Last Updated: March 16, 2023
THE SCOPE OF THIS POLICY
THE INFORMATION WE COLLECT
When you use the Open Road Platform, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like service providers, 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
Account Registration. When you create an account with Open Road, we collect the information you provide us, such as your name, email address, phone number, birth date, profile photo, and payment information. We may ask that you provide additional information related to the identity of your account, such as documents related to identification (e.g., driver’s license), a profile picture, or “selfie” imagery. If you choose to engage in additional offerings on the Open Road Platform (e.g., services for your vehicle or linking to other accounts like travel rewards), you may provide us additional information relevant to those offerings.
Driver Information. If you apply to be a Driver, 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 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 or other information to manage driving and programs relevant to that location. We may need additional information from you at some point after you become a Driver, including information to confirm your identity (like “selfie” imagery).
Ratings and Feedback. When you rate and provide feedback about the Open Road Platform (including about Customers, Drivers or delivery recipients), we collect all of the information you provide in your feedback.
Communications. When you contact us or we contact you, including through surveys or research projects, we collect any information that you provide, including the contents of the messages or attachments you send us.
B. Information We Collect When You Use the Open Road Platform
Location Information. The Open Road Platform collects location information (including GPS and WiFi data, IP address, and Bluetooth data) differently depending on your Open Road app settings and device permissions as well as whether you are using the platform as a Customer or Driver:
- Customers: We collect your device’s location when you open and use the Open Road app, including while the app is running in the background.
- Drivers: We collect your device’s precise location when you open and use the app, including while the app is running in the background.
Usage Information. We collect information about your use of the Open Road Platform, including delivery 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 Open Road Platform like our apps and websites, including the pages and content you view and the dates and times of your use. We may also infer information from your use of or information you provide us in your interactions with the Open Road Platform.
Device Information. We collect information about the devices you use to access the Open Road 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).
Communications Between Customers and Drivers. We work with a third party to facilitate phone calls and text messages between Customers and Drivers without sharing either party’s actual phone number with the other. But while we use a third party to provide the communication service, we collect information about these communications and Open Road Platform chat communications, including the participants’ phone numbers, the date and time, and the contents of SMS and chat messages. For security purposes, we may also monitor or record the contents of phone calls made through the Open Road Platform, but we will always let you know we are about to do so before the call begins.
Address Book Contacts. You may set your device permissions to grant Open Road access to your contact lists and direct Open Road to access your contact list, for example to help you refer friends to Open Road. If you choose to do this, we will access the names and contact information of the people in your address book.
Calendar Information. You may set your device permissions or otherwise grant Open Road access to your chosen calendar and direct Open Road to access calendar information, for example to help you get alerts about upcoming deliveries. If you choose to do this, we will access and store information available in your calendar to use in providing you these optional features.
C. Information We Collect From Other Sources
Service Providers and Other Parties. Service providers and other parties provide us with information needed for core aspects of the Open Road Platform, as well as for additional services, programs, loyalty benefits, and promotions that can enhance your Open Road experience. These service providers and other parties include background check providers, insurance partners, financial service providers, marketing providers, and other businesses. We obtain the following information about you from these parties:
- Information to make the Open Road Platform safer, like background check information or identity verification information;
- 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/marketing programs or applications, services, or features you choose to connect or link to your Open Road account, such as information about your use of such programs, applications, services, or features; and
- Information about you provided by specific services, such as vehicle, demographic and market segment information.
Referral Programs. Friends help friends use the Open Road Platform. If someone refers you to Open Road, we will collect information about you from that referral including your name and contact information.
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, for example as part of an investigation into an incident or to provide you support.
HOW WE USE YOUR INFORMATION
We use your personal information to:
- Provide the Open Road Platform;
- Maintain the security and safety of the Open Road Platform and its users;
- Build and maintain the Open Road community;
- Provide customer support;
- Improve the Open Road Platform; and
- Respond to legal proceedings and obligations.
Providing the Open Road Platform. We use your personal information to provide an intuitive, useful, efficient, and worthwhile experience on our platform. To do this, we use your personal information to:
- Verify your identity and maintain your account, settings, and preferences;
- Connect you to jobs and track their progress;
- Provide various Open Road Platform offerings to you, such as vehicles services and third party promotional advertisements that may be personalized to you;
- Calculate prices and process payments;
- Communicate with you about your use of the Open Road Platform and experience;
- Collect feedback regarding your experience;
- Facilitate additional services and programs with third parties; and
- Operate contests, sweepstakes, and other promotions.
Maintaining the Security and Safety of the Open Road Platform and its Users. Providing you a secure and safe experience drives our platform, both on the road and on our apps. To do this, we use your personal information to:
- Authenticate and verify 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 users from the Open Road Platform.
Building and Maintaining the Open Road Community. Open Road works to be a positive part of the community. We use your personal information to:
- Communicate with you about events, promotions, elections, and campaigns;
- Personalize and provide content, experiences, communications, and targeted advertising to promote and grow the Open Road Platform; and
- Help facilitate donations you choose to make through the Open Road Platform.
