Terms and Conditions
Last Updated: May 1, 2015
- Contractual Relationship:
Your access and use of the Services constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and GOPH. If you do not agree to these terms, you may not access or use the Services. These terms expressly supersede prior agreements or arrangements with you. GOPH may immediately terminate these terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these terms, in the event of a conflict with respect to the applicable Services.
GOPH may amend the terms related to the Services from time to time. Amendments will be effective upon GOPH’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.
- The Services:
The Services constitute a technology platform that enables users of GOPH’s mobile applications or websites provided as part of the services (each, an “Application“) to arrange and schedule delivery/service or transportation and/or logistics services with Third Party Providers of such services, including independent Third Party Transportation Providers and Third Party Logistics Providers under agreement with GOPH or certain of GOPH’s affiliates (“Third Party Providers“). Unless otherwise agreed by GOPH in a separate written agreement with you, the services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT GOPH DOES NOT PROVIDE DELIVERY, TRANSPORTATION OR LOGISTICS SERVICES – OR FUNCTION AS A TRANSPORTATION CARRIER.
Subject to your compliance with these terms, GOPH grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information or related materials that may be made available through the services, in each case solely for your personal, noncommercial use. GOPH and GOPH’s licensees or licensors reserves any rights not expressly granted herein.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GOPH; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems, networks or functions.
Provision of Services.
You acknowledge that portions of the Services may be made available under GOPH’s various brands or request options associated with deliveries, services, logistic transactions and/or transportation or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of GOPHs subsidiaries and affiliates; or (ii) independent Third Party Providers, including service and logistic providers, transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses as applicable to the services or applications.
Service and Content.
The services and all rights therein are and shall remain GOPH’s property or the property of GOPH’s licensors. Neither these Terms nor your use of the services convey or grant to you any rights: (i) in or related to the services except for the limited license granted above; or (ii) to use or reference in any manner GOPH’s company names, logos, products and service names, trademarks or services marks or those of GOPHs licensors.
- Your Use of the Services:
In order to use most aspects of the services, you must register for and maintain an active personal user services account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to GOPH certain personal information, such as your name, address, mobile phone number and age; as well as at least one valid payment method (either a credit card or accepted payment partner). For some specific services, we may require additional information, licensing and certification. You agree to maintain accurate, complete, and up-to-date information in your account at all times. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and/or use the services or GOPH’s termination of this agreement with you. You are responsible for all activity that occurs under your account and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by GOPH in writing, you may only possess one Account.
User Requirements and Conduct.
The service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other required information to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity or required information and your account may be terminated without any further notice.
By creating an account, you agree that the services may send you informational text (SMS) messages as part of the normal business and operations of your use of the services. You may opt-out of receiving text (SMS) messages from GOPH at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your effective and up to date or accurate use of the services.
GOPH may, in GOPH’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the services and/or a Third Party Provider’s services, subject to any additional terms that GOPH establishes on a per promotional code basis (“Promo Codes“). You agree that promo codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to GOPH; (iv) may only be used pursuant to the specific terms that GOPH establishes for such promo code; (v) are not valid for cash; and (vi) may expire prior to your use. GOPH reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that GOPH determines or believes that the use or redemption of the promo code was in error, fraudulent, fraudulently obtained, illegal, or in violation of the applicable promo code terms or these terms and/or conditions.
User Provided Content.
GOPH may, in GOPH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GOPH through the services textual, audio, and/or visual content and information, including commentary and feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to us, you grant GOPH a worldwide, global, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GOPH’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant GOPH the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor GOPH’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GOPH in its sole discretion, whether or not law may protect such material. We may, but shall not be obligated to, review, monitor, or remove User Content, at GOPH’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GOPH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges“). After you have received services or goods obtained through your use of the Service, GOPH will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by GOPH. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. GOPH will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by GOPH using the preferred payment method designated in your Account, after which GOPH will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that GOPH may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and us, GOPH reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in GOPH’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. GOPH will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. GOPH may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with potentially respect to taxicab transportation services requested through the Application, GOPH does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by us (on GOPH’s websites, in the Applications, or in GOPH’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that GOPH provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by us in GOPH’s reasonable discretion, we reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by us to the applicable Third Party Provider and are non-refundable.
