Blue Duck Privacy Notice

Last updated: March 22, 2019 (español)

Blue Duck Express, Inc. d/b/a Blue Duck Scooters (“Blue Duck”, “we”, or “us”) values individual privacy, and we are committed to protecting individuals’ information. We are also committed to keeping you informed about how we collect and use your personal information.

This Privacy Notice (this “Notice”) describes the types of information we collect, how we collect information, what we do with information that we collect, and how you can contact us with any questions about our information practices or to access or request changes or updates to information about you.

Please review this Notice carefully to understand our practices, and how we collect and use personal information. If any part of this Notice is unacceptable to you or if you do not agree with our information practices, you may choose not to use our app, or visit or use this website, or any services that we offer.

If you have any questions or concerns that are not addressed here, please contact us at info@blueduckscooters.com or as provided below under “Contact Us”.

SCOPE

This Notice applies to information that we collect from you as an individual user (“you”) through:

  • the Blue Duck mobile app and any other apps we publish that include or link to this Notice (collectively, the “App”),
  • our public website, at blueduckscooters.com, and any of our other websites that provide a link to this Notice, including any of our products and services that are accessible via those websites (collectively, the “Site”), and
  • any other products, services, communications or features that are produced, provided, operated or maintained by us or on our behalf, including interactions with customer services (collectively, and together with the App and Site, the “Services”).

This Notice does not apply to information collected by third parties, third-party websites, or content or applications of third parties, including any that may be linked to or accessible from the Services.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

There are two basic types of information we collect about you – information that you actively provide to us and information that is collected automatically as a function of your use of the Services.

Information You Provide to Us.

There are a number of circumstances where we might ask you to provide information, or where you might send information to us about yourself, for example:

  • When you register for a user account on the Services
  • When you use the Services to rent a scooter
  • When you submit payment for your use of the Services
  • When you provide information about you or other content for your user profile
  • When you link or interact with us or the Services through your social media accounts
  • When you participate in communities or events in connection with theServices
  • When you participate in surveys, contests, or sweepstakes run by us or on our behalf
  • When you ask us to provide information or alerts to you
  • When you communicate with us for any other reason

When you submit information to us, you will know what information you are providing. This may include your name, driver’s license or other government-issued identification number, email address, phone number, home or work address, payment information, age, gender, employer, school, professional title or other information.

From time to time, we may provide you with the opportunity to participate in surveys, sweepstakes or other promotions, some of which might be sponsored or conducted by a third party. Participation in these surveys, sweepstakes and promotions are completely voluntary. If you choose to participate, we will request certain personal information from you. If there is a third-party sponsor involved in the survey, sweepstake or promotion, please make sure to review that sponsor’s privacy notice.

Information We Collect Automatically.

As part of the standard operation of the Services, we will automatically collect information from your device or computer about your activities relating to your use the Services. This may include, for example:

  • Device and technical information such as IP address, information about the type of device or platform used, device identifiers, and browser information
  • Browsing information such as domain name (that you visited the Site from company.com, for example), referral or exit data (the last website that you visited before coming to the Site and the next website you visit afterwards, respectively), and language
  • Information and analytics about how you use the Services, such as geolocation, route information, date and time, how often and the amount of time you spend using the Services, the areas of the Site or the App that you spend the most time on, and other click-stream data

Information collected automatically is generally statistical data, and it does not necessarily identify you personally.

When you interact with any page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the personal information that you make available to us on that page or account, including your account ID or “handle” and that the social media platform permits us to collect, and we will do so in compliance with the terms of their privacy policy. If you publish your social media profile on the Service, we may collect your personal information that you make available as part of that profile. Further, our communications with you may contain social media features, such as Facebook “Like” buttons. These features may collect information about your device’s IP address, set cookies to facilitate interaction with social media features or link you to a social media website where you may post personal information. All interactions with social media features are governed by the privacy policy of the social media company providing the feature.

How We Use Cookies and Other Tracking Technologies.

Like many websites and apps, we use cookies and other tracking technologies to improve your experience of the Services. A cookie is a small text file that may be stored on your device or computer when you access the Site or the App. These small text files allow the Site or the App to recognize your computer or device at the next visit and remember your preferences and information (for example, your login, language, font size and other display preferences). This way, you do not need to re-enter that information whenever you return or browse from one page to another within the Site.

Cookies may also be used by a website to collect data about user activity, or how the website is used by visitors.

