ACKNOWLEDGEMENT OF GPS-EQUIPPED MOBILE PHONES
Holcim Technology Ltd (“HTEC”), whose registered office is at Grafenauweg 10, 6300 Zug, Switzerland and its affiliates worldwide (“Holcim”) strive to promote both operational safety and logistical efficiency for ready-mix (RMX) drivers. For this purpose, all RMX drivers will be required to either carry mobile phones provided by Holcim or use an application issued by Holcim on their personal mobile phone which include enhanced technology in the form of global positioning system (GPS) capability.
All RMX drivers will be required to carry the phones or enable the application provided by Holcim while on duty, with the GPS function enabled.
RMX driver acknowledges that the phones provided by Holcim are not meant for any personal use whatsoever, and that their use is permitted only for working with the ConcreteDirect application (“the App”). Driver shall never operate the phone provided by Holcim or his/her personal mobile phone (and/or the App) while driving or operating any vehicle. Any breach or violation of this paragraph constitutes a violation of Holcim’s applicable safety policies and regulations, and will be handled accordingly (violation of this policy will result in disciplinary action up to and including termination).
You agree that Holcim as the owner of commercial vehicles may equip them with GPS tracking, whether as embedded equipment or, in this case, via the use of mobile phones assigned to drivers of company-owned trucks or applications installed on personal phones. It is important to note that, during off-duty hours, no driver is required to keep the GPS-equipped mobile phone on his or her person or in his or her residence or the enable the application issued by Holcim.
Those drivers who are not employees of Holcim, and whose trucks Holcim does not own (“Third Party Drivers”), understand and acknowledge that they are independent contractors, and your acknowledgement of these terms in no way creates an employee/employer relationship. Such Third Party Drivers shall at all times be independent contractors and not joint venturers with, or partners, employees, agents, representatives, or servants of Holcim.
Third Party Drivers shall have exclusive control and direction of themselves and their employees. Neither these terms nor the acknowledgment thereof (nor anything else related to Third Party Drivers’ use of the App) shall be interpreted or construed as creating or establishing a relationship of employer and employee between Third Party Drivers and Holcim, or between Holcim and any employee, contractor, vendor, representative, or agent of Third Party Drivers.
If you have any questions about these terms, please contact your supervisor. Please acknowledge you have received and read this notification. Providing the phone number of your personal mobile phone to Holcim will also constitute a valid acknowledgement of this notification.
[20 October 2021]