This policy describes how Ziphawk Inc. (“Ziphawk” or “we” or “us”) collect, use, and share personal information. This policy applies to your use of any Ziphawk service, including use of Ziphawk application, website, and technology platform (collectively, the “Ziphawk Platform”). This privacy policy is intended only for users and members located in the United States.

Consent

When you provide us with your personal information and other data, you consent and agree to our use and disclosure of the information as permitted by applicable law and consistent with this privacy policy. We collect personal data directly from you by phone, fax, or email, social media, through your use of the Ziphawk Platform.

The Information We Collect           

When you use the Ziphawk Platform, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like third party services, and optional programs in which you participate, which we may combine with other information we have about you. Here are the types of information we collect about you:

A.        Information You Provide to Us

            i.          Account Registration. When you create an Account with Ziphawk, we collect the

information you provide to us, such as your name, email address, phone number, birth date, and payment information. You may choose to share additional info with us for your Driver profile, like your photo or saved addresses (e.g., home or work), and set up other preferences (such as your preferred pronouns).

            ii.         Driver Information. If you apply to be a Driver with Ziphawk, we will collect the

information you provide in your application, including your name, email address, phone number, birth date, profile photo, physical address, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information. We collect the payment information you provide to us, including your bank routing numbers, and tax information. Depending on where you want to drive, we may also ask for additional business license or permit information. We may need additional information from you at some point after you become a Driver, including information to confirm your identity (like a photo).

            iii.        Ratings and Feedback. When you rate and provide feedback about Riders or

Drivers, we collect all of the information you provide in your feedback.

            iv.        Communications. When you contact us or we contact you, we collect any

information that you provide, including the contents of the messages or attachments you send to us.

B.        Information We Collect When You Use the Ziphawk Platform

            i.          Location Information. We collect this information to ensure an easy and accurate

pickup. The Ziphawk Platform collects location information (including GPS and WiFi data) differently depending on your Ziphawk app settings and device permissions as well as whether you are using the platform as a Driver, Organizer, or Rider:

• Organizers and Riders: We collect your device’s precise location when you open and use the Ziphawk Platform, including while the Platform is running in the background from the time you request a ride until it ends.
• Drivers: We collect your device’s precise location when you open and use the app, including while the app is running in the background when it is in Driver mode. We also collect precise location for a limited time after you exit Driver mode in order to detect ride incidents and continue collecting it until a reported or detected incident is no longer active.

            ii.         Usage Information. We collect information about your use of the Ziphawk

Platform, including ride information like the date, time, destination, distance, route, payment, and whether you used a promotional or referral code. We also collect information about your interactions with the Ziphawk Platform like our apps and websites, including the pages and content you view and the dates and times of your use.

            iii.        Device Information. We collect information about the devices you use to access

the Ziphawk Platform, including device model, IP address, type of browser, version of operating system, identity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such as preferred language), application installations, device identifiers, advertising identifiers, and push notification tokens. If you are a Driver, we also collect mobile sensor data from your device (such as speed, direction, height, acceleration, deceleration, and other technical data).

            iv.        Communications Between Riders and Drivers. We work with a third party to

facilitate phone calls and text messages between Drivers and Organizers or Riders without sharing either party’s actual phone number with the other. Although we use a third party to provide the communication service, we collect information about these communications, including the participants’ phone numbers, the date and time, and the contents of SMS messages. For security purposes, we may also monitor or record the contents of phone calls made through the Ziphawk Platform, but we will always let you know we are about to do so before the call begins.

            v.         Address Book Contacts. You may set your device permissions to grant Ziphawk

access to your contact lists and direct Ziphawk to access your contact list, for example to help you refer friends to Ziphawk. If you do this, we will access and store the names and contact information of the people in your address book.

vi.        Cookies, Analytics, and Third-Party Technologies. We collect information through the use of “cookies”, tracking pixels, data analytics tools like ​Google Analytics​, SDKs, and other third party technologies to understand how you navigate through the Ziphawk Platform and interact with Ziphawk advertisements, to make your Ziphawk experience safer, to learn what content is popular, to improve your site experience, to serve you better ads on other sites, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Ziphawk Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may miss out on certain features of the Ziphawk Platform.

