Effective Date: January 3,
2020
When you use any of the products or services offered
by Curb Mobility, LLC or its subsidiaries (collectively, “CML”), including
our payment systems, our ride booking platform, our apps (including the Curb®
mobile app) (“Apps”), our driver solutions, our dispatch systems, our
websites (“Sites”) and/or our other channels that enable users to connect to our systems to use or
obtain services (collectively, the “Platform”
and, such services, “Services”), we may collect the types of personal information and
data described below. This privacy notice
describes how we use that information and data, with whom we share it and the
choices available to users of our Platform and Services regarding our use of
that information and data. In addition, we describe the measures we take to
protect the security of the information and how users can contact us about our
privacy practices.
A. Scope
This notice applies to users of the Platform or the
Services anywhere in the world.
This notice specifically applies to:
·
Payers and
Payees: individuals who attempt to
or actually make or receive a payment via or payment systems, including our
payment terminals and/or Apps, whether such payments are made using a credit
card, an account on the Platform (an “Account”) or through other means.
·
Passengers: individuals who request or receive transportation,
including those who receive transportation requested by another individual.
·
Drivers: individuals who provide transportation, whether
individually or through a third party transportation company (e.g., a
taxi dispatch association or radio network).
This notice also governs CML’s other collections of
personal data in connection with the Services. For example, we may collect the
contact information of individuals who use accounts on the Platform established
by business, corporate or government agency users of our Platform.
All those subject to this notice are referred to
herein as “users”.
In addition, please note the following:
·
For
California users: Information regarding CML’s
privacy practices related to the California Consumer Privacy Act (CCPA) is available here.
·
For
passengers without a CML account: The personal data of
passengers who take trips arranged via our Platform (including our Apps) by the
holder of an Account (such as a corporation, government agency or healthcare
provider) is processed in accordance with our contract with the holder of that
account, the terms of which contract supersede and take precedence over any
conflicting terms of this notice. Such processing may include sharing of
passenger location data and usage of Platform or the Services with the Account
holder. Please contact the Account holder for more information.
Our data practices are subject to applicable laws in
the places in which we operate. This means that we engage in the practices
described in this notice in a particular country or region only if permitted
under the laws of those places. Please contact us at support@gocurb.com
with any questions regarding our practices in a particular country or region.
Curb Mobility, LLC (11-11 34th
Avenue, Long Island City, NY 11106, USA) is the data controller for the
personal data collected in connection with use of the Platform or Services in
the United States and Canada.
CML Mobility Limited (Gloucester
House, 10 Camberwell New Road, London SE5 0TA, United
Kingdom) is the data controller for the
personal data collected in connection with use of the Platform or Services in
the European Economic Area and the United Kingdom.
We process personal data inside and outside of the
United States. The personal data of users outside the United States is
transferred to the United States or other places on the basis of mechanisms
approved under applicable laws, such as the Standard
Contractual Clauses.
Questions, comments or complaints about CML’s data
practices can be submitted to support@gocurb.com.
CML collects:
·
Data provided
by users to CML, such as during account creation and/or when making a payment
or requesting transportation;
·
Data
created during use of the Platform or Services, such as payment information,
location, App usage and/or device data; and
·
Data from
other sources, such as third parties that use CML APIs and/or provide analysis
of collected data.
The following data is collected by or on behalf of
CML:
1. Data provided by users, which includes:
·
User
profile: We collect data when users
create or update their Accounts. This may include their name, email, phone
number, username and password, address, profile picture, payment or banking
information (including related payment verification information), government
identification documents (including driver’s license numbers and images),
birthdate, signature and/or photo. This may also include vehicle or insurance
information of drivers and user settings. We may use information (including
photos) submitted by users to verify their identities or Account usage, such
as, for example, cross-referencing public databases and/or using facial
recognition technologies. For more information, please see the section titled “How we use personal data.”
·
Background
check and identity verification:
We may collect background check and identity verification information for
drivers who establish an account with us directly. This may include information
such as driver history or criminal record (where permitted or required by
applicable law) and right to work. This information may be collected by an
authorized vendor on CML’s behalf.
