G & H Towing

Privacy Policy and Mobile App Terms of Use

G & H Towing Mobile App Privacy Policy

Last updated: February 7, 2024.

This Mobile App Privacy Policy describes how G & H Towing Company, Inc. (“we”, “us”, “our”) collects and uses the Personal Information that you may provide when accessing our mobile application and all associated services (“Services”).  G & H places a great value on your privacy. We request that you carefully read this Mobile App Privacy Policy before using the Services. By visiting, viewing or using the Services in any manner, you are agreeing to the terms set forth in this Mobile App Privacy Policy.

Personal Information We Collect About You

We may collect and use the following information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”):

  • Identifiers (e.g., a real name, email address, online identifier, Internet Protocol address, account name, or other similar identifiers)
  • Commercial information (e.g., crew or ship assignment or updates, or other similar information)
  • Internet activity information (e.g., information regarding a user’s interaction with the application)

If you do not provide certain Personal Information, it may delay or prevent us from providing certain services to you.

 

How Your Personal Information is Collected

We collect most of this Personal Information directly from you when you provide it to us via our Services (such as information you enter into the application during login to use our Services).

 

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your mobile device, browsing actions, and patterns, including:

  • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
  • Information about your device and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include Personal Information. It helps us to improve our Services.

Links to Other Websites. Our Services may contain links to the websites of third parties whose privacy practices may differ from ours. If you submit Personal Information to any of these third-party sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit or link to from our Services.

 

How and Why We Use Your Personal Information

We may use Personal Information for the following purposes:

  • To provide services to you;
  • To send you requested information;
  • To respond to your requests;
  • To comply with our legal and regulatory obligations;
  • To notify you when application updates are available, and of changes to any services we offer or provide though it.
  • For our legitimate interests or those of a third party, meaning we have a business or commercial reason to use the Personal Information; or
  • Where you have given consent.

Who We Share Your Personal Information With

We will not sell any of your Personal Information to any outside organization. We only disclose your Personal Information to third parties as reasonably necessary to carry out the permitted uses described in this policy. For example, we may share Personal Information with:

  • third parties that we use to help us run our business, such as email automation platforms, technical and customer support contractors, or other service providers who are required to keep the Personal Information confidential and are prohibited from using it other than to carry out their services on our behalf;
  • our successors in the event of a sale, merger, acquisition, or similar transaction affecting the relevant portion of our business; and
  • legal and governmental authorities or other third parties, to the extent required to comply with a legal order or applicable law or policy.

We may also disclose Personal Information that we collect or you provide as described in this privacy policy:

  • If we believe disclosure is necessary or appropriate to protect our rights, property, or the safety of our company, our customers, or others;
  • For any other purpose disclosed by us when you provide the information; or
  • With your consent.

We may also disclose de-identified information.

 

How Long Your Personal Information Will Be Kept

We will keep your Personal Information while you maintain an account using our Services or while we are providing products and services to you. Thereafter, we will keep your Personal Information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To comply with laws and regulations and provide to law enforcement agencies;
  • To preserve our business records; and/or
  • To conduct our business operations.

You may request to have your Personal Information deleted by contacting us at: privacy@gandhtowing.com.

 

Keeping Your Personal Information Secure

Unfortunately, the transmission of information via the internet is not completely secure. Although we take and maintain reasonable security practices and procedures, we cannot guarantee the security of your Personal Information transmitted to our services.

 

Treatment of Minors’ Information

Our Services are not intended for children and we do not knowingly solicit or collect Personal Information from children. If we are notified or discover that a child under the age of 13 has submitted Personal Information to us, we will take reasonable steps to delete the information

 

Changes to This Mobile App Privacy Policy

We may update this policy from time to time. We will always post the then-current version of this policy on our Services and will indicate at the top of the policy the date on which the latest version took effect. Please review this policy from time to time to stay updated on our privacy practices. By continuing to access and use the Services you are agreeing to such changes made to this Mobile App Privacy Policy.

 

How to Contact Us

Please contact us if you have any questions or comments about this privacy policy or the information we hold about you.

Email:  privacy@gandhtowing.com

Phone: (409) 744-6311

Mail:    200 Pennzoil Rd., Galveston, TX 77554

Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

G & H Towing Mobile App Terms of Use

Last Modified: Feb. 7, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and G & H Towing Company, Inc. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of G & H’s Mobile App including any content, functionality, and services offered on or through the Mobile App (the “App”).

Please read the Terms of Use carefully before you start to use the App. By using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at gandhtowing.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to frequently when you access this App so you are aware of any changes, as they are binding on you.

 

Accessing the App

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the App or the entire App.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the App.
  • Ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.

 

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your use of the App.
  • You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this App.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

Trademarks

All related names, logos, product and service names, designs, and slogans (e.g., the Company name, the G & H Towing logo, the triangular swallowtail flag design, and the challenge coin design) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.”

 

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
  • Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the App.

 

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

This App may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the App

We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the App

All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the App is based in the State of Texas in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App  shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Galveston and Galveston County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Your Comments and Concerns

This App is operated by G & H Towing. 200 Pennzoil Rd., Galveston, TX 77554.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: IT@gandhtowing.com.