Driveway Privacy Policy

This privacy policy (“Privacy Policy”) is applicable to the www.driveway.ai, www.drvway.com, www.drivewaysoftware.com, and www.drivewaysoft.com websites (“Driveway Sites”) and the Driveway mobile application available for download at Google Play and iTunes, respectively (“Driveway Apps”). Driveway Sites and Driveway Apps are collectively referred to as the “Driveway Products”.

Driveway Products are operated by Driveway Software, Inc., a Delaware corporation, and its affiliates (collectively referred to as "Driveway", “we”, or “us”). Our policy is to respect the privacy of visitors and users of the Driveway Products (herein “you”, “your” or “users”). We do not sell, share or rent user personal information to others in any way that we have not mentioned in this statement. We use reasonable precautions to keep the personal information that you disclose when you browse, send or exchange emails, or make purchases or other uses of the Driveway Products.

The purpose of the Driveway Products is to provide you with an ultimate tool to analyze and improve your driving style, with the goal of converting good driving habits into real money savings on gas, insurance, and vehicle maintenance.

When you decide to use the Driveway Products, you willingly provide us certain personal information about yourself. We collect and use this information to allow you to benefit from the Driveway Products. If you have any concerns about sharing personal information with us and/or having such information displayed on any of the Driveway Products, or otherwise used in a manner permitted in this Privacy Policy and the User Agreement, you should not become a member of the Driveway community.

1. Information We Collect

Except for the automatically collected information (described below), we do not collect personally identifiable information about individual users except when such information is provided on a voluntary basis. For example, personally identifiable information may be gathered from an entry into a promotion, contest or sweepstake, the registration process for subscription sites or services and in connection with content submissions, creation of a user profile, community postings (e.g., chat and bulletin boards), subscription to newsletters, suggestions, emails, voting/polling activities and transactions when merchandise or services are ordered or bought. This information may vary but may typically include your name, home address, telephone number, e-mail address, age, date of birth, interests, employment history, and occupation. If you place an order on any of the Driveway Products, we may collect your credit card number (including the CVV code), expiration date, shipping, billing and other information based on your purchase activity.

Automatically Collected Information: You also should be aware that non-personal information and data (such as the pages you visit on the Driveway Site as well as your IP address) may be automatically collected through the standard operation of Driveway’s internet servers or through the use of “cookies”. Cookies are used to identify Driveway Site visitors or members so they do not have to re-enter an user ID and password, when, for example, the member wants to access his profile, post a comment on a discussion board or order merchandise. Cookies help us improve user experience and display more prominently content that might interest you. If you do not have the cookies feature of your browser enabled (and in most, if not all, browsers are enabled by default), you may be required to enter your password each time you access Driveway Site, or any of the member features and you may not be able to access some information or features on the Driveway Site.
Cookies are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. You should be aware that Driveway cannot control the use of cookies or the resulting information obtained by advertisers or third parties that manage or place advertisements or links on website, once you’ve clicked on an advertisement or link to another website and have left our website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website. If you do not want such information collected through cookies, there is a relatively simple procedure in most browsers that allows you to deny or accept the cookie feature. However, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on the Driveway Site. If you decline acceptance of cookies, you may experience less than optimal performance of the Driveway Site.
In addition, we may collect the following information: (a) your Facebook profile, (b) your trip start and end times; (c) frequency of fast accelerations during the trip; (d) frequency of hard stops during the trip; (e) frequency of fast cornering during the trip; (f) duration of driving with the speed over 80 mph during the trip; (g) trip route information; (h) mobile device information. We use this information in order to improve the user experience and offer you with more relevant recommendations to improve your driving style.

2. How We Use The Personally Identifiable And Other Information and Who we may Disclose Such Information to

We may use your information to provide you with services and information you have requested or products you have purchased, to respond to specific inquiries made by you, to resolve any disputes or collect fees, to prevent illegal or fraudulent activities, to comply with law, a governmental or judicial order, to enforce the terms of use of the Driveway Products, and to improve our services; enforce any contest or sweepstake rules; protect a user’s safety or security including the safety and security of property that belongs to a user; and/or protect our safety and security and the safety and security of our websites, our affiliates and/or third parties, including the safety and security of property that belongs to us, our affiliates or third parties. If you place an order through any of the Driveway Products, we will use your financial information to bill you for products and services or otherwise process your transaction. By making a purchase on any of the Driveway Products, you consent to us providing your financial information to our service providers to process your transactions. These third parties may include credit card companies and banking institutions used to process the transaction.

We may use this information for our internal business purposes, for example, to tailor the Driveway Products content or to assess the amount of traffic to the Driveway Products. We may provide third parties with aggregate statistics about our visitors, traffic patterns and related site usage information. This data reflects the Driveway Products usage patterns gathered during thousands of user visits to the Driveway Products. We may also provide log files and other databases of user information to third parties for analysis so that we may improve our content offerings, graphics, layout, ease of the Driveway Products use or navigation, and the like.
Further, notwithstanding any opt out of promotional information by you, we reserve the right to contact you regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

We may disclose your information in special cases when in our sole judgment we have reason to believe that disclosing this information is reasonably necessary to identify, contact or bring legal or other corrective action against someone who may be misusing any of the Driveway Products or any of their features, for example, by inducing or causing injury to or interference with (either intentionally or unintentionally) the rights, reputation, identity, sensibilities or property of Driveway or its users, or anyone else that could be harmed by such activities. The law may require us to share your personal and non-personal information (such as “Cookies” described above) pursuant to judicial or governmental orders, subpoenas or warrants. Under such circumstances, we reserve the rights to block access to any of the Driveway Products to one or more individual users, close any of the Driveway Products and/or disclose user information to the respective judicial or other governmental authority. In addition, we reserve the right to use and disclose your personal and non-personal information for purposes of investigating or taking action relating to any illegal or fraudulent activities or other activities that pose a threat to the physical safety of any person or for the violation of the terms of use of the Driveway Products or as otherwise required by applicable law.