Providing Customer Support. We work hard to provide the best experience possible, including supporting you when you need it. To do this, we use your personal information to:
- Investigate and assist you in resolving questions or issues you have regarding the Open Road Platform; and
- Provide you support or respond to you.
Improving the Open Road Platform. We are always working to improve your experience and provide you with new and helpful features. To do this, we use your personal information to:
- Perform research, testing, and analysis;
- Develop new products, features, partnerships, and services;
- Prevent, find, and resolve software or hardware bugs and issues; and
- Monitor and improve our operations and processes, including security practices, algorithms, and other modeling.
Responding to Legal Proceedings and Requirements. Sometimes the law, government entities, or other regulatory bodies impose demands and obligations on us with respect to the services we seek to provide. In such a circumstance, we may use your personal information to respond to those demands or obligations.
HOW WE SHARE YOUR INFORMATION
We do not sell your personal information to third parties for money -- no one can buy the personal information we collect from and about you and we do not act as a data broker. However, we may need to share your personal information with other users, third parties, and service providers to make the Open Road Platform work and to deliver relevant personalized ads to you on and off the Open Road Platform. Some of these disclosures may constitute “sharing” or “selling” of personal information under certain U.S. state privacy laws.
A. Sharing Between Open Road Users
Customers, Drivers and Delivery Recipients.
Customer information shared with Driver: As part of the delivery request, we share with the Driver the Customer’s pickup and dropoff location, contact information and name.
Driver information shared with Customer: Upon a Driver accepting a delivery request, we will share with the Customer the Driver’s name, profile photo, real-time location, and the vehicle make, model, color, and license plate, as well as other information in the Driver’s Open Road profile.
Although we help Customers and Drivers communicate with one another to arrange a pickup and dropoff, we do not share your actual phone number or other contact information with other users when enabling this.
Referral Programs. If you refer someone to the Open Road 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 Open Road Platform with that user. For example, a referral source may receive a bonus when you join the Open Road Platform.
B. Sharing With Service Providers to Provide the Open Road Platform, and Other Parties
Depending on whether you’re a Customer or a Driver, Open Road may share the following categories of your personal information to provide you with a variety of the Open Road Platform’s features and services:
- Personal identifiers, such as your name, address, email address, phone number, 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 delivery information and Driver 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;
- Location data; and
- This and other information you may direct us to share with other parties, such as when you choose to link your Open Road account with a separate travel rewards program or when you choose to engage with an offering from another company through the Open Road Platform, such as a vehicle service.
We disclose those categories of personal information to these other parties and service providers to fulfill the following purposes:
- Maintaining and servicing your Open Road account;
- Processing or fulfilling deliveries on the Open Road Platform;
- Providing you customer service;
- Processing transactions and payments;
- Processing Driver applications;
- Verifying the identity of users;
- Detecting and preventing fraud and unsafe activity;
- Processing insurance claims;
- Providing Driver loyalty and promotional programs;
- Providing marketing and advertising services to Open Road, including to provide targeted and cross-contextual behavioral advertising personalized to you;
- Providing financing;
- Providing requested emergency services;
- Providing analytics services to Open Road; and
- Undertaking research to develop and improve the Open Road Platform.
C. For Legal Reasons and to Protect the Open Road 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, enforceable governmental request, or requirement as condition to operate (e.g., operating permit, license or agreement);
- Respond to legal process (such as a search warrant, subpoena, summons, or court order);
- Enforce our Terms of Service;
- 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. 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. Upon Your Further Direction
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 you and our other users the Open Road Platform. This means 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 we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes and enforce our terms and policies. We take reasonable and appropriate measures designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.
YOUR RIGHTS AND CHOICES REGARDING YOUR DATA
As explained more below, Open Road provides ways for you to access and delete your personal information as well as exercise applicable data rights that give you certain control over your personal information.
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 Open Road Platform.
Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END in the text thread from the mobile device receiving the messages. You may also opt out of receiving all texts from Open Road (including transactional or relational messages) by texting the word STOPALL in the text thread from the mobile device receiving the messages. Note that opting out of receiving all texts may impact your use of the Open Road Platform.
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 Open Road Platform (such as receiving a notification about new jobs and deliveries).
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.
Location Information. You can prevent your device from sharing location information through your device’s system settings. But if you do, this may impact Open Road’s ability to provide you our full range of features and services. You may also control some elements of sharing your location with Open Road in your Open Road account settings.
Deleting Your Account. 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.
LINKS TO THIRD-PARTY WEBSITES
The Open Road Platform may contain links or references to third-party websites, products, or services. Those third parties may have privacy policies that differ from ours. We are not responsible for those third parties and their websites, products or services, and we recommend that you review their policies. Please contact those parties directly if you have any questions about their privacy policies.
Open Road services are not directed to children under the age of 13, and we do not knowingly collect personal or other information from anyone who is under the age of 13.
We may update this policy from time to time as the Open Road 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 Open Road Platform or by some other method of communication like email. When you use Open Road, you are agreeing to the most recent terms of this policy.
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 at email@example.com