Last modified June 14, 2019
We have partnered with Your local Operator to make the App available to You, and Your Operator may require additional privacy terms that apply to Your use of the App. Please see Appendix A for additional Operator terms.
We collect information from You when You register and use the App, post User Submissions, pay for services, contact or interact with us, fill out a form, and voluntarily provide us with Your comments and other content in connection with using the App.
When You register to use the App, We may collect Your location, telephone number, country, and any other information that You provide in registering for or using the App.
When You use the App, We may collect Your name, Your location (including the location of the eScooter and the route You take), the QR code sent to You by the Operator of an eScooter sharing business, information regarding Your trips (including Your rental status, Your eScooter ID, the date and duration of Your trip, Your reports regarding breakdowns and defects, and the time at which You begin and end Your trip), Your driver’s license, passport, or government-issued ID information, Your photo identification, We may additionally access any other information, such as comments or feedback, You voluntarily provide (including through use of Your camera, location, and photos).
We may collect information about You from third-party sources.
· Operators of eScooter Sharing Businesses. We receive information from local eScooter Operators. Operators are responsible for managing, maintaining, and operating the eScooter You use through the App, and We may receive Your personal information in connection with Your execution of a rental agreement with the Operator pursuant to Your use of the App.
Twilio. Twilio is a communications company that Segway Discovery uses to facilitate text messaging and other communication services between Operators and End Users for account verification or alert purposes. These relate to messages providing verification codes. Further information related to the Twilio platform, including how messages are sent, is available through Twilio’s website. In using our App, Twilio may collect information about Your communications. For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy, https://www.twilio.com/legal/privacy/developer, and https://www.twilio.com/legal/tos#our_use.
· The purposes for which You provided it, including to locate, unlock, access, operate, return, and check-in eScooters;
· To provide services to You (including, but not limited to, sending an SMS message or other notification to provide verification codes);
· To track and manage eScooters, including establishment of a geo-fence around the ride zone, demarcation of permissible parking areas, and reporting of defects;
· To provide user verification services, including authentication of Your driver’s license, passport, or government-issued ID, and photo identification;
· To unlock and charge ride time, detect parking, and assess fines;
· To create or add to Your user profile or registered account;
· To process and respond to Your inquiries and comments;
· To send You information about Your relationship or transactions with us;
· To develop new products and services;
· To personalize and enhance Your experience using the App;
· To send periodic emails. The email address You provide may be used to send You information and updates pertaining to Your account, in addition to occasional company news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email;
· To generate and review reports and data about user bases and service usage patterns;
· To compile aggregate data for internal and external business purposes, including compiling data regarding ride length and user demographics for use in marketing to other Operators;
· To process payment transactions (Your information will be used to submit Your payment information to our payment processors);
· To display relevant advertising;
· To prevent fraud and abuse of the App and to otherwise protect users and visitors and our business;
· To comply with governmental regulations, where applicable;
· To assist law enforcement and respond to subpoenas; and
Please note that You may choose not to allow us to use Your personal information for certain purposes, as described in the “Your Choices Regarding Your Information” section below.
The use of Your personal information may be necessary to perform the agreement You have with us to provide products and services, for example, to complete Your registration, to enable Your ability to locate, unlock, access, operate, and return eScooters, and to respond to Your requests.
B. Legitimate Interests
We may use Your personal information for our legitimate interests. We rely on our legitimate interest to deliver our services to our users, to administer, analyze, and improve our services and the content on the App, to operate our business, including through the use of service providers and subcontractors (who may have access to Your data – see further information under the section “How Your Information is Disclosed”), to send You notifications about our services, and to archive, keep records, and perform statistical and analytical activities. We may also use Your personal information for administrative, fraud detection, audit, training, security, or legal purposes.
Prior to accessing this App and providing Your personal data, You may have provided Your informed consent to the collection and use of certain personal data. Insofar as other legal bases referred to in this Section III for the processing of Your personal information do not apply, We may rely on Your consent as the legal basis for processing. You are free to withdraw Your consent at any time. See also the “Your Choices Regarding Your Information” section below.
D. Compliance with Legal Obligations
We may use Your personal information to comply with legal obligations to which We are subject, including to comply with legal process.
E. Performance of a Task Carried Out in the Public Interest
We may use Your personal information to perform a task in the public interest.
· Governments. Where mandated, We make rental and ride information available to governments.
· Operators of eScooter Sharing Businesses. We share information with local Operators. Operators are responsible for managing, maintaining, and operating the eScooter You use through the App, and We may disclose Your personal information in connection with Your execution of a rental agreement with the Operator pursuant to Your use of the App. We may additionally share any feedback You provide to us with the Operator.
