Our Commitment To Privacy
Your privacy is important to us. To fully inform you what data we will treat as private, we provide this notice explaining our online information practices. This privacy notice pertains to the Vigillo website at http://vigillo.com. The Vigillo website may contain links to other websites. Vigillo is not responsible for the information practices or the content of such other websites.
We collect certain data from all visitors to our website – regardless of whether you are a customer. We collect information about your visit that is not intended to identify you personally. We can identify the computer, browser, and web service you are using. We can tell and may record information about the date and time of your visit and the pages and features you view. We record any information that you enter in response to requests for or invitations to provide information, comments, or communication, that may appear on our website.
We collect this basic visitor data primarily for the purpose of allowing the website to function as intended, providing you with information you need, making the website easy to use, addressing security and virus concerns, and improving our services to match visitor preferences.
Although we do not collect visitor data for the purpose of identifying you personally, some data you provide may allow us to identify you. For example, if your e-mail address contains your full name and you enter it on the site or it is otherwise available to us as a result of your visit, we may be able to identify you. Personal identification is not the purpose of collecting this type of data, however.
In addition to the information we collect from all visitors, we collect the following information about customers who have been assigned access codes for use of our website:
- Name and address
- Access codes and passwords
- Your DOT number(s) and PIN(s)
- Data about your operations maintained by the Federal Motor Carrier Safety Administration
- Payment and billing data
Our purpose in collecting this customer data is to identify you, register you for a unique Vigillo customer account, ensure that data about your operations is available only to you unless you approve our disclosing it to others, provide you with reports and summaries based on your data, provide customer support, and otherwise provide you the services through our website that are offered to our customers.
Correcting and Updating Your Information
You may update or change any incorrect customer data that we have collected by contacting our support personnel.
Vigillo uses robust security measures to protect your customer data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of your customer data. When the customer section of our website is accessed using Internet Explorer version 6.0 or later or Firefox version 2.0 or later, Secure Socket Layer (“SSL”) technology protects your customer data using both server authentication and data encryption. These technologies help ensure that your customer data is safe, secure, and only available to you and those to whom you have granted access. Vigillo also implements an advanced security method based on dynamic data and encoded session identifications. We host our websites in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. You should recognize, however, that no technology is completely secure, and that there is a risk (we take steps to make it very small) that someone could gain unauthorized access to data we maintain.
Access to Information
As a general rule, we do not provide customer data to anyone other than you. We will not disclose, sell, rent, or trade your name and address or similar identifying information to others for the purpose of marketing third-party goods or services.
Because visitor data is not intended to be personally identifiable, we may provide it to third parties. For example, we may provide visitor data (but not personally identifiable customer data) to a third party who is collecting data about website usage and visitor preferences, or to consultants working with us to assess the features, usage, or operation of our website.
We may use customer data for quality control purposes or to provide you with additional information that we believe is applicable to trucking operations. For example, we may send you newsletters or e-mail alerts. We may use third parties for these purposes, and may provide them with your personally identifiable information if necessary for them to assist us.
We may remove identifying information from your customer data, and disclose or use the resulting de-identified data for historical, statistical, or business planning purposes.
If Vigillo or some of our assets are sold or transferred or used as security, or we begin discussions of such a transaction, the information we have collected may be disclosed or transferred on a confidential basis in connection with the transaction or discussions.
We may disclose information we have collected if requested to do so by law enforcement officials, if required to do so by law or court order, if the information is requested in matters involving claims of personal or public safety or alleged violation of third party rights, or if necessary to protect or enforce our own rights. In each of these cases, we may disclose information without your consent or court process.
You are responsible for maintaining the security and confidentiality of your Vigillo access codes and passwords. If you permit others to use your access codes and passwords, either intentionally or by not keeping them secure and confidential, others may be able to access the data, reports, and summaries that we provide about your business.
Changes to this Privacy Statement
630 NW 10th Avenue
Portland, OR 97209
Vigillo Service Terms
These Service Terms are part of the agreement under which Vigillo, LLC (“we,” “us,” or “Vigillo”) provides reporting and analysis of truck fleet and driver data and other services (the “Services”). Vigillo customers (“you”) are agreeing to these terms by using our Services.
1. Access to Services.
1.1 Access. Subject to these Service Terms, we will provide you with access to the Services solely for your internal business purposes. Access will be provided during any trial period and the period for which you pay Vigillo’s subscription fees (the “Service Period”).
1.2 Access Codes. We will assign you one or more access codes for you to use to access the Services. We may assign separate access codes for individual Services, or for different levels of authorized use. We will permit access to the Services by your employees to whom you provide access codes we assigned to you (“Authorized Employees”). You are responsible for maintaining the confidentiality and security of access codes, and for any action taken by persons who obtain the access codes.
