WHIP PRIVACY STATEMENT
Last Updated: July 2, 2019
DriveWhip (collectively, “Whip” or “we”) provides this Privacy Statement to let you know how we may collect, use, and share your information when you use a Whip Car Sharing Vehicle (“Vehicle”) and Whip products, services, websites, infotainment systems, social media sites, and mobile applications (collectively, products and services). This Privacy Statement applies to the products and services offered by Whip, but excludes products and services with separate privacy statements that do not incorporate this Privacy Statement.
Key points about our information practices:
We may collect information about you and the Vehicle, such as name, address, driver’s license information, photographic image, vehicle diagnostics, and vehicle location, through your use of our products or services, and others who provide information to us. See below to learn more.
We may use your information to enable you to register for the service and verify your identity, improve the quality, safety, and security of our products and services, to develop new products and services, and for marketing. See below to learn more.
We may share your information to provide you with products and services, to improve the quality, safety, and security of products and services, to comply with applicable law, to respond to your requests, and to allow recipients to use for marketing or other purposes subject to your consent where required. See below to learn more.
You have choices regarding how we use and share your information for marketing and other purposes. See below to learn more.
If you use the Vehicle’s infotainment system during your reservation (for example, to input contacts, perform address look-ups, or save map addresses), you are responsible for deleting this information at the end of your reservation. If you do not delete this information, it may be accessible to future Whip customers in the Vehicle.
Cookies and Tracking
Third Party Products and Services
In connection with our products and services, you may be offered the opportunity to use third party products and services that are not owned or controlled by Whip and are governed by separate user terms and privacy statements. See below to learn more.
Access and Update
You may access your online account to update your information or you may contact us to learn about how to do so. See below to learn more.
California Privacy Rights California residents have certain rights regarding the personal information we disclose to third parties for their own marketing purposes. See below to learn more.
We maintain reasonable and adequate security controls to protect your information and require our service providers by contract to do the same. See below to learn more.
We keep information for as long as necessary to provide our products and services, operate our business, and comply with legal obligations. See below to learn more.
We do not target or knowingly collect any information from children under the age of 13. See below to learn more.
International Data Transfers
We maintain appropriate protections for cross-border transfers as required by law for international data transfers. See below to learn more.
We will notify you of any material changes by posting the updated version of this Privacy Statement and taking other steps as needed. See below to learn more.
Contact Us Please contact us by mail, email, or phone with any questions. See below to learn more.
INFORMATION WE MAY COLLECT
We may collect the following information through your use of the products and services, and otherwise with your consent. We may also collect your information from licensees, affiliates, dealers, partners, service providers, and independent third party sources. The types of your information that we may collect include:
Information about you and your accounts with us: such as your name, address, telephone number, date of birth, driver’s license information, photographic image, last four digits of your social security number, e-mail address, login information, enrollment and reservation information, demographic data, gender, password, PIN, emergency contact information, and billing information, like your credit card number, CVV code and expiration date.
Information about the Vehicle: such as license plate number, vehicle identification number (VIN), mileage, oil/battery status, fuel or charging history, electrical system function, gear status, ignition on/off; idle time; and diagnostic trouble codes.
Information about the use of the Vehicle, including operational and safety related information: such as GPS location, speed, air bag deployments, crash avoidance alerts, impact data, safety system status, braking and swerving/cornering events, event data recorder (EDR) data, seat belt settings, vehicle direction (heading), trip start/end time and date, camera image and video, sensor data, voice command information, stability control or anti-lock events, security/theft alerts, infotainment system and WiFi usage.
Information about your device and how you interact with our products and services, including apps and websites: such as IP address, browser type, device location, unique device identifier, cookie data, associated identifying and usage information from your mobile phone, laptop, or other device, and other device information that you give us consent to access, such as your device photographs, to personalize the Whip mobile app experience.
HOW WE MAY USE YOUR INFORMATION
We may use your information in order to:
provide our products and services
improve the quality, safety, and security of our products and services
develop new products and services, including autonomous vehicle and car-sharing products and services
maintain customer relationships and communicate with you
administer your account(s) including verification of your identity
process your payments for products and services
operate our websites and applications, including online registration processes
provide customer and vehicle support and service (for example, recall information, servicing and maintenance or warranty service)
provide product and service updates
evaluate the quality, safety, and security of our products and services
collect outstanding debts relating to products and services, and parking/ moving violations
assist in locating or recovering a Vehicle that is missing, reasonably identified as stolen, or being used in an unauthorized manner
for research, evaluation of use, and troubleshooting purposes
protect the safety of you or others
verify eligibility for incentive and discount programs; and to evaluate ongoing program and membership eligibility
perform marketing, including interest-based marketing and advertising (with necessary consents)
administer your participation in contests, quizzes, surveys, promotions and offers
customize and improve communication content and your experience with Whip and
comply with legal, regulatory or contractual requirements
Where required, we will anonymize your information in a way that it can’t reasonably be associated with you or the Vehicle. We may use anonymized information or share it with third parties for any legitimate business purpose.
Communications with you in connection with these uses may be via mail, telephone, e-mail, text message and other electronic messages, through the in-vehicle system or via our websites and applications. See “Choices” below to learn how to manage your communication preferences.
HOW WE MAY SHARE YOUR INFORMATION
We may share your information as follows for the uses described below (and where required we will obtain additional consent or anonymize the information):
Emergency Service Providers: With emergency service providers, such as law enforcement, roadside assistance providers, and ambulance providers, in order to deliver related services.