·
User
content: We collect the information
users submit when they contact CML, including for customer support. This may
include feedback, photographs or other recordings collected by users, as well
recordings of telephone calls or other communications between users and CML.
2. Data created during use of our
Platform or Services, which
includes:
·
Location
data: We collect precise or
approximate location data from a user’s mobile device if enabled by the user to
do so. For drivers, CML collects this data either from CML equipment installed
in the vehicles or when the Curb® driver App is running in the foreground (app
open and on-screen) or background (app open but not on-screen) of their mobile
devices. For passengers, CML collects this data when the passenger is engaged
in a trip and the Curb® passenger App is running in the foreground or the
background. For payers and payees, CML collects this data from the CML equipment
or Apps through which payments are made. Passengers may use certain Apps
without enabling CML to collect location data from their mobile devices; however,
this may affect some functionality available in such Apps. For example, a user
who has not enabled location data collection in the Curb® passenger App will
have to manually enter his or her pickup address when making a transportation
request. In addition, the location data collected from a CML or driver device
during a trip or a payment may be linked to the user’s account, even if the
user has not enabled location data to be collected from his, her or its device,
including for purposes of receipt generation, customer support, fraud
detection, insurance and/or litigation.
·
Transaction
and Payment information: We collect transaction
information (including payment information) related to the use of our Platform
or Services, including the type of Services requested or provided, request
details, trip information, date and time the Service was provided, amount
charged, distance traveled and payment method.
·
Usage data: We collect data about how users interact with our
Platform and Services. This includes data such as access dates and times, App
or Site features or pages viewed, App or Site crashes and other system
activity, type of browser and third-party sites or services used before
interacting with our Platform and Services. In addition, if you visit our Sites, we
may collect certain information by automated means, such as cookies and web beacons.
The information collected in this manner includes IP address, browser
characteristics, device characteristics, operating system, language
preferences, referring URLs, information on actions taken on the Sites and
dates and times of Site visits. A “cookie” is a text file that websites send to
a visitor’s computer or other Internet-connected device to uniquely identify
the visitor’s browser or to store information or settings in the browser. A
“web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web
pages to web servers and their cookies and may be used to transmit information
collected through cookies back to a web server. Through these automated
collection methods, we may obtain “clickstream data,” which is a log of content
on which a visitor clicks while browsing a website. As a visitor clicks through
our website, a record of the action may be collected and stored. Certain data elements collected through
automated means, such as your browser information, may be linked with other information
otherwise obtained about you to let us know, for example, whether you have
opened an email we sent to you. Your browser may tell
you how to be notified when you receive certain types of cookies or how to
restrict or disable certain types of cookies. Please note, however, that
without cookies you may not be able to use all of the features of our Sites.
·
Device
data: We may collect data about
the devices used to access our Platform or Services, including the hardware
models, device IP addresses, operating systems and versions, software,
preferred languages, unique device identifiers, advertising identifiers, serial
numbers, device motion data and mobile network data.
·
Communications
data: We may enable users to
communicate with each other and/or CML through our Apps, Sites, email, text
message, telephone and/or other means. For example, we enable drivers and
passengers to call, text or send other files to each other (generally without
disclosing their telephone numbers to each other). To provide this service, CML
receives some data regarding the calls, texts or other communications,
including the date and time of the communications and the content of the
communications. CML may also use this data for customer support services
(including to resolve disputes between users), for safety and security purposes
(including fraud prevention), to improve our products and services and/or for
analytics.
3. Data from other sources, which includes:
·
User feedback, such as
ratings, feedback, complaints or compliments.
·
Users participating in our
referral programs. For example, when a user refers another person, we receive
the referred person’s personal data from that user.
·
Account holders who request services
for or on behalf of other users, or who enable such users to request or receive
services through their accounts. This includes holders of Curb for Business
Accounts.
·
Users or others providing
information in connection with claims or disputes.
·
CML business partners through
which users create or access their Account, such as third party apps or
websites that use CML’s APIs or whose APIs CML uses.