2. Requirements for Information on Employed Drivers. Information that we provide you about drivers you currently employ is subject to the following requirements:
2.1 No Credit Decisions. You must use the driver information only in connection with an investigation of (i) suspected misconduct relating to employment, or (ii) compliance with federal, state or local laws and regulations or your own preexisting written policies. Driver information may not be used to investigate the credit worthiness, credit standing, or credit capacity of any driver.
2.2 Limited Access. You may not communicate the driver information to any person other than your personnel, your agent, any federal or state officer, agency or department, or any officer, agency or department of a unit of general local government, or as otherwise required by law.
2.3 Summary. If you take adverse action against any driver based in whole or in part on driver information we provide, you must promptly disclose to that driver a summary of the nature and substance of the information we provided that is the basis for the adverse action.
3. Access to Training Data. Our driver safety training service is provided under an arrangement with a third party service provider. By having your drivers use the safety training service, you agree that the third party service provider may provide us with training data and analysis regarding your drivers who participate in or are referred to the safety training service, so that Vigillo can use the data and analysis to provide services to you.
4. Required Equipment and Software. Access to the Services requires an appropriate connection to the Internet. You are solely responsible, at your own expense, for acquiring, installing, maintaining, and updating all hardware, computer software, and communications capability necessary for you and your employees to connect to, access, and use the Services.
5.1 Subscription Fee. We charge a monthly subscription fee for access to the Services. We may change the subscription fee or the period covered by the subscription fee by giving you notice of the change, by posting the change on our website, or by changing these Service Terms as provided in Section 21 below. Separate subscription fees may be charged for individual Services.
5.1 Data Storage Fee. We charge a monthly fee for the storage of customer-uploaded documents and data files. Each customer account receives 5GB (Gigabytes) of storage at no additional cost. Additional 5GB storage blocks will be charged each month as required.
6. Support. During the Service Period, we will provide you with the following support services, the charge for which is included in the subscription fee:
6.1 Telephone Support. Vigillo personnel will be reasonably available for telephone consultation from 8 am to 5 pm, Pacific time, Monday through Friday, except federal banking holidays. Your Authorized Employees may report problems and seek assistance with the Services during these hours. We will provide assistance to your Authorized Employees by using reasonable efforts to answer questions about the use or results of the Services. We may employ a message center to take support calls.
6.2 On-Line Support. WWe will maintain an e-mail address and web page through which your Authorized Employees may report problems and seek assistance with the Services. Support personnel will monitor e-mail and web requests for support on a regular (but not continuous) basis, and will use reasonable efforts to answer questions about the use or results of the Services.
6.3 Change in Support. We may change the support program at any time by updating these Service Terms, as provided in Section 21 below.
7. Ownership of the Service. Vigillo and its licensors retain ownership, including all copyright, patent, trademark and trade secret rights, in and to the Services and all software, content, and other components made available through or otherwise used to provide the Services. We reserve any rights not expressly granted to you under these Service Terms.
8. Limited License to Copy. You may copy for internal use only any reports or data generated through use of the Services, and any other content accessed through the Services that indicates it may be copied by our customers.
9. Content. The Services permit access to data and content provided by third parties. Content has been obtained from sources believed to be reliable. However, Vigillo does not guarantee the accuracy, adequacy, or completeness of the content and is not responsible for any errors or omissions.
10. Limited Warranty; Sole Remedy. We warrant that the Services will substantially conform to the description of the Services in any written or on-line materials provided to you. If the Services do not conform to this warranty, Vigillo will refund to you a pro rata portion of the subscription fee for that period of time during which you were unable to effectively use the Services on account of the nonconformity. Any refund must be requested within 30 days after you first encounter any nonconformity. The refund is your sole remedy in case of breach of the foregoing warranty.
11. Disclaimer. EXCEPT AS STATED IN SECTION 10 ABOVE, VIGILLO MAKES NO WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. VIGILLO DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE.
12. Responsibility for Use.
12.1 Customer Use. The Services provide you with data for you to assess and use as you see fit. We do not suggest, control, or monitor the choices you make as to use of the data or changes in your business operations based on the data.
12.2 Customer Responsibility. You are solely responsible for any use made of the Services and for any data received through the Services. In particular, although the Services are intended to provide you with information that can help you monitor and improve the efficiency, safety, and compliance record of your operations, you are solely responsible for those and all other aspects of your operations, and acknowledge that the Services do not constitute advice as to managing your operations.
13. Indemnity by Customer. You will indemnify Vigillo and its employees against any and all liabilities, losses, costs, and expenses, including attorney fees at trial and on appeal, arising out of (a) your use of the Services and data and reports provided through the Services, (b) any claim by your employees, personnel, or applicants relating to your use of the Services, or (c) your breach of these Service Terms.