· Twilio. Twilio is a communications company that Segway Discovery uses to facilitate text messaging and other communication services between Operators and End Users for account verification or alert purposes. These relate to messages providing verification codes. Further information related to the Twilio platform, including how messages are sent, is available through Twilio’s website. In using our App, Twilio may collect information about Your communications. For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy, https://www.twilio.com/legal/privacy/developer, and https://www.twilio.com/legal/tos#our_use.
· Investigate fraud and abuse on the App;
· Take action regarding suspected illegal activities;
· Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
· Protect our rights, reputation, safety, and property, or that of users or others;
· Respond to claims and legal process (for example, subpoenas); and/or
· Protect against legal liability.
· Persistent cookies remain on the visitor’s device until they have either been deleted or expire.
· Session cookies disappear from the visitor’s device when they close the App.
· Flash cookies (also known as local shared objects) are data files that can be created on Your device by the websites or apps You visit, and are a way for websites or apps to store information for later use. Flash cookies are stored in different parts of Your device from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
· Web beacons are small strings of code that provide a method for delivering a graphic image for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.
We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see http://optout.networkadvertising.org/?c=1#!%2F. Note that clearing cookies from Your device will remove the above opt-outs because they are stored in cookies.
Some of our business partners, such as our payment processors, also use tracking technologies on the App, some of which may track users across online services and over time.
We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. Please keep Your account password secure to help ensure the safety of Your personal information.
While We take reasonable measures to protect the information You submit via the App against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the App may not be secure. You should use caution whenever submitting information through the App and take special care in deciding with which information You provide us.
We cannot guarantee that transmissions of Your credit or debit card or personal information will be fully secure, and that third parties will never be able to defeat our security measures or the security measures of our payment processors. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.
We will retain Your information for as long as You use the App and for a reasonable time thereafter. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required in order for the App to function properly.
You have choices regarding the use of information by the App.
· Changing Your Information – You may request to review, update, or have deleted any personal information collected from You through the App. Just send us an email asking to review or update Your personal information, or to have us delete Your personal information. However, We reserve the right to retain personal information as necessary for our business purposes, and to comply with laws. To change Your information, You may log in to Your account’s control panel and go to the settings page. If You are unable to log into Your account, please contact us at [firstname.lastname@example.org].
· Closing Your Account – You may close Your account by contacting us at [email@example.com]. If the email address or telephone number associated with Your account is not active, We may close Your account without notice.
· Withdrawing Consent - If You are an individual residing in the EU, and You provided Your consent for any particular processing of Your personal information, You have the right to withdraw Your consent to our processing of Your information at any time. You may also request that Your personal information be deleted. See further information under the section “EU Privacy Rights” below. This deletion is permanent and Your information cannot be reinstated. To proceed with this request, please email [firstname.lastname@example.org].
· Opt-Outs Available from Our Partners - Some of our partners allow users to opt out of their collection of information. Some of our partners provide information on controlling cookies. For more information, You may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, You can visit the Google Ads Settings page. Please note that, to the extent advertising technology is integrated into the App, You may still receive advertisements even if You opt out of tailored advertising. In that case, the ads will just not be tailored to Your interests. Also, We do not control any of the opt-out links above and are not responsible for any choices You make using these mechanisms, or the continued availability or accuracy of these mechanisms.
Users based in the EU have the following legal rights with respect to their information:
· The right to require Segway Discovery to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored, and whether any automated decision-making processes are used in relation to their information;
· The right to require Segway Discovery to rectify inaccurate information without undue delay;
· The right to request the erasure of their information. Subject to certain conditions, Segway Discovery may be required to erase the information in response to such request where:
o the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the App;
o where the processing of the information is based on the user’s consent (and the other circumstances described in the “Legal Bases for Processing Your Information” and “How Your information is Disclosed” sections above no longer apply), if the user withdraws his or her consent; or
o the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
· Where Segway Discovery has disclosed the information of an EU user to a third party and the user requests the erasure or rectification of the data, Segway Discovery will take all reasonable steps to inform the third party of such request.
· The right to restrict Segway Discovery from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, Segway Discovery will only process that information with the express consent of the user, or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest;
· The right to receive their information from Segway Discovery in a structured, commonly-used and machine-readable format;
· The right to object to the processing of their information by Segway Discovery where:
o Segway Discovery has relied on the “legitimate interest” basis for processing that information, in which case We will immediately stop processing the user’s information unless We have compelling legitimate grounds which override the interests, rights, and freedoms of the user; or
o the information is used for direct marketing purposes, in which case We will immediately stop processing the user’s information for such purposes.
· The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
The above legal rights are subject to various conditions and exceptions, including where the data is used for statistical or scientific research purposes, and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.
We do not knowingly collect personal information from an individual under age 18. If You are under the age of 18, please do not submit any personal information through the App. If You have reason to believe that We may have accidentally received personal information from an individual under age 18, please contact us immediately at [email@example.com].
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at [firstname.lastname@example.org], or writing us at 14 Technology Drive, Bedford, NH 03110.