Cars LLC (Cars, “our”, “us”, or “we”) provides a proprietary service (the “CarsPlatform”) centered around a smart phone application (the “Application”) that enables persons who seek transportation services (“Riders”) to be matched with third-party transportation service providers (“Drivers”), and to facilitate transactions among Riders and Drivers who use the Cars Limo Platform (together referred to as “Users”). The Cars Platform includes the Application and any other features, content, websites or applications offered from time to time by Cars in connection with the Application. THE CARS PLATFORM DOES NOT INCLUDE THE PROVISION OF TRANSPORTATION SERVICES. CARS IS A TECHNOLOGY PROVIDER, NOT A TRANSPORTATION CARRIER, AND CARS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY THIRD PARTIES.
and our Mobile Application.
INFORMATION WE COLLECT
Upon registration with the Service (either as a consumer, partner or driver), a user profile is developed to further customize the user’s experience. The current required data fields are:
Date of birth
In addition, tracking information is collected as you navigate through our website (the “Website”) or use the Service, including, but not limited to geographic areas. If you are traveling in a vehicle ordered via the Service, the driver’s mobile phone will record your GPS coordinates. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information in order to calculate your fare and do not use it for any other purpose.
We also collect users’ device types and unique identifiers. We use this information for the sole purpose of providing you with the most up to date application and features. You may also choose to upload a photo while using the site or application, if you wish to do so, this information may be viewable by the drivers who are picking you up so that they are able to verify your identity. You may remove such photos or update them at any time by logging into your account. If you use our services through your mobile device, we will track your geo-location information so that you are able to view the drivers in your area, set your pick up location, and so that drivers are able to find your pick up location We will not share this information for any other purpose and will only use this information for the sole purpose of fulfilling your request. You may at any time no longer allow our application to track your geo-location information by turning off the geo-tracking function on your mobile device.
To help us serve you, we use “cookies” to store and sometimes track user information. A cookie is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your web browser.
CHILDREN UNDER 13
The Site and Services are not directed to children and children are not eligible to use our Sites or Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Services.
HOW WE USE YOUR INFORMATION
Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. We use this information to closely monitor which features of the Service are used most, to allow you to view your trip history, store your credit card information with our PCI certified payment partner, view any promotions we may currently be running, rate trips, 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 mobile information collected 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. We use the credit card information you provide to us so that we are able to bill you for services.
The Company uses your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer our Websites. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when we deem it necessary to do so. For instance, if our service is 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 may deactivate your account.
Based upon the personally identifiable information you provide to us, 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 or telephone, in accordance with your wishes.
We may use your user information to engage in Targeted advertising. This information is a collection of a user’s including the user’s web browsing and search history. This information is used to select which Cars
advertisement should be displayed to a particular individual on websites . The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any personal information such as an individual’s name, address or credit card number. Targeted advertisements may come from Cars
or through third party website publishers.
OUR DISCLOSURE OF YOUR INFORMATION
The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our drivers, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Service are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.
The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as required by law.
If we are involved in a merger, acquisition, or sale of all or a portion of Cars you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any additional choices you may have regarding the protection of your personal information.
ACCESS TO YOUR PERSONAL INFORMATION
If your personal information changes, or if you no longer desire our service, you may correct, delete inaccuracies, or amend it by making the change on our member information page or by emailing us at firstname.lastname@example.org
. We will respond to your access request within 30 days.
We will retain your information (including geo-location) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com
. We will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The personally identifiable and geo-location information we collect is stored within our database, We use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) to protect your information. However, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. We recommend that you not disclose your password to anyone.
If you choose to use our referral service to tell a friend about our site, 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 site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at firstname.lastname@example.org
to request that we remove this information from our database.
SOCIAL MEDIA (FEATURES) AND WIDGETS
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, 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 COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company 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 â€œDispute Resolutionâ€ section will survive any termination of this Agreement.
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 arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia 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 Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. 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, but only to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails 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 $5,000, and if you prevail in the arbitration by receiving damages for the claimed amount set forth in your complaint, Company will pay all such fees.
Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).