C.        Information that We Collect from Third Parties

i.          Third-Party Services. Third-party services provide us with information needed for

core elements of the Ziphawk Platform, as well as for additional services, programs, loyalty benefits, and promotions that can enhance your Ziphawk experience. These third-party services include background check providers, insurance partners, financial service providers, marketing providers, and other businesses. We obtain the following information about you from these third-party services:

• Information to make the Ziphawk Platform safer, like background check information for Drivers;
• Information about your participation in third-party programs that provide things like insurance coverage and financial instruments, such as insurance, payment, transaction, and fraud detection information;
• Information to operationalize loyalty and promotional programs, such as information about your use of such programs; and
• Information about you provided by specific services, such as demographic and market segment information.

            ii.         Referral Programs. If someone refers you to Ziphawk, we will collect information

about you from that referral including your name and contact information.

iii.        Other Users and Sources. Other users or public or third-party sources such as

law enforcement, insurers, media, or pedestrians may provide us information about you (i.e., as part of an investigation into an incident or to provide user support).

How We Use Your Information

We use your personal information to do the following:

A.        Provide the Ziphawk Platform. Your personal information enables Ziphawk to

provide a satisfactory experience on our platform. We may use your personal information to:

• Verify your identity and maintain your Account, settings, and preferences;
• Connect you to your rides and track their progress;
• Calculate prices and process payments;
• Allow Drivers and Riders or Organizers to communicate regarding their ride and choose to share their location with others;
• Communicate with you about your rides and experience;
• Collect feedback regarding your experience;
• Facilitate additional services and programs with third parties; and
• Operate contests, sweepstakes, or other promotions.

B.        Maintain the Security and Safety of the Ziphawk Platform and its Users. To better

provide you with a secure and safe Ziphawk experience, we may use your personal information to: 

• Authenticate Platform Users;
• Verify that Drivers and their vehicles meet safety requirements;
• Investigate and resolve incidents, accidents, and insurance claims;
• Encourage safe driving behavior and avoid unsafe activities;
• Find and prevent fraud; and
• Block and remove unsafe or fraudulent Platform Users from the Ziphawk Platform.

C.        Cultivate and Maintain the Ziphawk Community. Ziphawk strives to be a positive

presence in the community and build a user-network that reflects the same. To do this, we may use your personal information to:

• Communicate with you about events, promotions, elections, and campaigns;
• Personalize and provide content, experiences, communications, and advertising to promote and grow the Ziphawk Platform; and
• Help facilitate donations you choose to make through the Ziphawk Platform.

D.        Provide Customer Support. Our goal is to provide the best possible experience to

Platform Users. To support users when needed, we may use your personal information to:

• Investigate and assist you in resolving questions or issues you have regarding the Ziphawk Platform; and
• Provide support and respond to inquiries or concerns.

E.         Improve the Ziphawk Platform. We are always working to enhance and improve your

experience with the Ziphawk Platform, including providing new and helpful features. To do this, we may use your personal information to:

• Perform research, testing, and analysis;
• Develop new products, features, partnerships, and services;
• Prevent, identify, and resolve software or hardware bugs and issues; and
• Monitor and improve our operations and processes, including security practices, algorithms, or other modeling.

F.         Respond to Legal Proceedings and Obligations. In the event that we are legally

obligated to share or disclose information regarding the services that we provide, we may use your personal information to respond to any such requests, demands, or obligations.

How We Share Your Information

To make the Ziphawk Platform work, we may need to share your personal information with other users, third parties, and service providers. This section explains when and why we share your information.

A.        Sharing Between Platform Users.

            i.          Rider Information Shared with Drivers. Upon receiving a ride request, we share

with the Driver: the Rider’s pickup location, name, profile photo, rating, Rider statistics (like approximate number of rides and years as a Rider), and information the Organizer includes in their profile (like preferred pronouns). Upon pickup and during the ride, we share with the Driver: the Rider’s destination and any additional stops the Rider may input into the Platform. Once the ride is finished, we also eventually share, with the Driver, any rating and feedback from the Rider or Organizer. (We remove the identity of the Rider or Organizer associated with ratings and feedback when we share it with Drivers, but a Driver may be able to identify the Rider that provided the rating or feedback.)

ii.         Driver Information Shared with Riders.​ Upon a Driver’s acceptance of a requested ride, we will share with the Organizer or Rider: the Driver’s name, profile photo, preferred pronouns, rating, real-time location, and the vehicle make, model, color, and license plate, as well as other information in the Driver’s Ziphawk profile, such as information Drivers choose to add (like country flag and why you drive) and Driver statistics (like approximate number of rides and years as a Driver).

iii.        Although we help Drivers and Organizers or Riders communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Platform Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider, Organizer, or Driver, including sharing actual contact information with your consent.

            iv.        Shared Ride Riders. If Riders share a ride through the Ziphawk Platform, we

share each Rider’s name and profile picture to ensure safety. Riders may also see each other’s pickup and drop-off locations as part of knowing the route while sharing the ride.

            v.         Rides Requested or Paid for by Others. Some rides you take may be requested

or paid for by others. If you take one of those rides, we may share some or all of your ride details with that other party, including the date, time, charge, rating given, region of trip, and pick up and drop off location of your ride.

            vi.        Referral Programs. If you refer someone to the Ziphawk Platform, we will let

them know that you generated the referral. If another user referred you, we may share information about your use of the Ziphawk Platform with that user. For example, a referral source may receive a bonus when you join the Ziphawk Platform or complete a certain number of rides and would receive such information.