There are two basic types of cookies: (1) session cookies, which are temporary files that are cleaned up (deleted) when close your browser program; and (2) persistent cookies, which store your information and settings for longer periods in order to remember your information and preferences between visits to a website. In providing the Services, we use both types of cookies for the following purposes:

  • We use cookies to remember you, including your information and preferences, so that you do not have to enter information every time you use the Services.
  • We use cookies to authenticate customers when they log into certain of the Services. These cookies are necessary for you to use those Services.
  • We use cookies to better understand how people are using the Services, by gathering usage information as described above.

To learn more about management of cookies, see “Your Choices” below.

We also use Google Analytics, an analytics service provided by Google, in offering the Services. Google Analytics uses cookies and other tracking technologies to help us analyze how users interact with and use the Services, and to compile activity reports and provide other related services based on users’ activities and usage. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies (available at policies.google.com/privacy). To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, see “Your Choices” below or go to policies.google.com/technologies/partner-sites.

In addition, we may partner with third-party advertising companies and others to collect or use information about you and about individuals who use the Services, and to provide advertisements about our goods and services that may be of interest to you.

These third parties may use technologies such as cookies, web beacons, tags, Flash cookies or HTML5 to collect information about you when you use the Services. These third parties may also collect information about you and your activities across different websites, apps and other online services, and they may use persistent identifiers to collect and correlate this information. These third parties may use information about you to provide you with targeted advertising or content based on your interests and activities. For information about opting out of or managing the collection or use of such information, please see “Your Choices” below.

The Services do not respond to “do-not-track” requests or similar browser or device settings.

HOW WE USE INFORMATION WE COLLECT

We use information that we collect, including personal information about you, to provide the Services to you and to continually evaluate and improve the Services.

General Uses of Information.

We may use information about you for the following general purposes:

  • To provide the Services according to your requests, such as renting scooters to you
  • To present the Services and any information or content that you may access on the Site or the App, including personalization of the Services or their contents
  • To provide any information, products, or services that you may access through the Site or the App
  • To process transactions related to your use of the Services
  • To communicate with you about your account or transactions with us and to send you information and announcements about the Services, or about features or improvements
  • To optimize and improve the Services and operations, for example by analyzing route information or use of the Services to identify areas of interest, or by providing updates to the Site or the App
  • To maintain the Services, operations and any content or information provided through the Services
  • To respond to your questions or requests for information, or to fulfill any other purpose for which you provide your information to us through the Services.
  • To provide you with information about the Services, or updates, editorial content, industry education, invitations to upcoming events or similar information
  • To detect, investigate and prevent activities that may violate our policies or that may be harmful or illegal
  • To perform statistical, demographic, marketing or other analyses of users of the Services
  • To better understand how visitors and users interact with the Services and the performance of the Services, including measuring and monitoring user traffic and using aggregate statistical analysis, which informs future enhancements and changes to the Services, or by combining information collected through the Services with information about our users collected by other means
  • For any other purpose that we might describe at the time we collect your information
  • For any other purpose with your consent

Use of Location Information.

We may use location information, including location information about you, for the following purposes:

  • To track the use and location of our scooters
  • To maintain, optimize and improve the Services and our operations
  • To provide personalized content to you through the Services, such as individual reports, recommendations, or other information based on your activities and preferences
  • To perform statistical, demographic, marketing, or other analyses of users of the Services

Our Legal Basis for Using Your Personal Information.

There are a number of bases in data protection law that permit us to use your personal information for the purposes described in this Notice, including that:

  • You have provided your consent to us using your personal information for that purpose, including, for example, where you have given us your consent to send you electronic marketing;
  • We need to use your personal information in order to provide the Services to you;
  • We need to comply with a legal obligation, including, for example, responding to government or law enforcement information requests; and/or
  • The processing is necessary for the purposes of our legitimate interests, provided we have balanced these against your rights and interests.

Our legitimate interests to use your personal information include:

  • To ensure effective administration and management of your relationship with us, including any rentals of our scooters;
  • To understand how our customers use the Services;
  • To carry out research and analysis on what services or products our customers want or how they would like us to improve the Services;
  • To understand how our customers use the Site, the App and the Services,and identify any issues and how we can improve the customers’ experience;
  • To inform you of the Services;
  • To understand and respond to customer feedback;
  • To prevent, detect, or investigate unauthorized use of systems and ensure we comply with applicable law;and
  • To manage any disputes and take legal or other professional advice.