14. Limitation of Liability. YOU AND EACH USER OF THE SERVICES ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. VIGILLO WILL NOT BE LIABLE FOR ANY CLAIMS ATTRIBUTABLE TO ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION OR MATERIAL PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL VIGILLO BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF VIGILLO WAS INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. VIGILLO'S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES OVER THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH IS THE BASIS FOR LIABILITY.
15. Protection of Vigillo's Rights.. To minimize the risk of intentional or inadvertent violation of Vigillo's exclusive rights, you will:
15.1 Take reasonable steps to make your personnel aware that the Services are made available subject to these Service Terms, and to ensure that you and your personnel comply with these Service Terms;
15.2 Make no attempt to, and not permit employees or any other third party to make any attempt to, (a) copy, alter, modify, improve, or reverse engineer the Services or related software; or (b) interfere in any manner with the hosting and provision of the Services;
15.3 Not develop or offer for sale any service or business that is functionally similar to the Services, and not assist any third party or other person in doing so; and
15.4 Not remove or obscure Vigillo's copyright, trademark, proprietary rights, disclaimer, or warning notices appearing on any content provided as part of the Services, including reports obtained through the Services.
16. Certain Restrictions on Use
16.1 Limited Access Rights. Except as expressly authorized under these Service Terms, you may not provide access to the Services to others or copy, transfer, or otherwise distribute the Services or any components of the Services to others.
16.2 Unacceptable Behaviors. You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose, (b) to send spam or other types of unsolicited e-mail of any kind, regardless of the content or nature of the messages, (c) to send any virus, worm, Trojan horse, or harmful code or attachment, or (d) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If you or your personnel violate any of the foregoing prohibitions, Vigillo may immediately suspend and/or terminate your access to the Services.
17. Your Confidential Information
17.1 Defined. In the course of providing certain Services, we may have access to your Confidential Information. Except as excluded below, “Confidential Information” means nonpublic information that you provide to us about your personnel, personnel you are considering hiring, or your existing or proposed business, products, or services.
17.2 Protection from Disclosure. We will not disclose your Confidential Information to others, except as provided below. We will protect Confidential Information from disclosure by using reasonable care, but at least the same degree of care as we use to protect our own confidential information. We may disclose Confidential Information to our employees and consultants who need to know Confidential Information in connection with the Services and who are obligated to treat the information as confidential.
17.3 Use. We will not use or allow others to use Confidential Information, except for purposes of providing you with the Services or as otherwise permitted by these Service Terms.
17.4 Required Disclosure. We may disclose your Confidential Information that is required to be disclosed by law or by request of any government authority.
17.5 Scope. This Section 17 will remain in effect as long as we possess your Confidential Information, but will not apply to information that: (i) is or becomes publicly available through no fault of ours; or (ii) we receive or have received in good faith from a third party having no obligation of confidentiality to you; or (iii) we independently develop without reference to Confidential Information received from you, as evidenced by our written records; or (iv) is already in our possession before you disclose it to us; or (v) you give us permission to use or disclose on a nonconfidential basis.
18. Suggested Changes. If your personnel suggest modifications or additions to the Services ("Suggested Changes"), you may notify us of the Suggested Changes if you would like us to consider making them part of the Services. You hereby grant us a perpetual, royalty-free license to use the Suggested Changes and will take reasonable steps to secure the consent of your personnel to the license.
19.1 Client List. You grant Vigillo permission to include your name in its list of clients, and to publicize the fact that Vigillo has provided the Services to you.
19.2 Comments. You grant Vigillo permission to use comments about the Services from your personnel (identifying the person only as your employee) in Vigillo's marketing materials, and on request will obtain permission from your personnel to use their names and comments about the Services in Vigillo's marketing materials. If you request approval rights in writing, Vigillo will submit your personnel’s comments to you for approval before publication, which you will not unreasonably withhold.
20. Termination. Your right to access the Services expires at the end of the period for which you have paid the subscription fee. Either party may terminate the Services earlier if the other party defaults in the performance of its material obligations and does not cure the default within 10 days after notice describing the default. We may terminate the Services at any time in our discretion, in which case we will refund to you that part of the subscription fee paid for the remainder of the Service Period, prorated on a daily basis.
21. Amendment. We may supplement or amend these Service Terms from time to time by posting the supplemented or amended terms on our website. Any such supplemented or amended terms will become part of your agreement with us effective 30 days after we post the new Service Terms on our website and either give you notice of the new terms as provided in Section 30 or post a notice that the Service Terms have changed on the home page or customer log-in page of our website. If you do not wish to agree to the new Service Terms, you may terminate your agreement with us within the 30-day period, and will receive a refund of the subscription fee paid for periods after the termination date. Any other amendment to these Service Terms must be in writing, signed by both parties.