·
Vendors who help us verify
users’ identity, background information or eligibility to work, or the authenticity
of a user’s request for Services, whether for regulatory, safety or security
purposes.
·
Insurance, vehicle or
financial services providers for drivers.
·
Transportation companies such
as dispatch associations, radio networks or for-hire-vehicle rental fleets (for
drivers who use our services through an account associated with such a
company).
·
Publicly available sources.
·
Marketing service providers.
CML may combine the data collected from these sources
with other data in its possession.
CML collects and uses data to
enable reliable and convenient transportation, delivery, and other products and
services. We also use the data we collect:
·
To enhance
the safety and security of our users, Platform and Services, including fraud prevention
·
For
customer support and/or dispute resolution
·
For
research and development
·
To enable
communications with, between or among users
·
To send marketing
and non-marketing communications to users
·
In
connection with legal or administrative proceedings
CML does not sell or share user personal
data with third parties for their direct marketing, except with users’ consent.
CML uses the data it collects for purposes including:
1. Providing Services and
features.
CML uses the data we collect to provide, personalize, maintain, and improve our Platform and Services.
This includes using the data to:
·
Create and update users’
accounts.
·
Verify drivers’ identity,
background history and/or eligibility to provide transportation.
·
Verify the probability of a
user’s Service request being authentic.
·
Enable transportation and
other Services.
·
Offer, process or facilitate
payments for Services.
·
Track and share the progress
of trips arranged via the Platform.
·
Enable features that allow
users to share information with other people, such as share ETA and location
with their contacts.
·
Perform internal operations
necessary to provide our services, including to troubleshoot software bugs and
operational problems; to conduct data analysis, testing, and research; and to
monitor and analyze usage and activity trends.
2. Safety and security.
We use personal data to help maintain the safety,
security and integrity of our Platform, Services and users. This includes:
·
Screening passengers and drivers
before enabling their use of our Services and at subsequent intervals,
including through reviews of background checks, where permitted by law, to help
prevent use of our Services by unsafe persons.
·
In certain regions, using
information derived from driver’s photos submitted to CML for safety and
security purposes. This includes prompting drivers establishing an account on
the Curb® driver App to share a selfie before enabling such driver to receive
trip requests.
·
Using device, location,
profile, usage and other data to prevent, detect, and combat fraud or unsafe
activities.
·
Using user ratings and
feedback to encourage compliance with our performance expectations and as
grounds for de-prioritizing drivers with low ratings or who otherwise fail to
meet such expectations.
3. Customer support.
CML uses the information we collect (including
recordings of customer support calls with notice to and the consent of the
user) to provide customer support, including to:
·
Direct questions to the
appropriate customer support person
·
Investigate and address user
concerns
·
Monitor and improve our
customer support responses and processes
4. Research and development.
We may use the data we collect for testing, research, analysis, product development and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our Platform and Services, improve our ability to prevent the use of our Platform or Services for illegal or improper purposes and develop new features and products.
5. Enabling communications between
users.
For example, a driver may message or call a passenger
to confirm a pickup location or a passenger may contact a driver to retrieve a
lost item.
6. Marketing.
CML may use the data we collect to market our
Services to our users. This includes sending users communications about CML
services, features, promotions, sweepstakes, studies, surveys, news, updates and
events.
We may also send communications to our users about
products and services offered by CML partners. For example, if a user has used
a certain payment card to pay for Services, we may send that user a
communication regarding an offer or promotion provided by that payment card
network (e.g., Mastercard, American Express, etc.). Although we may send
users communications about CML partners’ products and services, we do not sell users’ personal data to, or
share it with, such partners or others for purposes of their own direct
marketing or advertising, except with users’ consent.
We may use the data we collect to personalize the
marketing communications (including advertisements) that we send, including
based on user location, past use of CML’s services and user preferences and
settings.
7. Non-marketing communications.
CML may use the data we collect to generate and
provide users with receipts; inform them of changes to our terms, services, or
policies; or send other communications that aren’t for the purpose of marketing
the services or products of CML or its partners.
8. Legal proceedings and
requirements.