- Disclaimers; Limitation of Liability; Indemnity:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOPH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOPH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOPH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
GOPH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GOPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOPH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOPH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOPH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS OR DELIVERY SERVICE REQUIRED FROM THIRD PARTY, MAY OFFER FURTHER SERVICES, RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GOPH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
GOPH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOPH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold GOPH and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GOPH’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and GOPH, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and GOPH are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and GOPH otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA“); in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and GOPH otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000.00 then the arbitration will be conducted solely on the basis of documents you and GOPH submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. GOPH will not seek, and hereby waives all rights GOPH may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, GOPH will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if we changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing GOPH written notice of such rejection by mail or hand delivery to us within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Other Provisions:
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
GOPH may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GOPH, with such notice deemed given when received by GOPH.
You may not assign these Terms without GOPH’s prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of GOPH’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, GOPH or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GOPH’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Effective May 1, 2015
- we own or control.
- are available through the Services; or
We complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. We have assured that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.
- What Information Do We Collect?
(a) Information You Provide To Us
We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and mobile number (“Personal Information“). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. The current required data fields are:
- Mobile Phone Number
- Zip Code
- Credit Card Number, expiration date & security code and or information regarding your PayPal, Google Wallet or other digital payment accounts
If you choose to upload a photo when registering for our Services, the photo may be viewable by us and by the drivers who are picking you up so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account.
(b) Information We Collect As You Access And Use Our Services
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (” Usage Information“). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purpose , including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (” Device Identifier“) for your computer, mobile or other device used to access the Services (any, a “Device“). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
In addition, tracking information is collected as you navigate through our Services, including, but not limited to geographic areas. If you are using a vehicle requested via our Services, the driver’s mobile phone will send your GPS coordinates, to our servers. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information for various purposes – including providing you with support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. We may also have features that allow you to share this information with other people (such as your family, friends or colleagues) if you choose.
A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):
A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.
Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, count users of the Services, monitor how users navigate the Services, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to your personal information.
An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
(c) Information Third Parties Provide About You
(d) Information You Provide About A Third Party
If you choose to use our referral service to tell a friend about our Services or a job position, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address may be included in the communication sent to your friend.
(e) Information Collected by Mobile Applications
Our Services are primarily provided through an application on your mobile, tablet computer or similar device (“Mobile Application“). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.
When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation:
- Your preferred language and country site (if applicable).
- Your phone number or other unique device identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number.
- The IP address of your mobile device.
- The manufacturer and model of your mobile device.
- Your mobile operating system.
- The type of mobile Internet browsers you are using.
- Your geo-location.
- Information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application.
- Information to allow us to personalize the services and content available through the Mobile Application.
We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways:
- To operate and improve our Mobile Applications, other Services, our company’s services, and tools.
- To create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses.
- To customize the content or services on the Mobile Application for you, or the communications sent to you through the Mobile Application.
We also provide some of your Personal Information (such as your first name and your photo, if you have chosen to upload your photo to your profile) to the driver/partner who accepts your request for service so that the driver may contact and find you. The companies for which drivers work (that are providing the service) are also able to access your Personal Information, including your geo-location data.
We may associate your unique mobile Device Identifier or Mobile Application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information.
(f) Information Collected from Job Applicants
If you wish to apply for a job on our web site(s), we will collect Personal Information such as your name, email address, phone number and may collect additional information such as resume, gender, and your ethnicity. We use the information collected within this area of the web site(s) to determine your qualifications for the position in which you have applied and to contact you to set up an interview.
- How Do We Use The Information Collected?
Our primary goal in collecting your Personal information or Usage Information is to provide you with an enhanced experience when using the Services.
Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes.
We use your information to closely monitor which features of the Services are used most, to allow you to view your order history, store your credit card information on a secure page, view any promotions we may currently be running, rates, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.
We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. The credit card information you provide in your personal profile at sign-up is not stored by us, but is stored and used by our third party credit card processors in order for them to process payment that you owe third parties for transportation services received by you.
We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
In addition, we may use your Personal Information or Usage Information that we collect about you:
- To provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of third parties or us.
- To process your registration with the Services, including verifying your information is active and valid.
- To improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you.
- To enable you to participate in a variety of the Services’ features such as online or mobile entry sweepstakes, contests or other promotions.
