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Drivemode Privacy Policy

Last Updated: 3/2/2017

This privacy policy (this "Policy") describes the collection of personal information by Drivemode, Inc., a Delaware corporation ("Company", "we", or "us") from users of our Web site at www.drivemode.com (the "Website"), as well as all related applications, widgets, software, tools, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Website, our "Services"). This Policy also describes our use and disclosure of such information. By using our Services, you consent to the collection, use, and disclosure of personal information in accordance with this Policy. This Policy is incorporated by reference into the Drivemode License Agreement (the "Agreement") and subject to the provisions of the Agreement.

Personal Information

"Personal Information," as used in this Policy, is information that specifically identifies an individual, such as an individual's name, address, telephone number, or e-mail address. Personal Information also includes information about an individual's activities, such as information about his or her activity on our Services, location information, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.

Personal Information does not include "aggregate" or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.

Collection of Information

Collection of Voluntarily-Provided Information

We collect Personal Information that our users provide to us in a variety of ways on our Services. These include the following:

  • E-mail Newsletters. We may offer e-mail newsletters or other communications from time to time on our Services. If you sign up to receive a newsletter or other communication from us, we collect your e-mail address.
  • User Accounts and Profiles. Our Services may give you the ability to register for a Company account or to create and update a user profile on the applicable Service. If we offer user account or profile functionality on the Services, we will collect the Personal Information that you provide to us in the course of registering for an account or creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, and related demographic information about you. We may indicate that some personal information is required for you to register for the account or to create the profile, while some is optional.
  • Phone Calls. If you make a phone call using the Services (each, a "Call"), we may collect information regarding the Call, including any Personal Information contained therein, and the other party. For more information on how we use Calls, please click here
  • Text Messages. If you send a text message using the Services (each, a "Text"), we may collect information regarding the Text, including any Personal Information contained therein, and the other party. For more information on how we use Texts, please click here.
  • Voice Messages. Our Services may give you the ability to record and send a voice message to others through the Services (each, a "Voice Message"). If you use the Services to record or send Voice Messages, we collect these Voice Messages and any information, including Personal Information, contained therein. For more information on how we use Voice Messages, please click here.
  • Integrated Services. You may be given the option to access or register for the Services through the use of your user name and passwords for certain services provided by third parties (each an "Integrated Service"), such as through the use of your Google credentials through Google+ and Facebook credentials through Facebook Connect. By doing this, you authorize us to access and store the credentials you provide, your name, email address(es), date of birth, gender, current city, profile picture URL, and similar information regarding your contacts on Integrated Services, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your Facebook, Google+, or other Integrated Service privacy settings to understand and change the information sent to us through Facebook Connect, Google +, or other Integrated Services. Please review each Integrated Service's terms of use and privacy policies carefully before using their services and connecting to our Services.
  • Interactive Features. Our Services may contain interactive functionality that allows you to input location information and descriptions, engage with other users on the Services, post comments to forums, to upload photographs and other content (the "User Materials"), participate in surveys, and otherwise to interact with the Services and with other users. For instance, you may use the Services to send location information to others. If you use any interactive functionality on our Services that request or permit you to provide us with personal information (including, for example, any services that allow you to post User Materials on any of our Services), we collect the Personal Information that you provide to us in the course of using these interactive features.
  • Onboard Data. If you authorize the Services to operate in connection with any third party device, software, or application that accesses or transfers data from an automobile's onboard computer systems (such a device, software, or application, an "Onboard Device," and such data, "Onboard Data"), we collect the Onboard Data that the Onboard Device makes available to the Services. Before using the Services with an Onboard Device, you should check the settings of an automobile's onboard computer systems and the Onboard Device to understand and change the information sent to us. Please review each Onboard Device's terms of use and privacy policies carefully before using their services and connecting to our Services.
  • Mobile Applications. If you install our application on your mobile device, the application may access other applications and data on your mobile device. We may collect Personal Information that you or others voluntarily input on your mobile device or access via other applications on your mobile device. We also collect information about the apps you have installed on your mobile device. We log actions you or others take using the Services, including uses of other functionality and applications on your mobile device. For instance, if you use an application for directions via the Services, we may collect information regarding the location and route. For more information regarding the information that is available to us via other mobile applications, review the privacy policies for such applications.
  • Correspondence. If you contact us by e-mail, using a contact form on the Services, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
  • Contests and Sweepstakes. We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on our Services. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In these instances, the collection of your Personal Information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such personal information.

Passive Information Collection

Our Services collect some information automatically. For example, when you access our Services, we automatically collect your browser's Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Services (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Services, the actions you take on our Services, and the content, features, and activities that you access and participate in on our Services. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message. With respect to our mobile application, our Services may utilize the tracking beacons native to your mobile device to transmit GPS coordinates and other information. Our Services may collect information even when they appear to inactive. For instance, depending on your choice of settings, our mobile application may gather location data and information on whether a user is driving at a given time even if the user does not turn on the application.

We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as "Web beacons"). We use passively-collected information to administer, operate, and improve the Services and our systems, to improve the effectiveness of advertising on our Services, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and may disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.

Our Services automatically access and collect information on your mobile device. If you install our mobile application on your mobile device, we may collect information passively through other applications and the operating system on your mobile device, including Personal Information. For instance, our mobile application may access your calendar, contacts, or maps applications, and data passively tracked by those applications, without asking for your permission. Our mobile application may extract names, phone numbers, and other information from text messages and other data available on your mobile device. Our mobile application may also access information from other applications and the operating system by accessing notifications on your device, such as missed call notifications and notifications from other applications. For more information regarding the information that is available to us via other mobile applications, review the privacy policies for such applications. Additionally, on devices using the Android operating system, you can change whether our mobile application is permitted to access certain data.