We may use the personal data we collect to
investigate or address claims or disputes relating to use of the Platform or
Services, or as otherwise allowed by applicable law, or as requested by
regulators, government entities and official inquiries.
9. Automated decision-making.
We use personal data to make automated decisions
relating to use of our services. This includes:
·
Matching available vehicles to
users requesting ground transportation. Users can be matched based on
availability, proximity and other factors.
·
Deactivating users who are
identified as having engaged in fraud or activities that may otherwise harm
CML, its users and/or others.
·
Using user location
information, and communications between passengers and drivers, to identify
no-show or cancellation fees payable or induced through fraud. For example, if
we determine by using such information that a driver is delaying a passenger
pickup in order to induce a cancellation, we will not charge the passenger a
no-show or cancellation fee and may instead charge the driver a no-show or
cancellation fee.
CML and its partners use cookies
and other identification technologies on our Apps, Sites, emails, and online
ads for purposes described in this notice.
Cookies are small text files that are stored on
browsers or devices by websites, apps, online media, and advertisements. CML
uses cookies and similar technologies for purposes such as:
·
Authenticating users
·
Remembering user preferences
and settings
·
Determining the popularity of
content
·
Delivering and measuring the
effectiveness of advertising campaigns
·
Analyzing App and Site
traffic and trends, and generally understanding the online behaviors and
interests of people who interact with our Platform or Services
We may also allow others to provide audience measurement
and analytics services for us, to serve advertisements on our behalf across the
Internet and to track and report on the performance of those advertisements.
These entities may use cookies, web beacons, SDKs and other technologies to
identify the devices used by visitors to our Sites, as well as when they visit
other online sites and services.
Some of CML’s Services require
that we share data with other users or at a user’s request. We may also share
data with our affiliates, subsidiaries and partners, for legal reasons or in
connection with claims or disputes.
CML may share the data we collect:
1. With other users
This includes sharing:
·
Passengers’ name and pickup
and/or dropoff location with drivers.
·
Passengers’ name with other
passengers in a shared ride. Passengers in shared rides may also see the dropoff location of the other passengers.
·
We may share diver
information and data with passengers and/or Account holders, including name and
photo; vehicle make, model, color, license plate, and vehicle photo; location
(before and during trip); and contact information (depending upon applicable
laws). We also provide passengers with receipts containing information such as
a breakdown of amounts charged, vehicle license plate and/or registration
number, driver name and/or license number, driver and/or vehicle photo, route
map, and such other information required on invoices in the country or region
where the trip was performed.
2. At the user’s request
This includes sharing data with:
·
Other
people at the user’s request. For example, we share a
user’s ETA and location with a friend when requested by that user, or a user’s
trip information when they split a fare with a friend.
·
CML
business partners. For example, if a user
requests a service through a partnership or promotional offering made by a
third party, CML may share certain data with those third parties. This may
include, for example, other services, platforms, apps or websites that
integrate with our APIs; vehicle suppliers or services; those with an API or
service with which we integrate; or restaurant partners or other CML business
partners and their users in connection with promotions, contests, or
specialized services.
3. With the general public
Questions or comments from users submitted through
public forums such as CML blogs and CML social media pages may be viewable by
the public, including any personal data included in the questions or comments
submitted by a user.
4. With the CML Account holder
If a user requests Services using an Account held by
another party or payment for which Services will be charged to an Account held
by another party, we may share the request and/or trip information, including
real-time location data, with the Account holder. This occurs, for example,
when:
·
A passenger uses their
employer’s Curb for Business account (or a sub-account thereof) to arrange or
pay for a trip via the Platform;
·
A driver uses an Account held
by or associated with a third party transportation company (e.g., a
dispatch association, radio network or for-hire vehicle rental company); or
·
A passenger takes a trip
arranged by a third party under that third party’s Account.
5. With CML subsidiaries and
affiliates
We share data with our subsidiaries and affiliates to
help us provide our services or conduct data processing on our behalf. For
example, CML processes and stores data in the United States on behalf of its
international subsidiaries and affiliates.
