Hexagon Purus Data Collection Privacy Policy

Hexagon Purus Connected Vehicle Privacy Policy

Hexagon Purus Systems USA, LLC (the “Company,” “us,” “our,” or “we”) has developed this Connected Vehicle Privacy Policy (“Privacy Policy”) out of respect for the privacy of our customers with regard to the use of certain hardware and software features of your Tern Truck (“Tern Truck”) and the vehicle services provided to you by Hexagon Purus (“Services”)[1]. Your Tern Truck is equipped with hardware and software which allows you as the owner, lessee, or operator of a Tern Truck to receive Services available through the Hexagon Purus connected vehicle offerings. 

This Privacy Policy describes the personal information we collect, use, and disclose about you, or the company you represent (“you,” or “your”) in connection with the hardware and software which allows you as the owner, lessee, or operator of a Tern Truck to receive services available through the Hexagon Purus connected vehicle offerings. In connection with the Services we provide you, Hexagon Purus and its Service Providers may collect, use, and disclose certain information about you and your Tern Truck. This Privacy Policy only applies to the Services described in this Privacy Policy. Other websites, applications, and services offered by Hexagon Purus are subject to different privacy policies.

Collection of Personal Information and Sensitive Personal Information

For any vehicle connected to Hexagon Purus telematics devices, the following categories of personal information about you are collected based on your specific transactions and interactions with us using the Services. Data collected is primarily utilized for vehicle usage insight, diagnostic support, and performance evaluation.

[1]As used herein, the term “Services” shall mean the services Hexagon Purus provides to its Tern Truck customers, including but not limited to vehicle performance evaluation, safety improvements, connected vehicle diagnostics, remote and rapid service support, warranty and extended warranty determination, continuous product improvement and enhancements, and regulatory and compliance reporting. 

Of the above categories of Personal Information, the following are categories of Sensitive Personal Information the Company may collect from you:

1. Account Information (your Company account log-in, in combination with any required security or access code, password, or credentials allowing access to the account)
2. Protected Classifications (sex, gender)
3. Geolocation Data (IP address and/or GPS location, latitude & longitude)

Personal information does not include:

• Publicly available information from government records.
• Information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer, independent contractor, or applicant, or from widely distributed media.
• Information made available by a person to whom the consumer, independent contractor, or applicant has disclosed the information if the consumer, independent contractor, or applicant has not restricted the information to a specific audience.
• Deidentified or aggregated information.

We may collect your personal information from the following sources:

• Our employees and contractors, when you interact with them electronically or via direct communication
• Dealers when you interact with them electronically or via direct communication
• Hardware and software which allows you as the owner, lessee, or operator of a Tern Truck to receive services available through the Hexagon Purus connected vehicle offerings
• Company systems, networks, software applications, and databases you log into or use with the Services

We may disclose your personal information to/with the following categories of service providers, contractors, or third parties:

1. Product manufacturers/administrators
2. Government agencies
3. Data analytics vendors
4. Security and risk management vendors
5. Corporate customers
6. Original equipment manufacturers (OEM) (suppliers and makers of the products / vehicles we sell or lease to our customers)
7. Our subsidiaries and affiliates
8. Contractors, Service Providers, Dealers, and other third parties we use to support the Services
9. Third-Party telematics providers from whom you receive services in connection with the long-distance transmission of computerized information of your Tern Truck
10. A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Information held by us is among the assets transferred

We may collect your personal information for the following business purposes:

1. To fulfill or meet the purpose for which you provided the information.
2. To provide warranty coverage on products and services.
3. To provide and communicate recall notifications to customers.
4. To schedule, manage and keep track of customer appointments.
5. To maintain records of when customers decline a service or sale.
6. To respond to consumer inquiries, including requests for information, customer support, phone calls, and emails.
7. To improve user experience of the Services.
8. To detect security incidents.
9. To debug, identify, and repair errors that impair existing intended functionality of the Services.
10. To protect against malicious or illegal activity and prosecute those responsible.
11. To verify and respond to consumer requests.
12. To prevent identify theft.
13. To comply with any court order, law, or legal process, including to respond to any governmental or regulatory request
14. To enforce our rights arising from any contracts entered into between you and us
15. To the extent we believe disclosure is necessary or appropriate to protect the right, property, or safety of us, our customers, or others

We may disclose your personal information for the following business purposes as numbered above:

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.

We do not and will not use or disclose your sensitive personal information for purposes other than the following:

1. To perform the services reasonably expected by an average employee consumer or company who requests those services.
2. To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information.
3. To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.
4. To ensure the physical safety of natural persons.
5. For short-term, transient use.
6. To perform services on behalf of the Company.
7. To verify or maintain the quality or safety of a product, service or device that is owned, manufactured, manufactured for, or controlled by the Company, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the Company.
8. For purposes that do not involve inferring characteristics about the consumers or companies using the Service.

Retention of Personal Information

We will retain each category of personal information in accordance with our established data retention schedule as indicated above. In deciding how long to retain each category of personal information that we collect, we consider many criteria, including, but not limited to: the business purposes for which the Personal Information was collected; relevant federal, state and local recordkeeping laws; applicable statutes of limitations for claims to which the information may be relevant; and legal preservation of evidence obligations.

We apply our data retention procedures on an annual basis to determine if the business purposes for collecting the personal information, and legal reasons for retaining the personal information, have both expired. If so, we will purge the information in a secure manner.

Third Party Vendors

We may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited e-mail messages from vendors working on our behalf.

Business Transfers

In the event we sell or transfer a particular portion of its business assets, information of consumers, contractors and applicants may be one of the business assets transferred as part of the transaction. If substantially all of our assets are acquired, information of consumers, contractors and applicants may be transferred as part of the acquisition.

