Effective Date: March 31,2020
1. Who We Are and What We Do
This Policy applies to all SWUP!’s operating divisions, subsidiaries, affiliates, and branches, and any additional subsidiary, affiliate, or branch of SWUP! that we may subsequently form.
3.1 Personal Information We Collect and How We Use It
The categories of Personal Information we collect and our privacy practices depend on whether you are a paying Member, Additional Driver, or visitor (together, “Individuals”) and the requirements of applicable law.
- Membership Account Creation. If you would like to use our rental car services, you must become a Member by completing a membership application form. This requires you to provide us various categories of Personal Information, including your full name, residential address, email address, phone number, photo identifications, credit card information, and copies of your driver’s license and passport or other proof of nationality.
- Additional Driver Registration. We may collect Personal Information about the Additional Drivers you elect to add under your Account. Such Personal Information collected includes the Additional Driver’s full name, email address, and copy of a current driver’s license.
- Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
- Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
- Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
- Chat/Messaging. If you participate in chats with or message our customer support team through the App, any Personal Information disclosed in those chats or messages may be collected and used only in connection with providing you with the requested customer support.
- Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, mobile carrier, mobile unique identifiers, details about your browser, operating system or device, location information, and other information about how you use the Services. Information we collect may be associated with Accounts and other devices.
- GPS Information. All Vehicles that you rent will come equipped with Global Positioning System (GPS) functionality that, with your opt-in consent, tracks the location of the Vehicle. Therefore, we may collect your location information whenever you or an Additional Driver drives the Vehicle.
- Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
3.2 How We Use Your Information
We Process Personal Information about Individuals for a variety of business purposes, including:
- To Provide Products, Services, or Information Requested including to:
- Manage Individual information and Accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of our Services;
- Answer requests for customer or technical support;
- Verify your identity at delivery and return of the Vehicles;
- Allow you to register for events;
- Provide Services on behalf of our customers, such as maintaining or servicing Accounts, providing customer service, and verifying customer information; and
- Undertake activities to verify or maintain the quality of safety of a service or device.
- For Administrative Purposes including to:
- Measure interest and engagement in our Site and Services;
- Conduct research and development;
- Improve our products and Services;
- Develop new products and Services;
- Ensure internal quality control;
- Verify Individual identity, including to confirm that the information you provide in the membership application form is not fraudulent;
- Communicate with you about your Account, activities on our Site and Services and policy changes;
- Process your financial information and other payment methods for products or Services purchased;
- Process applications and transactions;
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity; and
- Enforce our Terms.
- To Analyze, Improve and Market Our Products and Services. We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To measure interest and engagement in our Services;
- To undertake research for technological developments and demonstration;
- To improve, upgrade or enhance or Services;
- To debug to identify and repair errors that impair existing intended functionality;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors;
- To conduct audits relating to interactions, transactions and other compliance activities; and
- Other purposes you consent to or are disclosed when you provide Personal Information.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below.
- De-identified and Aggregated Information Use. We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Site and Services, or other analyses we create. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
- Sharing Content with Friends or Colleagues. SWUP!’s Site and Services may offer various tools and functionalities. For example, SWUP! allows you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by SWUP! or any other third parties for any other purpose.
- Other Uses. SWUP! may use Personal Information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, and fraud prevention, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
3.3 Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
- Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics and to collect information regarding visitor behavior and visitor demographics on our Site and Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Site, Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
- Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Site and Services. This may include identifying you when you sign into our Site or Services or keeping track of your specified preferences, interests, or past items viewed;
- Advertising Related. We may use Technologies to deliver content, including ads relevant to your interests, on our Site and Services.
3.4 Third Party Websites/Applications, Social Media Platforms and Software Development Kits
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Site or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you. In addition to APIs used for payment processing services, we use the Google Maps APIs, for which additional information on Google’s collection practices can be found at https://policies.google.com/privacy. For more information about our use of APIs and SDKs, please contact us as set forth below.
4. Onward Transfer—How We May Disclose Your Information
4.1 Information We Share
Except as provided below, we do not share or sell your Personal Information with third parties. We Use Service Providers. We may share any information we receive with service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) the provision of the Site and Services.
- Business Partners. We may provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
- Affiliates. We may share Personal Information with our affiliated companies.
- Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to enforce our policies or contracts; (iv) to collect amounts owed to us; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
- Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
4.2 International Data Transfers
You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world, including but not limited to, the European Union, the United States or other countries. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request.
5. Your Privacy Rights
In accordance with applicable law, you may have the right to:
- Access your Personal Information consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Information transferred to another party.
- Request Correction of your Personal Information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your Personal Information or we may refer you to the controller of your Personal Information who is able to make the correction.
- Request Deletion of your Personal Information, subject to certain exceptions prescribed by law.
- Request restriction of or object to processing of your Personal Information, including the right to opt in or opt out of the sale of your Personal Information to third parties, if applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
5.2 Email and Telephone Communications
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as may be required by law.
5.3 Mobile Devices
We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. In addition to location-based information collected by a Vehicle’s GPS functionality as described above, SWUP! may also collect location-based information from your mobile device if you use the App. You may opt-out of this collection by changing the settings on your mobile device.
5.4 “Do Not Track”Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
6. Data Retention
7. Security of Your Information
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
8. Children’s Information
The Site and Services are not directed to people under age 21 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
9. California Privacy Rights
11. Terms of Service
12. Contact Us
- “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
- Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Any categories of personal information described in subdivision (e) of Section 1798.80 of the California Consumer Privacy Protection Act.
- Characteristics of protected classifications under California or federal law.
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
- Geolocation data.
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information.
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
- Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
“Personal Information” does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
- “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.