B.        Sharing with Third-Party Service Providers for Business Purposes.

Depending on whether you’re a Driver, Organizer, or Rider, Ziphawk may share the following categories of your personal information to provide you with a variety of the Ziphawk Platform’s features and services:

• Personal identifiers, such as your name, address, email address, date of birth, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information;
• Financial information, such as bank routing numbers, tax information, and any other payment information you provide us;
• Commercial information, such as ride information, Driver/Organizer/Rider statistics and feedback, and Driver/Organizer/Rider transaction history;
• Internet or other electronic network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers; and
• Location data.

            We disclose those categories of personal information to service providers to fulfill the

following business purposes:

• Maintaining and servicing your Ziphawk Account;
• Processing or fulfilling rides;
• Providing customer service;
• Processing Rider or Organizer transactions;
• Processing Driver applications and payments;
• Verifying the identity of users;
• Detecting and preventing fraud;
• Processing insurance claims;
• Providing Driver loyalty and promotional programs;
• Providing marketing and advertising services to Ziphawk;
• Providing financing;
• Providing requested emergency services;
• Providing analytics services to Ziphawk; and
• Undertaking internal research to develop or enhance the Ziphawk Platform.

C.        Sharing Information for Legal Reasons or to Protect the Ziphawk Platform.

            We may share your personal information in response to a legal obligation, or if we have

determined that sharing your personal information is reasonably necessary or appropriate to:

• Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, or enforceable governmental request;
• Respond to legal process (such as a search warrant, subpoena, summons, or court order);
• Enforce our Terms of Use;
• Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
• Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third-parties, or the public, as required or permitted by law.

D.        Sharing Information in Connection with Sale or Merger.

            We may share your personal information while negotiating or in relation to a change of

corporate control such as a restructuring, merger, or sale of our assets.

E.         Sharing Upon Further Direction from Platform Users.

            With your permission or upon your direction, we may disclose your personal information

to interact with a third party or for other purposes.

How We Store and Protect Your Information

We retain your information for as long as necessary to provide the Ziphawk Platform to you and our other users. This means that we keep your profile information for as long as you maintain an Account. We retain transactional information, such as rides and payments, for at least seven years to ensure that we can perform legitimate business functions, like accounting for tax obligations. If you request Account deletion, we will delete your information as set forth in the “Deleting Your Account” section below.

We take reasonable and appropriate measures designed to protect your personal information, however, we cannot guarantee the security of your information, including from unauthorized intrusions or acts by third parties.

Your Rights and Choices Regarding Your Data

Ziphawk provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.

A.        All Users.

            i.          Email Subscriptions. You can always unsubscribe from our commercial or

promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the Ziphawk Platform.

            ii.         Text Messages. You can opt out of receiving commercial or promotional text

messages by texting the word STOP to [XXXXX] from the mobile device receiving the messages. You may also opt out of receiving all texts from Ziphawk (including transactional or relational messages) by texting the word STOPALL to [XXXXX] from the mobile device receiving the messages. Note that opting out of receiving all texts may impact your use of the Ziphawk Platform. Drivers can also opt out of Driver-specific messages by texting STOP in response to a Driver SMS. To re-enable text messaging, you can text START in response to an unsubscribe confirmation SMS.

            iii.        Push Notifications. You can opt out of receiving push notifications through your

device settings. Please note that opting out of receiving push notifications may impact your use of the Ziphawk Platform (such as receiving a notification that your ride has arrived).

iv.        Profile Information. You can review and edit certain Account information you have chosen to add to your profile by logging in to your Account settings and profile.

            v.         Location Information. You can prevent your device from sharing location

information through your device’s system settings. But if you do, this may impact Ziphawk’s ability to provide you with our full range of features and services.

vi.        Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the Ziphawk Platform.

vii.       Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The Ziphawk Platform does not currently support Do Not Track requests at this time.

            viii.      Deleting Your Account. If you would like to delete your Ziphawk Account, please

visit our privacy homepage​. In some cases, we will be unable to delete your Account, such as if there is an issue with your Account related to trust, safety, or fraud. When we delete your Account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.