Compliance with Law and Safety

We may disclose specific personal and/or sensitive personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect our employees or the public.

Children Under the Age of 16

We do not knowingly sell or share the personal information of consumers under 16 years of age.

How We Protect the Information that We Collect

The protection of the information that we collect about users of the Services is of the utmost importance to us and we take every reasonable measure to ensure that protection, including:

• We keep automatically collected data and voluntarily collected data separate at all times.
• As appropriate, we use internal encryption on all data stores that house voluntarily captured data.
• We use commercially reasonable tools and techniques to protect against unauthorized access to our systems.
• We restrict access to private information to those who need such access in the course of their duties for us.

International Visitors

We do not target, market to, or offer our products or services to consumers outside of the United States. You agree not to submit your personally identifiable information through the website if you reside outside the United States. If we become aware that a person residing inside the European Economic Area, European Union, Great Britain, or Switzerland has submitted their personal information to us, we will delete it.

Rights Under the CCPA and CPRA

This section of the Privacy Policy applies only to California residents who are natural persons. If you are a California resident, you have the following rights pursuant to the California Consumer Privacy (CCPA) as amended by the California Privacy Rights Act (CPRA):

1. Right to Know. The right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected about you going back to January 1, 2025, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period, (2) the categories of sources from which the personal information was collected, (3) the business or commercial purpose for collecting, selling, or sharing this information, (4) the categories of third parties with whom we share or have shared your personal information, (5) the categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and (6) the categories of personal information that we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose;
2. Right to Access. The right to request, up to 2 times in a 12-month period, that we disclose to you, free of charge, the specific pieces of personal information we have collected about you going back to January 1, 2025, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period;
3. Right to Delete. The right to request, up to 2 times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions;
4. Right to Correct. The right to request that we correct inaccurate personal information (to the extent such an inaccuracy exists) that we maintain about you;
5. Right to Opt-Out. The right to opt-out of the selling or sharing of your personal information to third parties;
6. Right to Limit. The right to limit the use or disclosure of your sensitive personal information;
7. The right to designate an authorized agent to submit one of the above requests on your behalf. See below for how you can designate an authorized agent; and
8. The right to not be discriminated or retaliated against for exercising any of the above rights, including an applicant’s and independent contractor’s right not to be retaliated against for exercising the above rights.

You can submit any of the above types of consumer requests through any of the 2 options below:

1. Submit a request via email at Legal@hexagonpurus.com.
2. Call our customer support toll-free line at (949) 359-8168

How We Will Verify That it is Really You Submitting the Request

If you are a California resident, when you submit a Right to Know, Right to Access, Right to Delete, or Right to Correct request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with us. For example, we may need you to provide your name, email, phone number, IP address, browser ID, amount of your last purchase with the business, and/or date of your last transaction with the business.

Responding to Your Right to Know, Right to Access, Right to Delete, and Right to Correct Requests

Upon receiving a verifiable request from a California resident, we will confirm receipt of the request no later than 10 business days after receiving it. We endeavor to respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days, or 90 calendar days total from the date we receive your request), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

For a request to correct inaccurate personal information, we will accept, review, and consider any documentation that you provide, and we may require that you provide documentation to rebut our own documentation that the personal information is accurate. You should make a good-faith effort to provide us with all necessarily information at the time that you make the request to correct. We may deny a request to correct if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive. If we deny your request to correct, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.

Responding to Your Request to Limit the Use of Sensitive Personal Information

We will act upon a verifiable request to limit the use of sensitive personal information within fifteen (15) business days of its receipt. We will notify all third parties that use or disclose sensitive personal information of your request to limit and instruct them to comply with the request within the same time frame. We will notify you when this has been completed by mail or electronically, at your option.

A request to limit need not be a verifiable request. However, we may deny a request to limit if we have a good faith, reasonable, and documented belief that a request to limit is fraudulent. If we deny your request to limit, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.

If You Have an Authorized Agent:

If you are a California resident, you can authorize someone else as an authorized agent who can submit a request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized power of attorney or (b) provide other written, signed authorization that we can then verify. When we receive a request submitted on your behalf by an authorized agent who does not have a power of attorney, that person will be asked to provide written proof that they have your permission to act on your behalf, and we will also contact you and ask you for information to verify your own identity directly with us and not through your authorized agent. We may deny a request from an authorized agent if the agent does not provide your signed permission demonstrating that they have been authorized by you to act on your behalf.

Other California Privacy Rights

The California Civil Code permits California Residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an email Legal@hexagonpurus.com, call, or write to us at the address listed below. Please mention that you are making a “California Shine the Light” inquiry.

Consent to Terms and Conditions

You consent to the collection, use, and disclosure of information described in this Privacy Policy by (1) enrolling in Hexagon Purus Connected Vehicle at any time, (2) by choosing not to opt-out of Hexagon Purus Connected Vehicle at the time of delivery of your Tern Truck or at any other time, or (3) by using the Services at any time. By providing your consent, you have agreed that Hexagon Purus and its Service Providers may collect, use, and disclose information about you and your Tern Truck for the Business Purposes as defined in this Privacy Policy.

Changes to Our Privacy Policy

As our services evolve and we perceive the need or desirability of using information collected in other ways, we may from time to time amend this Privacy Policy. We encourage you to check our website frequently to see the current Privacy Policy in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy, we will post the revised Privacy Policy and the revised effective date on this website. Please check back here periodically or contact us at the address listed at the end of this Privacy Policy.

Consumers With Disabilities

This policy is in a form that is accessible to consumers with disabilities.

Questions About the Policy

This website is owned and operated by Hexagon Purus Systems USA, LLC. If you have any questions about this Privacy Policy, please contact us at Legal@hexagonpurus.com