Information collected from you may be transferred to a third party as a result of a sale or acquisition, or merger or any other transfer of assets transaction involving Driveway or one of its companies.
We reserve the right to perform, or have performed by third parties, statistical and other analyses of user behavior and characteristics in order to measure interest in and use of the various pages, or functional, graphical or informational frames or areas of any of the Driveway Products, and to inform advertisers of such analyses as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregated anonymous data from these analyses to third parties.
You should also be aware that we may sometimes permit third parties to offer subscription and/or registration-based services through the Driveway Products. Such third parties have their own privacy policies that may differ from the policy of the Driveway Products. Accordingly, we are not responsible for any actions, policies or breaches of security or privacy of such third parties; users are urged to check the applicable privacy policy of any such party to determine if it is acceptable to the user before providing any personally identifiable information to a third party.

Additionally, through the Driveway Products you may be introduced to or be able to participate in activities, subscribe for certain services or otherwise access or participate in promotions, including, without limitation, participation in contests or sweepstakes, subscription to newsletters or magazines, participation in voting/polling activities and other any activities or services (collectively, “Online Activities”) sponsored or offered by any Driveway sponsor, advertisers or third parties (collectively, “Third Parties”). When you participate in such Online Activities, we may also share your personally identifiable information with any of the Third Parties conducting such Online Activities. We are not responsible for the actions or policies of such Third Parties. You should review the applicable privacy policy of such Third Parties before participating in Online Activities to understand how your personal information may be used. Users should also be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address, employment history, occupation, home or work addresses or phone numbers, identity or credit information, or the like) on user profiles, bulletin boards or in chat areas of any of the Driveway Products, such information, along with any substantive information disclosed in the user's communication, can be collected, correlated and used by the Third Parties’ bulletin board viewers or chat site participants and silent observers. Therefore, providing such information may result in unsolicited messages from, or other use by other posters or Third Parties. Such activities are beyond the control of Driveway, and we are not liable for any harm to you by misuse of such information by Third Parties.

3. Children

Children are not eligible to use the Driveway Products and we ask that minors under the age of eighteen (18) do not submit any personal information to us or use the service.

4. Links to Third Party Web Sites

Please note that the Driveway Products may contain links to web sites that are not operated by us. We are not responsible for the privacy practices or the content of such websites, or use of information you might provide these other sites. We recommend strongly that you carefully review the privacy policy posted on each linked other site that you use to determine whether that site's policies are acceptable to you before providing personally identifiable information. We cannot guarantee the security of any information you disclose to such other websites and you do so at your own risk.

5. User’s Ability to Opt-Out

Beginning at the point of our first email to a user, and upon each subsequent email, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from Driveway and/or any third parties. Upon such request, we will allow any user to "opt out" of further promotional contacts at any time. If we send any communication to you via the mobile carrier service witch which you have a subscription, you understand that you will pay any service fees associated with any such communication, including text messaging charges for messages to your mobile device. Additionally, upon request, we will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, we will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.

The foregoing policies are currently in effect. Driveway reserves the right to change this policy at any time by notifying users of the existence of a new Privacy Policy. If you use any of the Driveway Products or services after notice of changes to Privacy Policy has been sent to you or published on any of the Driveway Products, you automatically consent to all such changes. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user, and use of any of the Driveway Products operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein.

6. Security Measures

Driveway has adopted generally acceptable security measures to protect your personal information against loss, misuse and alteration when such information is within Driveway’s control. Please note that despite all precautionary steps, no data transmission over the Internet can be guaranteed to be 100% secure. We will use commercially reasonable measures to protect your information but do not warrant that the information transmitted to us will be secure at all times. It is your responsibility to protect the security of your password and login information. Please be aware that emails, instant messages, and similar types of communication with other Driveway users are not encrypted and we strongly advise against communicating any confidential information through these types of communication.

7. Your Obligations as a User

By using any of the Driveway Products, you agree to abide by this Privacy Policy. Please note that Driveway is the sole owner of all information collected during use of any of the Driveway Products. If you do not agree to this policy, please do not use any of the Driveway Products. Your continued use of any of the Driveway Products following posting of changes to this Privacy Policy will mean that you accept the revised Privacy Policy.

If you accept this Privacy Policy, which is indicated by your continued use, you must always comply with the terms of the then-current Privacy Policy and any other terms and conditions posted on the Driveway Products. You will respect all intellectual property rights of Driveway and any third parties relating to the content on any of the Driveway Products or services provided through any of the Driveway Products (for example, photographs and newsletters).
You are solely responsible for maintaining the secrecy of your login information, including any passwords and user names. At no time will we require you to transmit your password information to Driveway via email. Should you receive any such requests, please contact Driveway to authenticate such inquiry before responding to the same.
If you have questions or concerns regarding this Privacy Policy or about the use of your personally identifiable information, you should contact Driveway via email at privacy@driveway.ai

8. Governing Law

Any disputes arising between Driveway and you in relation to your use of any of the Driveway Products shall be governed by the laws of the State of California, without regard to its choice of law provisions and the federal and state courts located in San Francisco, California shall have exclusive jurisdiction over all claims.