Combining Information about You.

We may combine information collected about you from the Site, the App, or otherwise across the Services, as well as information about you collected through off-line interactions or from third parties, into individualized user records, analyses or reports, or we may combine such information into aggregate reports or analyses.

HOW WE DISCLOSE INFORMATION

We may disclose aggregate statistical information about our users, which does not identify individual users, without restriction.

We may also share personal information about you to deliver any requested information, products, or services to you, or otherwise to fulfill a contractual obligation to you. Personal information about you, that you provide or that we collect as described in this Notice, may be disclosed to third parties as follows:

  • Blue Duck Entities. We may share personal information about you with Blue Duck subsidiaries and affiliates.
  • Third-Party Agents. We may share personal information about you with third-party agents and service providers who perform functions on our behalf, such as hosting, billing, payment processing, analytics, notifications, content management, customer service, data protection, etc. These third-party agents and service providers are subject to confidentiality obligations, and they are prohibited from using or disclosing personal information in any way other than to perform those functions we engage them to
  • Business Partners and Sponsors. We may share personal information about you with our business partners or sponsors. In some cases, you may opt out of such sharing by following the information provided under “Your Choices” below.

We may also disclose personal information about you in the following circumstances:

  • As required by law, court order, or legal process, including to respond to a subpoena, to respond to a government or regulatory request, or to cooperate with law enforcement
  • To enforce our contractual rights, take precautions against liability, investigate suspected or actual illegal activities, or to investigate and defend ourselves against third-party claims or
  • To a buyer or other successor in the event of a merger, restructuring, reorganization, or other sale or transfer of some or all of our assets or equity, including, but not limited to, as part of a bankruptcy, liquidation, or similar proceeding, in which personal information relating to users of the Services then held by us is among the assets being
  • When we believe that disclosure is necessary or appropriate to protect the rights, property, or personal safety of ourselves, our customers, or others.

We may share personal information about you with your consent, or as otherwise described in this Notice.

Whenever we disclose personal information to a third party, we seek to minimize the disclosure to only information that is necessary for the purpose of that disclosure.

HOW LONG WE KEEP PERSONAL INFORMATION

We maintain personal information about you for as long as you maintain a user account with us, or as long as needed to provide the Services to you. If you decide to terminate or deactivate your account with us, we may retain personal information about you for a reasonable time for backup, archival, reactivation or audit purposes, or as needed to comply with our legal obligations, resolve disputes or enforce our agreements. If you have any questions about how long we may keep personal information about you, please contact us at info@blueduckscooters.comor as provided below under “Contact Us”.

TRANSFERS OF PERSONAL INFORMATION

The information we collect from you may be transferred to, and stored by, IT vendors who operate on our behalf, particularly to those located in the United States. We also transfer information to a number of providers of business application – such as CRM and marketing applications – as well marketing service providers. These providers are primarily located in the United States.

For the purposes described in this Notice, we may transfer information across borders, including from your country or jurisdiction to other countries or jurisdictions around the world, where applicable laws may not provide the same level of protection of personal information as the laws of the country or jurisdiction where you are located. In those cases, we take steps to ensure that information will be given the same level of protection in the recipient country or jurisdiction.

By visiting or using the Site, you hereby consent to the transfer of your personal information to countries where applicable laws may not provide the same level of protection of personal information as the laws of the country or jurisdiction where you are located, including, without limitation, the United States, in accordance with this Notice.

The United States does not benefit from a decision issued by the EU Commission regarding protection afforded to personal information. Adequacy of data protection is instead ensured by standard data protection clauses we have in place with that third party. A copy may be requested by emailing us at info@blueduckscooters.com.

YOUR CHOICES

You have certain choices about how information about you is collected, used and shared. Although you cannot opt out of all collection or use of personal information and still use the Services, you can take steps to limit or control how personal information that identifies you is collected, used and shared.

Cookies.

You can control or delete cookies, or otherwise manage cookies, through your browser or device settings. For more details, please visit www.allaboutcookies.org or www.aboutcookies.org.

However, please understand that if you limit or reject cookies, although you may still access some of the Services, certain functions will be affected. For example, you may not be able to log into or access certain services available through the Site unless you accept cookies.

Advertising Partners.