Information from Other Sources

We may receive information about you, including Personal Information, from third parties, and may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format. For instance, we may receive information about you when other users input User Materials or grant us access to Integrated Services, each of which may include information about you. We also receive information about you via APIs offered by social media and other vendors, such as Foursquare.

Use of Personal Information

We use Personal Information to provide services and information that you request; to enhance, improve, operate, and maintain our Services, our programs, Web sites, and other systems; to prevent fraudulent use of our Services and other systems; to prevent or take action against activities that are, or may be, in violation of the Beta Agreement or applicable law; to tailor advertisements, content, recommendations, and other aspects of your experience on and in connection with the Services; to maintain a record of our dealings with you; for other administrative purposes; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.

For example, here is some more information on how we use Voice Messages, Calls, and Texts:

  • We use Calls, Texts and Voice Messages to send them or make them available to the intended recipient(s);
  • We do not store Calls and we do not store Texts except any address information within a Text;
  • We may store Voice Messages for a period of time to be determined in our sole discretion;
  • We may allow recipients to store Voice Messages;
  • We may review Texts and transcripts of Voice Messages to isolate and copy addresses therein and use that address information to provide you with more information, like driving directions via a third party application;
  • We may use data regarding Calls, Texts, and Voice Messages such as time, location, recipient, and whether you are driving at the time of the communication to make tailored recommendations to you and otherwise improve our Services.

We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest.

Disclosure of Personal Information

Except as described in this Policy, we will not disclose your Personal Information that we collect on the Services to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

Recipients of Calls, Texts and Voice Messages

If you use the Services to send a Call, Text, or Voice Message, the communication and any Personal Information therein will be disclosed to the recipient(s).

Analytics Tools

The application (the “App”) may use analytical tools such as “Google Analytics,” “Mixpanel” and “Branch,” (the “Analytics Tools”) to collect information about use of the App. These Analytics Tools collect information, such as how often users use the App, what App features are used, and other information as defined in this policy under “Collection of Information”. We use Personal Information and the information collected by the Analytics Tools to make our service, the App and Website run and improve.

Mobile Application Providers

Your use of our mobile application may result in the disclosure of your Personal Information to vendors and licensors of the other mobile applications on your mobile device. For instance, you may request assistance from our application with directions to a particular location, and such data may be pushed to the maps application on your mobile device and, in turn, become available to the vendor of the maps application. The Services may also offer you the opportunity to access additional third party mobile applications not otherwise installed on your mobile device. For instance, the Services may present links with offers to sign up for services offered by third parties. If you click such a link or otherwise access such applications, we may disclose Personal Information to vendors and licensors of those applications. For instance, we may use your Personal Information to automatically populate registration forms for those applications on your behalf. If you download any such third party applications on your mobile device, the applicable terms of this Policy will apply.

Content Partners

We may disclose Personal Information to third-party service providers with whom we cooperate to provide tailored content and otherwise enhance the Services. For instance, we may disclose Personal Information regarding your driving and music-listening habits to a vendor of an music application so that the Services may make music recommendations to you.

Service Providers

We may disclose Personal Information to third-party service providers (e.g., payment processing and data storage and processing facilities) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.

Public Areas and Syndicated Services

Some features on our Services may allow you to upload, post, or otherwise transmit User Materials to public areas of the Services such as content that you post in a public profile on the Services. We may make these User Materials available for display upon Company properties that are not governed by this Policy, as well as to services operated by third parties that display content from the Website (collectively, "Syndicated Services"). Please be aware that any Personal Information that you include within any User Materials will be made available to other users of the Services, and to users of Syndicated Services, who view it. You include Personal Information in User Materials at your sole risk. Event after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Services will not be accessed, viewed, or used by unauthorized persons.

Business Transfers

Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of Company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.

To Protect our Interests

We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Services and other users of the Services.

Choice

If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at privacy@drivemode.com or by writing to us at the address given at the end of this policy. Additionally, if we offer user account functionality on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.

Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Services.

Access

If the Services offer you the ability to create lists of favorites or recommendations, for instance if the Services allow you to build lists of favorite locations or suggest locations to other users, you may have the ability to access and update such lists including any Personal Information therein.

Links

The Services may contain links to other Web sites, products, or services that we do not own or operate. For example, the Services may contain links to third-party merchants from which users may purchase sound recordings that are streamed through the Services. The Services also may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Services may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Services before providing any Personal Information on them.

Children

Children's safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected personal information from a child under the age of 13 on our Services, we will delete that information as quickly as possible. If you believe that we may have collected any such personal information on our Services, please notify us at privacy@drivemode.com.

International Visitors

Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.

Security

We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. We encrypt data communications and rely on the security procedures of our cloud server vendors, such as Amazon Web Services and Google Drive. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.

Do Not Track

We do not respond to "do not track" signals or other similar mechanisms.

California Privacy Rights

Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

Drivemode, Inc
557 Shadow Glen
San Jose, CA 95129

Please allow 30 days for a response.

Updates to this Policy

We may occasionally update this Policy. When we do, we will also revise the "last updated" date at the beginning of the Policy. Your continued use of our Services after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose personal information.

Contacting Us

If you have any questions or comments about this Policy, please contact us using the following contact information:

Drivemode, Inc.
557 Shadow Glen
San Jose, CA 95129
privacy@drivemode.com