Last Updated: November 26, 2019
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
1. DESCRIPTION OF SERVICES
2. LAWFUL BASIS FOR PROCESSING
In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.
3. INTENDED USERS
The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at firstname.lastname@example.org. We never sell the data of any individual under the age of 16.
4. DATA WE COLLECT AND HOW WE USE IT
- Name (this data is provided by UBER/Lyft)
- Email (this data is provided by the user in onboarding and UBER/Lyft)
- Birthday (this data is optional for you, the user, to provide – the collection of this information is required by a particular brand partners due to federal regulations in place to be able to serve ad campaigns and ride offers to a particular age group) Should you decide to not provide your date of birth you may not receive all of the offers you are eligible for. When you make a request to transfer your accumulated funds in the Freebird app you may be required to provide your DOB to verify your identity with our banking partner.
- Linked Card Transactions – if the user opts into linking a card or bank account via the Linked Card screen to benefit from our cash back offers we must provide the following data to the merchant providing the cash back for a user’s ride:
- Tokenized and anonymized transactions provided via Plaid
- Geo location – only accessed when in the app, we use your location to provide the best cash back offers in your area, relevant to you.
- Device data (e.g. model, OS version)
These specific categories of Data are included in the general categories listed below and may be used differently, depending on the general category in which the Data falls, as described below. We never sell your data, and we always have a lawful basis for gathering the Data, but that lawful basis might be different for different categories. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place, unless we get your prior explicit consent.
A. Registration Data
- Data Description: Registration Data consists of the following specific categories of Data: name, e-mail address, and other contact information and onboarding data that you provide us using the Services, both when you register your account and thereafter. Registration Data also includes your username, date of birth, location, client type (e.g., ad-supported or paid membership), and membership end date, if any.
- Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you. We can only provide certain of the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you.
- How We Use It and Who We Share It With: Registration Data is accessible only to us. We use it only to provide the Services to you. At times, we will share the Registration Data with third parties at your request or to fulfill requests that you make of us. We may use your Registration Data to offer goods or services to you, but only on an opt-in basis after getting your specific consent.
B. Engagement Data
- Data Description: Engagement Data consists of all the information you input or record using the Services, other than the Registration Data, such as the following categories: Merchants visited, payment amounts, your communications with us regarding the Services, credits offered by Merchants, offers provided by brands and similar items. Data that qualifies as “Usage Data” below is excluded from Engagement Data.
- Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Engagement Data we receive from you.
- How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and where it relates directly to a party who either provides services to you or receives services from you, such as a Merchant, to that party, in which case that party will be obligated to protect the confidentiality of your Engagement Data. We do not share Engagement Data with other third parties, except at your specific request, but we may use Engagement Data to make inferences that help us provide and improve the Services. Both during the term of our agreement with you and thereafter, we may also use Engagement Data in an anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion (including to sell anonymized and aggregated information, which is not Data). To the extent we are required to delete any Engagement Data about you, we may still retain aggregated and anonymized information that may have originated as your Engagement Data.
C. Usage Data
- Data Description: Usage Data consists of the following and similar specific categories of information:
- Information about your interactions with the Services, most commonly our website, which includes the date and time of any requests you make. This also may include details of your use of Third-Party Applications and any advertising you receive via the Services.
- The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Engagement Data.
- Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and application version.
- Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Services to you.
- Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.
- How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except at your specific request, but we may use Usage Data to make improvements to the Services. Both during the term of our agreement with you and thereafter, we may also use Usage Data in an anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion (including to sell anonymized and aggregated information, which is not Data). To the extent we are required to delete any Usage Data about you, we may still retain aggregated and anonymized information that may have originated as your Usage Data.
D. Payment Data
- Data Description: Payment Data is only collected when your use of the Services is subject to the payment of a fee or other charge. Payment Data is the information necessary for us to process your payments for premium Services. Payment Data will vary depending on the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but will include specific categories of information such as:
- Date of birth;
- Credit or debit card type, expiration date, and certain digits of your card number;
- Address and postal code; and
- Mobile phone number
- Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.
- How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose.
E. Advertising Data
In order to serve offers that are most relevant to you, Freebird will use the following information to serve ads to you:
- Users age;
- Current location;
- IP Address;
- The destination category the user is riding to and any past destination categories the rider has shown interest in.
5. SPECIFIC INTERACTIONS
A. Current and Potential Employees
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only use employment Data for the direct purpose of the employment or independent contractor relationship, and we cease using it as soon as that relationship ends. However, we may keep and process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.