22. Arbitration. Any dispute concerning these Service Terms will be settled by final and binding arbitration using the rules of Arbitration Service of Portland, Inc. Unless otherwise agreed, arbitration will be conducted in Portland, Oregon, before a single arbitrator. The parties will be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure as in effect where arbitration occurs, limited to document production and depositions and subject to further limitation by the arbitrator to secure just and efficient resolution of the dispute. If the amount in controversy exceeds $100,000, the arbitrator's decision will include a statement specifying in reasonable detail the basis for and computation of the award, if any. Judgment upon the award may be entered in any court having jurisdiction. Nothing herein, however, will prevent either party from resorting to a court of competent jurisdiction solely to seek injunctive relief.
23. Assignment. Vigillo may assign our agreement with you to any successor organization that acquires substantially all the assets of Vigillo related to the Services. Neither you nor Vigillo may otherwise assign any rights or obligations under our agreement with you without the other party's written consent. Our agreement with you, including these Service Terms, will be binding upon and inure to the benefit of the parties' respective successors and permitted assigns.
24. Attorney Fees. In any litigation or arbitration proceeding between the parties, the prevailing party will be entitled to recover reasonable attorney fees and expenses, including attorney fees and expenses on appeal or petition for review. The prevailing party means the party that prevails (whether affirmatively or by means of a successful defense) with respect to the claims having the greatest value or importance as reasonably determined by the court or arbitrator.
25. Entire Agreement. These Service Terms and any other written agreements signed by both you and Vigillo represent the entire agreement between you and Vigillo. PROVISIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT YOU SUBMIT WILL NOT BE BINDING ON VIGILLO.
26. Force Majeure. Neither party will be held responsible because of any delay in performance or noncompliance with any provisions of these Service Terms that results from an unforeseeable act, event, or omission beyond its reasonable control and without its fault or negligence, including but not limited to, negotiation deadlock, strikes, walkouts, civil commotion, riots, wars, fires, explosions, floods, earthquakes, embargoes, or acts of civil or military authorities.
27. Governing Law. Our agreement with you, including these Service Terms, is governed by Oregon law without regard to conflicts of law principles.
28. Independent Contractor Status. The parties are independent contractors. Nothing in these Service Terms is to be construed as creating relationships of partners, employer and employee, or principal and agent between the parties.
29. No Exclusivity. Vigillo may provide services or materials of any nature to any other person.
30. Notices. Notices and other written communications under these Service Terms will be deemed effectively given when delivered in person or sent by fax or e-mail, four days after being deposited for delivery by certified mail, return receipt requested, or one business day after being deposited for delivery by overnight courier, addressed to you at the last address you provided us or addressed to us as stated below. A copy of any notice sent by fax or e-mail is to be sent promptly by overnight courier to the recipient. Either party may change the address at which it receives notices by giving notice of the change to the other party. Our address for notices is: Vigillo, LLC, 630 N.W. 10th Avenue, Portland, Oregon 97209, Attention: President, email@example.com.
31. Severability. If any provision of these Service Terms is held invalid or unenforceable in any jurisdiction, then, to the fullest extent permitted by law, (a) the affected provision will remain in full force and effect in all other jurisdictions and (b) all other provisions will remain in full force and effect.
32. Taxes. You are responsible for all taxes arising out of these Service Terms or your use of the Services, including sales, use, business and occupation, gross receipts, and personal property taxes, but excluding corporate franchise taxes imposed on Vigillo, taxes based on Vigillo's gross or net income, and payroll taxes required to be paid with respect to Vigillo's officers, employees, and agents engaged in the performance of these Service Terms. If Vigillo is required to pay any taxes allocated to you in the preceding sentence (or related penalties or interest), you will promptly pay to Vigillo the amount paid or required to be collected or paid by Vigillo. If you are exempt from paying applicable sales or use taxes, then you will provide Vigillo, upon Vigillo's request, with a copy of your tax exemption certificate or other evidence satisfactory to us demonstrating that you are exempt from state, county, city or other local sales or use taxes. You will notify Vigillo in a timely manner of any change in your sales or use tax status.
33. Time Limitation. No action or proceeding, regardless of form, relating to these Service Terms may be brought by either party more than 12 months after the accrual of the claim on which the action or proceeding is based.
34. Venue. Subject to the requirement that certain disputes be submitted to arbitration, the state courts in Multnomah County, Oregon, and the United States District Court for the District of Oregon will have exclusive jurisdiction over the parties with respect to any dispute or controversy between the parties arising under or in connection with our agreement with you, including these Service Terms, and you consent to such jurisdiction. You agree that venue in such forums for purposes of litigation, including any litigation over the arbitration provision of these Service Terms, is proper and waive any claim that such forums are inconvenient or that a more convenient forum can be found.
If you need help, please contact your manager or your company’s Vigillo administrator for assistance.
Vigillo administrators: Please contact Vigillo support directly.