Business Partners and Independent Third Parties: With business partners, research institutes, for research and development purposes (for example, improving highway safety), dealers, fleet or rental companies, for service maintenance of the Vehicle, and marketing activities. We may also share data with third parties where you have elected to receive a service from them and authorized them to request data from Whip.
Service Providers: With our product and service providers who work on our behalf in connection with the above uses, such as wireless service providers (e.g. AT&T), companies that perform eligibility services, such as identity verification to prevent theft and fraud, companies that administer our contests and promotions, host and/or operate our website, send communications, perform data analytics, credit card processors, or system providers necessary to process, store, or manage credit card information (we will not otherwise share your credit card information).
Where Required or Permitted by Law: As required or permitted by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others, to detect, investigate and prevent fraud, or to conduct screening to ensure you are not on any government list of restricted parties.
Business Transfers: With a prospective or completed sale, transfer, or financing of a part of a business or its assets.
You have certain choices regarding how we use and share your information. For example, you can restrict our access to, as well as the collection and sharing of, the location of your mobile device by disabling location-sharing in the settings feature on your device. However, some of the products and services require access to and collection of the location of your device (for example, we require your mobile device’s location to unlock, start and end your reservation and confirm that the Vehicle has been returned to the appropriate location).
In addition, vehicle data collection, use, and sharing practices are tied to the products and services we offer. To stop the collection, use, or sharing of information, you may have to decline those products and services or be willing to accept limited functionality.
You may also contact us directly, at email@example.com, to indicate your contact preferences. We will also provide opt-out instructions in all of our marketing communication channels; for example, an Unsubscribe option will appear at the bottom of all marketing-related emails.
If you exercise choice regarding certain marketing communications, your information may still be used for the other purposes described in this Privacy Statement (for example, vehicle support and service), including marketing communications where you have not exercised choice, or communications we are required or permitted by law to send to you (for example, certain types of transactional or account-related messages).
For additional information on your choice, please contact us. See “How To Contact Us” below.
If you use the Vehicle’s infotainment system during your reservation (for example, to input contacts, perform address look-ups, or save map addresses), you are responsible for deleting this information at the end of your reservation. If you do not delete this information, it may remain on the Vehicle’s system and may be accessible to other Vehicle occupants, such as future Whip customers. For instructions on how to delete information from the Vehicle, please refer to the Vehicle owner’s manual or contact us. See “How To Contact Us” below.
COOKIES AND OTHER TRACKING TECHNOLOGIES
Similarly, we may also place cookies in our emails to measure the effectiveness of our email campaigns by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system and browser used to deliver the email and any URL accessed through our email message.
Please also refer to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another computer, or change browsers. If you choose to decline cookies, some of the functionality of a website may be impaired.
California Do-Not-Track. At this time, we do not honor website browsers’ “do not track” signals. However, you may refuse or delete cookies, and otherwise express your choices on marketing issues as described above.
THIRD PARTY SERVICES, APPLICATIONS AND WEBSITES
Certain third party services or applications (for example, your carrier data plan, navigation services) you download, that are pre-installed, or which you may sign up for may have separate user terms and privacy statements, which are independent of our Privacy Statement. Whip is not responsible for the personal information practices of these third party services or applications. We recommend that you carefully review the user terms and privacy statement of each third party service or application prior to signing up, downloading, or using them.
Similarly, our website may contain links to independent sites outside of and not controlled by Whip, such as those belonging to Whip dealers, Whip licensees, or independent product review sites. Whip is not responsible for these sites, their omissions, policies, or content of the websites or for the personal information practices of such third parties. We recommend that you read the privacy policies of these third parties before making a decision to use the site or provide your personal information to the site operators.
ACCESS AND UPDATES TO YOUR INFORMATION
You can access your online account to view or update your information in that account. You may also contact us, as provided below, to learn about how to access, review, correct, update, or delete the information about you in our records. We may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident you have the right to request information from Whip regarding the manner in which Whip shares certain categories of your personal information with third parties, including affiliates, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Whip at its designated address and receive the following information:
The categories of personal information Whip disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. See “How To Contact Us” to make a request.
HOW WE SAFEGUARD YOUR INFORMATION
We maintain reasonable and adequate technical, administrative, and physical security and confidentiality measures designed to help protect your information from unauthorized access or acquisition. We also require by contract (other than in an emergency situations) that third party services providers acting on our behalf or with whom we share your information also undertake to provide such security and confidentiality measures in accordance with industry standards.
HOW LONG WE KEEP YOUR INFORMATION
We may keep the information we collect for as long as necessary to provide products or services to you, to operate our business, to enable us to communicate with you, for our safety, research, evaluation of use, or troubleshooting purposes, or to satisfy our legal or contractual obligations. Where required, we will anonymize or dispose of the information we collect when we no longer need it for the uses described above.
Whip does not target or knowingly collect any information from children under the age of 13.
INTERNATIONAL DATA TRANSFERS
We store your information in the United States, the European Economic Area (EEA), and other locations where we or our service providers maintain servers. We provide appropriate protections for cross-border transfers as required by law for international data transfers. With respect to such transfers from the EEA to the United States and other non-EEA jurisdictions, we implement standard contractual clauses and other mechanisms to protect such data.
CHANGES TO THIS PRIVACY STATEMENT
We may need to update this Privacy Statement from time to time as our business and products or services expand or change, or as required to by law. If we do, we will post the updated version of the Privacy Statement on our website, and ask for your consent to the changes if legally required.
By using the products and services, you are consenting to our processing of your information as set forth in this Privacy Statement now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching your information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S., your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards