other laws or
comply with regulatory investigations. We also reserve the right to retain, and not to delete, certain Personal
Information after receipt of a request to delete Personal Information from you, where permitted by the CCPA
or another law or regulation.
How to Exercise Your California Privacy Rights
Submit requests. To exercise your rights under the CCPA, or if you have any questions, comments, or
concerns about our processing activities, please email us at dataprotection@positioninguniversal.com,
submit your request using our Contact Us form, or write to us at Positioning Universal Inc., 6974 Convoy Ct,
San Diego, CA 92111.
Verification. Requests for access to or deletion of Personal Information are subject to our ability to
reasonably verify your identity in light of the information requested and pursuant to relevant CCPA
requirements, limitations, and regulations. To verify your access or deletion request, please authenticate your
account by following instructions in the account verification email and providing data points that will allow us
to process your request.
Authorizing an Agent. You are permitted to designate an authorized agent to submit requests on your
behalf. In order to be able to act, authorized agents have to submit proof that they are authorized to act on
your behalf, or have a power of attorney. We may also require that you directly verify your own identity with
us and directly confirm with us that you provided the authorized agent permission to submit the request.