- To contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies.
- For internal business purposes.
- For inclusion in our data analytics.
Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.
- How and When Do We Disclose Information to Third Parties?
(a) When You Agree To Receive Information From Third Parties.
(b) Third Parties Providing Services on Our Behalf.
We may use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as drivers and companies they work for to provide the Services, and other third-parties to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide support, provide geo-location information to our drivers, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose.
While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(c) Co-branded Services.
Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services“) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both the third party and us. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
(d) Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a “Promotion“) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(e) Administrative and Legal Reasons.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:
- To satisfy any applicable law, regulation, subpoenas, governmental requests or legal process.
- To protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof.
- To protect the safety, rights, property or security of the Company, our Services or any third party.
- To protect the safety of the public for any reason.
- To detect, prevent or otherwise address fraud, security or technical issues.
- To prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
(f) Business Transfer.
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information:
- To a subsequent owner, co-owner or operator of the Services or applicable database.
- In connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
- What are Online Behavioral Advertising and How Can I Opt-Out?
Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual’s web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our web site(s). For example, if you have shown a preference for nursing while visiting our web site(s), you may be served an advertisement for nursing-related programs when you visit a site other than our web site(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.
If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising publishers, please click here to access the NAI Opt-Out Page. Please note that this will opt you out of targeted ads from our Company and any other participating advertisers. If you opt out, you may continue to receive online advertising from us; however, these ads may not be as relevant to you.
In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser’s security settings to validate whether scripting is active or disabled.
Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
- What About Information I Disclose Publicly?
(a) User Generated Content and Public Information.
To request removal of your User Content from our blog or community forum or similar features, contact us through email@example.com. In some cases, we may not be able to remove your User content, in which case we will let you know if we are unable to do so and why.
(b) Name and Likeness.
We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Services, please review our Terms and Conditions.
- Does Third Party Content And Links To Third Party Services Appear on the Services?
The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties.
- What About Social Media Features and Widgets?
- How Do I Change My Information and What If I Cancel My Account?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through firstname.lastname@example.org. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through email@example.com.
We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, order history, credit card information and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
- What Should Parents Know About Children?
The Company cares about the safety of children. Because our Services are not directed toward minors, no one under 18 (and certainly no children under 13) are allowed to register with or use the Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at firstname.lastname@example.org.
- What About Security?
The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geo-location information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.
- Your California Privacy Rights:
California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from individuals in California (those who have an established business relationship with us) asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose your personal information to third parties for the third parties’ direct marketing purposes unless you first affirmatively agree to the disclosure (opt-in) or if you have exercised an option to opt-out of such information-sharing (opt-out).
We have opted for this alternative approach, and we do not share your personal information with third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such information.
- What About Consent To Transfer Information To The United States?
If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, may be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
Notification of Copyright Infringement:
We respect the intellectual property rights of others and expect its users to do the same.
It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website., we will respond expeditiously to claims of copyright infringement committed using the our websites or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to ours Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to ours Designated Copyright Agent. Upon receipt of the Notice, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Designated Copyright Agent.
Responsible Disclosure Policy
Maintaining the safety and privacy of your data with Our Company is one of our Engineering’s top goals. If you are a security researcher (or any other perceptive user) and have discovered security vulnerability in one of our products, please contact email@example.com. We consider reports to us to be of the highest priority, and will investigate them as quickly as possible.
For vulnerabilities reported to us in compliance with this disclosure policy, we commit to validate, respond to, and fix vulnerabilities in a timely fashion and to not take legal or administrative action against responsible vulnerability reporters. We reserve all of our legal rights in the event of noncompliance.
Please include the following in security submissions:
- Your email address
- Your full name
- Summary of issue
- Steps to reproduce the issue
ZERO TOLERANCE POLICY
We do not tolerate the use of alcohol or drugs by drivers using our apps. If you believe your driver/service provider may be under the influence of drugs or alcohol, please have the driver END THE SERVICE IMMEDIATELY. After the driver/service provider has ended the service, please report any feedback when rating your service in our app, or reply to your emailed receipt, email firstname.lastname@example.org.
