Location Services Terms

TERMS AND CONDITIONS

Towtrak provides an online platform whereby users can connect with vendors who offer roadside assistance and tow services. Towtrak provides Location Services that may enable your location to be determined by cellular mobile network or via Global Positioning Satellite service. Location Services are an integral part of Towtrak’s services, enabling Towtrak to know your current location in order to connect you with Towtrak customers requiring services in the vicinity of your service vehicle. Additionally, it gives Towtrak the ability to provide Customers with timely and accurate ETAs once you’ve been awarded a job. Enabling Location Services allows Towtrak to verify your location, deliver relevant job offers based on your location, and share your location as part of the Services we offer. Towtrak will request your permission to obtain your location via your mobile phone, so that Service can be provided. Permission is obtained via a double opt-in process as described below:

Towtrak may ask you for permission to send you, or an employee of yours, an initial text message via mobile device requesting that you opt-in for Location Services. Towtrak will only track your location if you opt-in by replying “YES” to those initial questions.

A. Opting-In

By opting-in you agree to the Towtrak Terms & Conditions herein and associated Privacy Policy. You also agree to the following as it pertains to specific usage from your Cellular Provider:

Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Mobile Phone Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application’s terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider’s website. If you aren’t comfortable with the application’s policies, don’t use it. You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with your Cellular Provider; (2) your Cellular Provider is not responsible for this application; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.

Message and data rates may apply. Reply HELP to 704-322-3721 for help. Reply STOP to cancel. You will receive up to 4 messages per month, including opt-in requests, an opt-in confirmation and a monthly reminder message.

Limitations – Towtrak Service is available only on North America’s Tier 1 carriers (AT&T, T-Mobile, Verizon and Sprint) and a few Tier 2 carriers (US Cellular, Boost, and Virgin Mobile). The location service will not be available if the phone is roaming or is turned off. Other Network Carriers will be added as they become available.

You acknowledge that text messages are distributed via third-party mobile network providers and therefore Towtrak cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Towtrak is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider.

B. Opting Out

You may opt-out by texting “STOP” on your mobile device to 704-322-3721or by calling 704-322-3721.

C. Help

For additional information, reply “HELP” from your mobile device.

D. Protecting your Privacy

Throughout the process of performing service for a Towtrak customer, Towtrak will receive updates on your location only as frequently as is necessary in order to keep Towtrak customers updated on your location and ETA. Towtrak shall retain this location data as part of the record of service for no more than 1 year.

Towtrak may periodically request your location when you are not in the process of providing Services to a Customer in order to try to connect nearby Customers with your Services through Towtrak. Towtrak keeps data regarding your location when not providing Services to a Customer only for as long as necessary to identify you as a nearby candidate for Services to other Customers, and for no more than 60 days.

For additional information regarding our use of information collected through Towtrak, please refer to our Privacy Policy https://www.towtrak.com/privacy-policy/.

E. No Guarantee

You accept that the service accuracy of the location information can vary depending on the user’s situation (physical location, cellular reception, etc.)

F. Sharing of Information

By opting-in to Location Services, you agree to be located and provide consent for the mobile operator to release their location information to Towtrak for the provisions of Location Services described herein. Towtrak does not share information regarding your location with any Third Party unless the service on which you’ve agreed to be located is specifically requested by that same Third Party. In such cases, Towtrak may provide that specific Third Party your location on a map only as it pertains to and only for the duration of the service on which you’ve agreed to be located.

G. LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOWTRAK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TOWTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

H. Contact Us

If you have any questions or concerns about Towtrak and its services, you may contact Towtrak by emailing partners@Towtrak.com or by calling 704-322-3721.

I. Changes to these Terms & Conditions

Towtrak may change these Terms & Conditions periodically. If we make significant changes in the way we treat your information in regard to Location Services, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to review these Terms & Conditions.