6. With CML service providers and
business partners
CML provides data to vendors, consultants, marketing
partners, research firms and other service providers or business partners.
These include:
·
Payment processors and
facilitators
·
Background check and identity
verification providers (drivers and delivery partners only)
·
Cloud storage providers
·
Marketing partners and
marketing platform providers, including social media advertising services
·
Data analytics providers
·
Research partners, including
those performing surveys or research projects in partnership with CML or on
CML’s behalf
·
Vendors that assist CML to
enhance the safety and security of its Platform, including its Apps
·
Consultants, lawyers,
accountants and other professional service providers
·
Transportation company
partners (e.g., dispatch associations, radio networks or for-hire
vehicle rental companies)
·
Insurance and financing
partners
7. For legal reasons or in the
event of a dispute
CML may share users’ personal data if we believe it’s
required by applicable law, regulation, operating license or agreement, legal
or administrative process or governmental request, or where the disclosure is
otherwise appropriate due to safety, fraud or similar concerns. This includes
sharing personal data with law enforcement officials, public health officials,
other government authorities, airports (if required by the airport authorities
as a condition of providing Services on airport property) or other third
parties as necessary to enforce our Terms of Service, user agreements or other
policies; to protect CML’s rights or property or the rights, safety, or
property of others; or in the event of a claim or dispute relating to the use
of our Platform or Services. If you use another person’s credit card, we may be
required by law to share your personal data, including trip or order
information, with the owner of that credit card.
This also includes sharing personal data with others
in connection with, or during negotiations of, any merger, sale of company
assets, consolidation or restructuring, financing, or acquisition of all or a
portion of our business by or into another company.
8. With consent
CML may share a user’s personal data other than as
described in this notice if we notify the user and they consent to the sharing.
CML retains user profile,
transaction and other personal data for as long as a user maintains their
Account.
CML may retain certain user data
after receiving an Account deletion request if necessary, such as to comply
with legal requirements.
For drivers, CML may also retain vehicle and
background check information (to the extent permitted by law) for as long as
they maintain their Account.
Passengers may request deletion of their account at
any time via email to support@gocurb.com.
Following such requests, CML deletes the data that it is not required to retain
for purposes of regulatory, tax, insurance, litigation, document retention or
other legal or compliance requirements. While it retains such data, it may also
use it for purposes of safety, security, fraud prevention and detection, and
research and development. In certain circumstances, CML may be unable to delete
a user’s Account, such as if there’s an outstanding credit or payment on the
account or an unresolved claim or dispute. Upon resolution of the issue
preventing deletion, CML will delete the Account as described above.
CML may also retain certain information if necessary
for purposes of safety, security, and fraud prevention. For example, if CML
deactivates an Account because of unsafe behavior or security incidents, CML
may retain certain information about that Account to prevent that user from
opening a new Account in the future.
We only collect and use personal
data where we have lawful grounds to do so. These include processing user
personal data to provide requested Services, for purposes of CML’s legitimate
interests or those of other parties, to fulfill our legal obligations, or based
on consent.
We collect and use personal data only where we have
one or more lawful grounds for doing so. Such grounds may vary depending on
where our users are located, but generally include processing personal data:
1. To provide requested Services
In order to provide our Services, we must collect and
use certain personal data. This includes:
·
User profile data, which we
use to establish and maintain Accounts; verify user identity; communicate with
users about their Services, requests and Accounts; and enable users to make
payments or receive earnings
·
Background information, which
is used to verify an applicant’s eligibility to be provide transportation
·
Location data, which we use
to facilitate and track trips and assist with navigation
·
Usage data, which is
necessary to maintain, optimize and enhance the Services, including to
determine incentives, connect passengers and drivers and calculate costs of
trips
·
Transaction and payment
information
·
Information relating to customer
support
2. For purposes of the legitimate
interests of CML or other parties
This includes using personal data to maintain and
enhance our users’ safety and security. For example, we use personal data to
prevent use of our Services by users who have engaged in inappropriate or
dangerous behavior, such as by retaining data of banned users to prevent their
use of the Platform or Services.