We have engaged third parties to manage our advertising on other websites, and they may collect information and provide advertising to you based upon your browsing activities and interests. We do not control these third parties’ tracking technologies, how they may be used or the information they may collect, and we are not responsible for their privacy policies or the content of those third parties. You can learn more about online and interest-based advertising, including about choices available to you, at www.aboutads.info/consumers.

If you prefer not to have information used for the purpose of serving you personalized ads, you may also learn more about your choices or change your preferences at optout.aboutads.info, optout.networkadvertising.org, preferences-mgr.truste.com, from Google at http://www.google.com/settings/ads or policies.google.com/technologies/partner-sites, or from Facebook at www.facebook.com/about/ads/ or www.facebook.com/policy.php.

You may also learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:

Provision of Personal Information.

If you do not want us to collect your personal information, please do not provide it to us. Please understand that if you choose not to provide certain personal information to us, such choice will restrict your ability to access some content and use some of the functionality of the Site, the App, and/or the Services.

Email and Other Communications.

If you would like to change the types of communications you receive from us or how you receive communications from us, including opting out of promotional communications, you may do so at any time by updating the communication preferences specified in your account profile. Please understand that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as confirmations of transactions, changes to the Services or other information about your use of the Services. You may also use the opt-out link and instructions that will be present in any promotional emails that we send.

Additional Privacy Rights.

You may have, in accordance with applicable data protection laws (including those of the E.U.), the following rights when it comes to our handling of your personal information:

  • Right of access – You may have the right to request a copy of the personal information that we have about you and to request supporting information explaining how the personal information is used.
  • Right of rectification – You may have the right to request that we rectify inaccurate personal information about
  • Right of erasure – You may have the right to request that we erase personal information about
  • Right to restrict processing – In some situations, you may have the right to request that we do not use the personal information that you have provided (e.g., if you believe it to beinaccurate).
  • Right to data portability – You may have the right to receive certain of your personal information in a structured, commonly used and machine-readable format and to transmit such information to another
  • Right to withdraw consent – Where we process your personal information based on consent (including direct marketing consents), you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your personal information as permitted or required by law.
  • Right to object – Where we are processing your personal information based on a legitimate interest (or those of a third party), you may challenge this. However, we may be entitled to continue processing your information based on our legitimate interests or where it is relevant to legal claims. You also may have the right to object where we are processing your personal information for direct marketing purposes.

SECURITY OF PERSONAL INFORMATION

We take commercially reasonable steps and follow generally accepted industry data practices to protect personal information submitted to us from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, there is no completely secure or error-free method of data transmission over mobile or wireless networks or the Internet, and we cannot guarantee the absolute security of your personal information.

PRIVACY OF MINORS

The Services, the Site and the App are intended for persons aged 18 and older. We do not knowingly collect or solicit personal information from persons under the age of 18. If we learn that we have collected or received personal information from a minor, we will delete that information.

If you believe that we may have any personal information about a minor, please contact us at info@blueduckscooters.com or as provided below under “Contact Us”.

ACCESSING AND REQUESTING CHANGES TO YOUR INFORMATION

If you have registered with us as a user, you can review and change certain kinds of personal information on your account profile page.

If you have questions or concerns about personal information not available through your account profile, or if you are not or are no longer registered as a user and wish to access, correct, update, or delete personal information about you, please email us at info@blueduckscooters.com, or contact us as provided below. In responding to your inquiry, we may request information from you and use information previously collected to verify your identity, or take other actions that we believe areappropriate.

Please understand that we may not be able to alter or delete your personal information if we are required under applicable law to maintain that information. We are also not obligated to comply with requests that are unreasonably burdensome or expensive, or with requests that would interfere with the rights of another individual

RIGHTS IN CERTAIN STATES

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once per calendar year, information about the personal information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared personal information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities).

To obtain this information, please send an email message to info@blueduckscooters.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

CHANGES TO OUR PRIVACY NOTICE

We may update this Notice from time to time to reflect changes to our information practices. If we make any material changes to how we treat the personal information of people who use or interact with the Services, we will provide notice by updating the date that the Notice was last revised as reflected at the top of this Notice. We encourage you to periodically review this page to learn of any changes we have made to this Notice.

CONTACT US

We welcome your thoughts and feedback. Please feel free to contact us with any questions, comments, complaints, or suggestions regarding this Notice or our information practices. You can email us at info@blueduckscooters.comor contact us by mail or phone at:

Blue Duck Scooters
2018 Avenue B, Suite 100 San Antonio, Texas 7821
833-BLUE DUCK (833-258-3382)