B. Business Locations
As part of the Engagement Data, we will also provide your transactional data, tokenized and anonymized for your protection, to the merchants to which you ride and with which you transact business, all in exchange for ride cash back provided by those merchants. Data provided to these merchants is intended for their sole use, and we prohibit merchants with whom we share your transactional data from sharing or selling your Data to any outside parties.
6. SHARING YOUR INFORMATION
Except where a specific limitation is noted above, we may share your Data as follows:
- At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our Services, we will do so.
- Sharing with Vendors and Service Providers. In certain cases, we use the services of third-party vendors and service providers, such as Merchants and others, to assist us in providing the Services. We may share your Data with such vendors and service providers solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
- Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
- Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not be required to obtain your consent for such a transfer.
- Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.
- Publicly Disclosed Data. Certain items of Data are always publicly available, such as your username, people who follow your playlists, and the playlists you follow.
If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent.
7. TECHNOLOGIES WE USE
The technologies we use for automatic Data collection may include the following:
- Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
8. YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA
We only use your Data for marketing purposes if you give us your specific consent. If, after giving your consent, you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, or if you wish to stop receive marketing e-mails from us, please follow the instructions below. (Note that if you are a resident of the European Union, we will never use your personal data for third-party marketing purposes unless you have clicked on a box online to expressly give consent for such use.)
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to email@example.com.
- Our sharing of your Data with unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer that we do not share your information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing firstname.lastname@example.org from the email that you have signed up or used in receiving the Services.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
9. PRIVACY FOR EU RESIDENTS
For employees and other authorized users operating in their role as administrators or users of our services, our lawful basis is the legitimate interest we have in providing the services to their employer.
The GDPR also requires us to take appropriate technical and organizational measures to protect the security of Data relating to residents of Europe. We make commercially reasonable efforts to ensure the privacy and security of the Data of our European visitors and customers, and we are happy to give you a complete description of our most current efforts, if you will write us at email@example.com.
10. PRIVACY FOR CALIFORNIA RESIDENTS
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please inform us by writing us at firstname.lastname@example.org.
California has also adopted the California Consumer Privacy Act (“CCPA”), which will take effect at the beginning of 2020. Freebird complies with the requirements of the CCPA to the extent they apply to us.
If you are a California resident, you have the following rights:
- You have the right to request that we disclose the categories and the specific items of Data about you that we collect, use, disclose, and/or sell and that Data about you that we have collected, used, disclosed, and/or sold during the 12 months prior to your request.
- You also have the right to have the Data we collect about you deleted. We use a two-step process to verify your identity and to have the information deleted. Your rights to have Data deleted are subject to several exceptions, specifically the Data that is necessary for us to:
- complete your transaction;
- provide you a good or service;
- perform a contract between us and you;
- protect your security and prosecute those responsible for breaching it;
- fix our system in the case of a bug;
- protect the free speech rights of you or other users;
- comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- comply with a legal obligation; or
- make other internal and lawful uses of the information that are compatible with the context in which you provided it.
- To make any request under the CCPA, you must complete the Data Request Form found at www.FreebirdRides.com/optout. You will be asked to give us your name, e-mail address, telephone number, and any other information we request to reasonably verify your identity. We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA.
- We will provide you with a CSV copy of your stored data within 45 days of your request, assuming we are able to verify your identity in that period and so long as you provide a correct email address for successful correspondence.
- You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
- You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at email@example.com. Upon receipt of your request, we will provide you with the information you will need to designate that agent.
Note that we are not allowed by law to at any time disclose your Social Security number, driver’s license number, or other government-issued identification number, financial account number, any health insurance or medical identification number, or any account password or security questions or answers.
We have listed the specific and general categories of information we have collected, disclosed, or sold in the last 12 months in the section above entitled “Data We Collect and How We Use It.” That section also lists the specific and general categories of Data we have disclosed to third parties for our business purposes.
We do not sell your Data. However, we do disclose certain categories of Data to the merchants whose businesses you visit using the Services, all as described in the section entitled “Data We Collect and How We Use It” above.
We do not sell the personal information of minors under 16 years of age.
For more information, please direct your questions to us at firstname.lastname@example.org. You can also direct questions to our toll free number at 1-888-516-6697.
11. PRIVACY FOR CALIFORNIA RESIDENTS
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
12. THIRD-PARTY POLICIES
15. ACCESS AND ACCURACY
You have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.
16. CONTACT US
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at email@example.com. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint, and if it is justified, we will take appropriate measures.