This also includes purposes such as combating fraud;
improving our services, direct marketing, research, and development; and
enforcing our Terms of Service.
In addition, it includes using personal data to the
extent necessary for the interests of other people or the general public, such
as in connection with legal or insurance claims, and to protect the rights and
safety of others.
3. To fulfill CML’s legal
obligations
For example, CML is subject to laws and regulations
in many cities and countries that require it to collect and retain data about
our users’ trips, and to provide copies of such data to the government or other
authorities. We collect and use personal data to comply with such laws.
CML may also share data with law enforcement
regarding criminal acts or threats to public safety, or requests by third
parties pursuant to legal processes.
4. With consent
CML may collect and use personal data based on the
user’s consent. For example, we may collect personal data through voluntary
surveys. Responses to such surveys are collected on the basis of consent and
will be deleted once no longer necessary for the purposes collected.
A user who has provided consent to a collection or
use of their personal data can revoke it at any time. However, the user will
not be able to use any Service that requires collection or use of that personal
data.
CML enables users to access and
control the data that CML collects, including through:
·
In-app
settings
·
Device
permissions
·
Marketing
opt-outs
CML also enables users to request
access to or copies of their data, changes or updates to their Accounts,
deletion of their Accounts, or that CML restrict its processing of user
personal data.
A. Privacy settings
CML provides users with trip status notifications and
updates related to activity on their account. These notifications are a
necessary part of using the CML app and cannot be disabled. However, users may
choose the method by which they receive these notifications through the
Settings > Profile > Push Notifications menu in the CML app. Disabling push notifications may limit your ability
to use our Services.
A passenger can adjust his or her location-sharing
preferences in the settings menus of his or her mobile device. The Curb® mobile
App uses passengers’ device location services to make it easier to arrange a
trip whenever they need one. Location data helps improve our services,
including pickups, navigation and customer support. Disabling our Apps’ access to your device’s
location services may limit your ability to use our Services.
B. Device permissions
Most mobile device platforms (iOS, Android, etc.)
have defined certain types of device data that apps cannot access without the
device owner’s permission, and these platforms have different methods for how
that permission can be obtained. iOS devices notify users the first time the
CML app requests permission to access certain types of data and gives users the
option to grant or refuse permission. Android devices notify users of the
permissions that the CML app seeks before their first use of the app, and use
of the app constitutes a grant of such permission.
D. Marketing opt-outs
Users may opt out of receiving marketing and
promotional communications from CML by following the unsubscribe instructions
in those communications. We may still send non-promotional communications to
users who have opted out of marketing and promotional communications, such as
receipts for rides or information about their Account.
E. User data requests
CML provides users with a variety of ways to learn
about, control, and submit questions and comments about CML’s handling of their
data. To make a request, please send an email to support@gocurb.com.
·
Accessing
data: Users can ask for an
explanation of the data we collect from them and how we use it.
·
Receiving
data: Users can ask for a copy of
data that CML collects from them with their consent or as necessary to provide
our services.
·
Changing
or updating data: Users can edit the name, phone
number, email address, payment method and photo associated with their account
through the Settings menu in CML’s Apps or Sites. They may also ask that CML
change or update their data, including if they believe such data is inaccurate
or incomplete.
·
Deleting
data: Users may request deletion
of their account at any time by submitting such request to support@gocurb.com.
·
Objections,
restrictions, and complaints: Users may request that we
stop using all or some of their personal data, or that we limit our use of
their data. CML may continue to process data after such objection or request to
the extent required or permitted by law.
In addition, depending on their location, users may
have the right to file a complaint relating to CML’s handling of their personal
data with the data protection authority in their country. For example, users in
the United Kingdom may submit such requests to the Information Commissioner’s
Office.
We may occasionally update this
notice. Use of our Platform or Services after an update constitutes consent to
the updated notice to the extent permitted by law.
If we make significant changes to this notice, we
will notify users in advance of the changes through the CML Apps or Sites or
through other means, such as email. We encourage users to periodically review
this notice for the latest information on our privacy practices. After such
notice, use of our services will be understood as consent to the updates to the
extent permitted by law.