NON – DISCRIMINATION POLICY
We seek to ensure that safe, reliable, and high-quality service options are available to everyone. We and our affiliates therefore prohibit discrimination against users, clients, riders, drivers or service providers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any service provider or driver found to have violated this prohibition would lose access to our platform.
DRIVER/SERVICE PROVIDER APPLICANT PRIVACY STATEMENT (USA ONLY)
Collection and Use of Driver/Service Provider Information. We and our Affiliates may collect personal data from Driver/Service provider during the course of sign-up for, and use of, the our Services, including location data, which information may be stored, processed, and accessed by us and our Affiliates for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with us and our Affiliates’ legitimate business needs. Driver/Service provider expressly consents to such collection and use of personal data.
- Disclosure of Driver/Service provider Information to Third Parties. Subject to all applicable laws, we may provide to a third party any information (including personal data and any Data) about Driver/Service provider or any Services provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between service provider on the one hand and a User on the other hand; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in us or any Affiliate’s sole discretion, by applicable law (e.g., we receives a subpoena or warrant for information); or (d) it is necessary, in our or any Affiliate’s sole discretion, to protect the safety, rights, property or security of our Company, Our Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity we or any of our Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable).
- Location-Based Services Consent. Driver/Service Provider expressly consents to our use of location-based services, and expressly waives and releases us and our Affiliates from any and all liability, claims, causes of action or damages arising from use of the our Services, or in any way relating to the use of the geo-location and other location-based services.
GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES
The following guidelines are intended to inform law enforcement about the legal process for seeking records from us. These are merely guidelines, and this information may change at any time.
What is our and what records do we have?
We are a technology platform company that has developed an app that connects users with driver/service provider partners who provide delivery or any other service to the user. We are not a transportation carrier, and/or service provider – do not employ any drivers or service providers. Users can use our Apps to request service via their smartphone, the web, or via SMS. Our users can choose from a variety of services available in his or her location.
We store and maintain information as described in our Privacy Policies and Term of Use
What type of legal process do… We require before producing user or partner information?
For U.S. Law Enforcement
We require valid and sufficient legal process before we can disclose business records regarding partners, users, or trips. In most instances, we won’t be able to provide any information without a valid subpoena, court order, or search warrant. We accept law enforcement requests via personal service through our corporate agent for service. Our acceptance of legal process does not waive any legal objections we may have and may raise in response to the request.
For Non-U.S. Law Enforcement
We disclose business records only in accordance with our terms of service and applicable law. A valid U.S. court order may be required to compel disclosure of certain records.
What form of requests we require, and how are requests processed?
To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain.
We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests.
In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following:
- A sufficiently narrow/defined time period;
- A specific event or action that the subject took;
- A specific reference (i.e., you must uniquely identify a user or driver partner)
We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.
How does you handle emergency requests?
We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver/service provider partner, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request (which can be e mailed through email@example.com) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis.
Law enforcement can submit an emergency request by emailing firstname.lastname@example.org. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.
Do you notify individuals of a law enforcement request for information relating to them?
Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.
Do you provide a certificate of authentication or expert testimony?
We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony.
GUIDELINES FOR THIRD PARTY DATA REQUESTS
The following guidelines are intended to inform private parties, including civil litigants and criminal defendants, about the legal process for seeking records from us. These are merely guidelines, and this information may change at any time.
These guidelines apply to non-law enforcement requests.
What legal process do you require before producing data to private parties?
We generally require a valid subpoena from a USA court issued in accordance with applicable law before we can process private requests for information. We require non-law enforcement subpoenas to be personally served through our registered agent.
What form of requests do you require, and how are requests processed?
We review each subpoena for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored, and will reject overly broad, vague, or unduly burdensome requests. Before making a request, please check to see if the information sought is publicly available.
In order to make sure your subpoena is valid, we ask for the following:
- A sufficiently narrow/defined time period;
- A specific reference (i.e., you must uniquely identify a user or driver/partner, ideally by more than just a name)
- Your contact information (i.e., name and email address and/or phone number)
When we determine that we are required by law to disclose data in response to a subpoena, we will search for and disclose data that we are reasonably able to locate and retrieve.
Note: We will not respond to emergency requests received from non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement.
Do you provide a certificate of authentication or expert testimony?
We may provide a certification from our records custodian but are generally not able to provide in person or expert witness testimony.