Inorder for you to use parts of the Site or the Services you will have to complete a registration form and create a user account (a “User Account”). Aspart of this registration process and in other circumstances, such as participation in promotional offers, we may require select personally identifiable information (“Personal Information”) such as the information listed in paragraph 3 below.
We may collect, use, disclose and retain Personal Information for the following purposes:
to open and maintain an account with us;
to offer and provide licenses to use the ShipperBee Site or Services;
to track when you are logged in to or out of the system;
to track when you are at a distribution point, and what time you arrive and leave there;
to track your progress through a delivery route and whether ShipperBee packageshave been successfully delivered;
to track the exact route travelled along with the speed, time and any stops in between;
to calculate Carrier Fees;
to communicate with the emergency services (e.g. if you are involved in anaccident);
to gather any other data required in order to oversee delivery performance, make improvements to the system, to process orders for products/services, etc.;
to process payments;
to input Carrier, shipper and mailbox ratings;
to verify your identity as an authorized user concerning any accounts, and to implement, carry out and maintain security measures aimed at protecting our customers from identity theft, fraud and unauthorized access to accounts;
to comply with legal or regulatory requirements (including those related to security);
to promote and market products and services offered by us through text, email,phone or any other viable communication method;
to respond to inquiries from you
Except as required for the foregoing, or where required by applicable law to do so, ShipperBee does not disclose Personal Information to third parties without your prior consent.In certain circumstances the Personal Information we collect and maintain may include:
your name, address, telephone number, email address or other information to contactor identify you;
information about the services provided to or by you;
information about your transactions with us, including transactions, payment or billing history, credit card information, and other details and preferences;
information from communications with you, including your feedback and requests for customer care;
site activity information and cookies (see below);
locationinformation of your mobile device when any one of our Apps is open on your device;
For example, we may automatically collect certain information from you, including but not limited to your browsertype, device type, operating system, software version, Internet Protocol("IP") address, geolocation, phone model, phone operating system, andthe domain name from which you accessed the Services. We also may collect information about your use of a Site or App, including the date and time you visit the Site or App, the areas or pages of the Site or App that you visit,the amount of time you spend viewing or using the Site or App, the number of times you return to the Site or App, other click-stream or site usage data, emails that you open, forward or click-through to our Site or App, and other sites that you may visit. We may also use third party cookies and other technologies to support our Services, provide services on our behalf, facilitate business transactions on our behalf, or provide relevant advertising to you. Some of these third parties may use technology such as cookies, web beacons, pixel tags, log files, or Flash cookies on our Sites or Apps, which may send some of the above-referenced information to those third parties.
Certain parts of our Sites and Apps require cookies. You are free to set your browser or operating system settings to limit certain trackingor to decline cookies, but by doing so you may not be able to use certain features on the applicable Site or App, or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or"Help" section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Certain parts of our Sites and/or Apps may also include advertisements from third parties. You can opt-out of being targeted by certain third-party ad-servers and ShipperBee served ads online using the National Advertising Initiative opt-out tool, the About Ads opt-out tool, oron TRUSTee’s site.
When we collect, use or disclose Personal Information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete. This may involve requesting further information or updates from you. We do request that you advise us of changes to your Personal Information so that our records may remain current.
By visiting your User Account settings on the ShipperBee site, you can correct,amend, add or delete certain personal information on our Site.
The law allows us, for legal or business purposes, to retain Personal Information for as long as is reasonable. Upon expiry of an appropriate retention period,bearing in mind reasonable legal and business requirements, Personal Information will either be destroyed in a secure manner or made anonymous. You should be aware that there may be legally required minimum retention periods,which we must and do observe.Should any consent, where consent is required, to our collection, use, disclosure or retention of Personal Information be revoked, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of any required consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking the irconsent where it is reasonable in the circumstances to do so.
We recognize our legal obligations to protect Personal Information collected during the course of carrying on business. We have therefore made reasonable arrangements to secure against the unauthorized access, collection, use,disclosure, copying, modification, disposal, or destruction of Personal Information by using a variety of commercially reasonable safeguards designed to protect your Person Information.All interactions with our services use the Transport Layer Security/Secure Sockets Layer (TLS/SSL) protocol. We use a third-party, industry-accepted Payment Gateway to securely process credit card transactions.
Please note that our website and our online services may contain links to other websites which are provided as a convenience for visitors to our website or users of our services only. Any third-party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties or their websites.
The law permits individuals to submit written requests to us to provide them with:
access to their Personal Information, if any, under our custody or control;
information about the purposes for which their Personal Information under our custody or control has been and is being used by us; and
the names of persons or entities to whom, and the circumstances in which, their Personal Information has been and is being disclosed by us.
Note that your ability to access your Personal Information under our control is not absolute and we reserve all our legal rights to not disclose Personal Information should we be of the view that it is not appropriate or reasonable to do so.
Our response to requests for access to Personal Information will in all cases be in writing, and will confirm whether we are providing all or part of the requested information, whether or not we are allowing access or providing copies, and, if access is being provided, when that will be given.If access or copies are refused by us, we will provide written reasons for such refusal and the section of The Personal Information Protection and Electronic Documents Act or other applicable privacy legislation on which that refusal is based, along with the name of the person at ShipperBee who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Canada or other applicable regulator to review our decision.
The law permits individuals to submit written requests to us to correct errors or omissions in their Personal Information where that information is in our custody or control. We do require that all such requests be in writing, with no exceptions, and email is not considered to be in writing. We reserve the right to require sufficient information and detail from the individual in question in order to properly locate the information and provide a response.In the event that an individual alleges inaccuracies, errors or omissions in the Personal Information in our custody or control, we will either:
correct the Personal Information and, if reasonable to do so, send correctionnotifications to any other organizations to whom we disclosed the incorrectinformation; or
decide not to correct the Personal Information but annotate the Personal Information that a correction was requested but not made.
Correctionsor amendments will not be made to opinions, including expert or professional opinions, as opposed to factual information, which may be corrected if in error.
If you have any questions with respect to our policies concerning the handling of your Personal Information, or if you wish to request access to, or correction of, your Personal Information under our care and control, please contact our Privacy Officer at: email@example.com.
Drivers: Carrier Service Agreement (the “Agreement”)
ShipperBee Canada Inc. is a software and technology licensing company providing a digital marketplace for parcel delivery transactions between parcel shippers and independent contract carriers (“Carrier(s)”). Using this software (the “App” or the “ShipperBee System”) allows a Carrier to:
See what parcels are available to pick up and where to drop them together;
how much a Carrier can earn picking up and dropping parcels off;
View a suggested route to help optimize time;
View a dashboard for account set-up and review (settings, delivery history, ratings etc.);
Rate locations, pick-up, mailbox and delivery;
View training videos and answer quizzes to establish and maintain your certification;
View your customer ratings; and
Submit questions or comments to ShipperBee.
This Agreement, made upon acceptance by You, is between ShipperBee Canada Inc. (hereinafter “ShipperBee”) and the individual (hereinafter "You" or the "Contractor" or the “Carrier”).
For valuable consideration, the parties hereto agree as follows:
You are hereby engaged by ShipperBee as a non-exclusive independent contractor of ShipperBee to accept and provide pick-up and delivery services (the "Services") made available to You based upon Your App settings and location. You retain the right to provide Services to other parties at any time and as such will represent Yourself as an independent contractor. As such, ShipperBee does not carry any automobile, property & casualty, worker’s compensation, liability, disability or other insurance on your behalf. By entering into this Agreement Carrier is representing and warranting to ShipperBee that You have and will maintain in good standing a valid driver’s license and the insurance coverage required under this Agreement, that You will provide ShipperBee with evidence of same promptly on request, that You will advise ShipperBee immediately of any changes in the status, terms or conditions of Your driver’s license that affects your ability to perform the Services and that You will advise ShipperBee immediately upon becoming aware of any accident, incident, claim or other matter pertaining to Your insurance policies that arises from or relates to Your performance of the Services. Should You wish to carry additional insurance types, coverages or amounts, it is Your responsibility to procure such insurance for Your use.
Either ShipperBee or You may terminate this Agreement at any time, by email or other written communication, upon which the Agreement shall terminate without any further action on the part of ShipperBee or You. If You do not provide any Services to ShipperBee during any consecutive six (6) month period, the Agreement will be deemed terminated.
You are not required to perform any minimum level of Services, and You can provide the Services at such times, and during such intervals, as You alone determine. You can refuse to perform the Services at any time, however should You have accepted a request for Services and that Service is in process, You are required to follow appropriate steps to safely and securely perform the Service in a timely manner. You are not required to follow any suggested routes, directions or otherwise in connection with Your performance of the Services, provided that You comply with any code(s) of conduct published by ShipperBee for its independent contractors, as amended from time to time.
You acknowledge that Your provision of the Services requires use of Your own business judgement, and that Your efficiency in providing the Services in connection with this Agreement may result in a range of business outcomes including the chance for profit and the risk of losses.
No relationship of principal to agent, master to servant, employer to employee or franchisor to franchisee, partnership or joint venture is established between the parties. You acknowledge and agree that You are responsible for payment of all permits, licenses, insurance, health benefits, workers compensation or insurance, disability benefits, employment insurance and all taxes (including without limitation, all federal, state/provincial and local taxes of any kind associated with the services You provide). You willindemnify and save ShipperBee harmless (including by way of a right of set off which ShipperBee may apply, in its sole discretion, from amounts otherwise due to You) from any claims against ShipperBee by any governmental authority relating to payment of any such taxes or amounts in lieu thereof, and interest thereon levied or otherwise based on amounts payable or paid to You by ShipperBee.
You represent and warrant as follows:
You have, and will continue to maintain for the duration of the Agreement, a valid Carrier's license and will advise ShipperBee immediately upon becoming aware of the expiry of or any change in terms, conditions or status of such license that would prevent, limit or restrict Your ability to provide the Services;
Should You use a motorized vehicle, You own, or have the legal right to operate, a duly registered motor vehicle (the "Vehicle");
Any Vehicle used in conjunction with this service is in good operating condition and meets the industry safety standards for a vehicle of its kind;
You have a valid policy of liability insurance for the Vehicle of not less than $1,000,000.00 (in industry-standard coverage amounts), allowing for delivery of cargo, including any insurance that is required by applicable laws in the province or territory, and will furnish evidence of such insurance to ShipperBee promptly upon request;
You have obtained such permits, licenses, approvals, and authority that may be required under the laws of the province or territory to perform the Services;
You are legally able to enter into this agreement under the applicable law of Carrier’s province or territory, or country;
You personally own and have registered with a carrier, a smartphone which is compatible with the ShipperBee System minimum required operating systems or higher, as amended from time to time, in order to perform the Services (as of March 2020 these are IOS11 or Android 7.0);
You will not knowingly carry any prohibited items either in conjunction with providing the Service or of Your own accord while You are providing the Service; and
You will not operate any vehicle nor engage in any Services while intoxicated or otherwise impaired.
You will be solely responsible for any and all liability which arises or is alleged to arise as a result of You providing the Services or the operation of the Vehicle including, but not limited to personal injuries, death and property damages. You will obey all local laws related to the performance of the Services and will be solely responsible for any violations of such local laws. You will keep secure and confidential any account password(s) or any identification we provide You from time to time.
You will provide ShipperBee with proof of identity, which may be reasonably requested, within 2 days of said request. You consent to ShipperBee's completion of a check for records of criminal charges and convictions, credit and social media within or outside the province or territory from time to time, including the sharing of such information with other parties contracting with ShipperBee for the use of Your Services, and agree to provide such information to ShipperBee as may be required for such purpose.
Each Driver shall maintain the safety of their vehicle in accordance with applicable, local law. Drivers shall also ensure that their vehicle is clean when performing Services for the Company. Drivers will ensure that there are no stickers, decals or other additions or signs etc. on their vehicle that:
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another Person;
exploits people in a sexual or violent manner;
constitutes obscenity, contains nudity, excessive violence, or offensive subject matter or links to an adult website; or
is threatening, obscene, defamatory or libelous
ShipperBee reserves the right to change payment rates or terms based on business requirements or market conditions at any time.
ShipperBee grants You a non-exclusive, personal, non-transferable, non-sublicensable, limited license, to use and install the App(s) solely in connection with Your registered device, (the “License”).
ShipperBee does not permit You to download, access or use any part of the ShipperBee System in connection with any device that You do not own and have not registered with ShipperBee. You will be permitted to download and use firmware and software made available by ShipperBee for the ShipperBee System, including certain the App. The App(s) may be accessed through Apple App Store and Google Play Store or through different or additional websites later designated by ShipperBee (each, a “Site”).
You agree that ShipperBee (or, if applicable, its licensors) has and will retain all right, title, interest and ownership in and to their Sites, the ShipperBee System and all components thereof (and all modifications, improvements, and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein.
ShipperBee and its licensors reserve all rights and licenses not expressly granted to You.
You further acknowledge that the products and services made available by ShipperBee from time to time and all rights therein are and shall remain ShipperBee's property or the property of ShipperBee's licensors. Neither this Agreement nor Your provision of the Services convey or grant to You any rights: (i) in or related to the products or services offered by ShipperBee from time to time; or (ii) to use or reference in any manner ShipperBee's name, logos, product and service names, trademarks or services marks or those of ShipperBee's licensors.
ShipperBee will receive and store any information You enter on our website and mobile applications, or otherwise provide to ShipperBee at our request, while providing Services, and through other interactions and communications You have with us, our mobile application or our website. ShipperBee will collect data about Your use of such licensed materials, Your geo-location and related tracking data, and other personally identifiable information. For example, ShipperBee will:
track when You are logged in to or out of the system;
track what time You arrive at and what time You leave a distribution point;
track Carrier progress through a delivery route
track when a ShipperBee packages have been successfully delivered;
track the exact route travelled, including but not limited to: the speed, time and any stops made in between;
calculate Carrier fees;
communicate with the emergency services if necessary (e.g. if You are involved in an accident), and
collect any other data reasonably required, in ShipperBee’s sole discretion, in order to oversee delivery performance, make improvements to the system, etc.
As part of this Agreement You agree that ShipperBee is permitted to communicate with You via text message, email or any other viable electronic means.
Subject to applicable laws, ShipperBee may release any collected data and information, including personally identifiable information, when ShipperBee believes such release is appropriate or necessary to (i) comply with the law; (ii) enforce or apply this Agreement, including program policies; (iii) protect the rights, property, security or safety of ShipperBee, its affiliates, ShipperBee’s Licensees, or others; (iv) detect, prevent or otherwise address fraud, security or technical issues; or (v) prevent or stop activity which ShipperBee, in its sole reasonable discretion, considers to be, or to pose a risk of becoming, illegal, unethical, or legally actionable. ShipperBee may also receive information You shared with third parties, provided that such third party has obtained necessary permissions to share the information with ShipperBee.
This Agreement shall be governed in accordance with the laws of the Province of Ontario, Canada. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario, Canada with respect to any and all issues arising from this Agreement. ShipperBee may amend this Agreement from time to time and made available on ShipperBee’s website at (insert URL). Your continued provision of the Services after such posting constitutes Your consent to be bound by this Agreement, as amended. This Agreement represents the full and final understandings between the parties, and supersedes any and all previous understandings, commitments, and agreements, oral or written, pertaining to the Services. This Agreement and the rights granted hereunder shall not be assigned, encumbered by security interest or otherwise transferred by You without ShipperBee's prior written consent.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS PROVISIONS. I ACKNOWLEDGE THAT I HAVE HAD REASONABLE OPPORTUNITY TO REVIEW THIS AGREEMENT AND HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL ADVISORS OF MY OWN CHOICE BEFORE AGREEING.