B.        California Residents.

            The California Consumer Privacy Act provides some California residents with the

additional rights listed below. To exercise these rights, see the “Exercising Your California Privacy Rights” section or visit our ​privacy homepage​.

i.          Right to Know. You have the right to know and see what data we have collected

about you over the past 12 months, including:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal
• information; and
• The specific pieces of personal information we have collected about you.

            ii.         Right to Delete. You have the right to request that we delete the personal

information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

• Complete your transaction;
• Provide a good or service to you;
• 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 interest 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.

            iii.        Other Rights. You can request certain information about our disclosure of

personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

            iv.        Exercising Your California Privacy Rights. To request access to or deletion of

your personal information, or to exercise any other data rights under California law, please contact us using one of the following methods:

• Website​. You may visit our ​privacy homepage​ to authenticate and exercise rights via our website.
• Email Webform​. You may ​write to us​ to exercise rights. Please include your full name, email address, and phone number associated with your use of the Ziphawk Platform, along with why you are writing, so that we can process your request in an efficient manner.

We aim to respond to a consumer request for access or deletion within 45 days

of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

Children’s Data

THE ZIPHAWK PLATFORM AND RIDESHARE SERVICES ARE NOT DIRECTED TO CHILDREN AND CHILDREN ARE NOT ELIGIBLE TO ACCESS OR USE THE ZIPHAWK PLATFORM AS ORGANIZERS. Protecting the privacy of children is very important to us. In connection with your use of the Platform or Rideshare Services, you may have the option to provide us with certain personal information of Riders, such as the Rider’s first and last name, phone number and/or photograph. IN THE EVENT THAT SUCH RIDER IS UNDER 13 YEARS OF AGE, BY PROVIDING SUCH PERSONAL INFORMATION, YOU (A) REPRESENT AND WARRANT THAT YOU ARE SUCH RIDER’S PARENT OR GUARDIAN OR THAT YOU HAVE ALL REQUISITE AUTHORITY FROM SUCH RIDER’S PARENT OR GUARDIAN TO PROVIDE US WITH SUCH PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY; (B) HEREBY CONSENT TO OUR COLLECTION, USE, AND PROCESSING OF THIS AND OTHER PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY (ON BEHALF OF YOURSELF OR SUCH RIDER’S PARENT OR GUARDIAN); (C) ACKNOWLEDGE AND AGREE THAT WE WILL DISCLOSE CERTAIN RIDER INFORMATION TO THE DRIVERS WHO PROVIDE YOUR RIDES AND PARTICIPANTS WHO PARTICIPATE IN SUCH RIDES. 

Drivers will have access to the following information about Riders, including Riders who are children: (i) a masked version of a Rider’s phone number, if provided (the actual phone number will not be visible to Drivers); (ii) the Rider’s first and last name; and (iii) the Rider’s photo, if provided. If you choose to provide a Rider’s phone number, Drivers will be able to communicate directly with Riders, including children under the age of 13, over the course of providing a ride, via voice call or text message through the masked phone number in the Platform. Through the use of the Rideshare Services, we may also collect indirect location information regarding Riders, including Riders who are children, via the location information we collect from Drivers during a ride.  Our Organizers may be able to arrange rides for minor Riders through the Platform. By using the Platform or Rideshare Services, in connection with such Organizers arranging rides for minor Riders, you acknowledge and agree (i) that we may collect the minor Rider’s personal information from such Organizers as well as use and process such personal information as described herein; and, (ii) that we may disclose the minor Rider’s personal information to such Organizers. IN GENERAL, OUR SERVICES ARE DESIGNED FOR PARENTS, GUARDIANS, AND OTHER ADULTS WHO ARE AUTHORIZED TO USE THE PLATFORM IN ORDER TO ARRANGE AND PROVIDE RIDES, AND ONLY PARENTS, GUARDIANS, AND OTHER SUCH ADULTS SHOULD USE THE PLATFORM AND RIDESHARE SERVICES.

It is expected that all Platform Users recognize the sensitive nature in working with children and keep confidential other Platform Users’ personal information, consistent with the Terms of Use. In accordance with Ziphawk safety policies, Drivers should refrain from contacting minor Riders outside of the provision of Rideshare Services without the express consent from the Riders’ parent or guardian.

Links to Third-Party Websites

The Ziphawk Platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

Changes to this Privacy Policy

We may update this policy from time to time as the Ziphawk Platform changes and privacy law evolves. If we update it, we will do so online and, if we make material changes, we will let you know through the Ziphawk Platform or by some other method of communication, such as email. When you use the Ziphawk Platform, you are agreeing to the most recent terms of this policy.

Contact Us

If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us​.