Privacy Policy

Last updated: August 11, 2018

Definitions

  • drivehiway.com is a peer-to-peer car sharing marketplace provided by Hiway Cars, LLC. that enables Users and Providers to engage in and transact car sharing reservation contracts for third party cars.
  • Hiway services include our website, web widgets, feeds, applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Hiway (collectively the “Platform”).
  • The person or entity who is using Hiway’s Platform to book a vehicle for their use is referred to as a “User”.
  • The person or entity who is using Hiway’s Platform to share out their vehicle to the User is referred to as a “Provider”.
  • “Reservation” is a car sharing contract completed on the Platform.
  • “Authorized Driver” and “Additional Driver(s)” are Users who are registered as drivers on the car reservation completed on the Platform, are covered by Hiway insurance for the duration of current Reservation.
  • “Car” means any vehicle shared via the Platform.
This Privacy Policy explains how Hiway Cars LLC, a New Jersey Limited Liability Company, and its affiliates (collectively, “Hiway”, “we”, “us”, or “our”) collect, protect, use, and disclose information that—either alone or combined with other information—can be used to identify or contact you (“Personal Information”). This Privacy Policy applies to all Hiway-operated websites or applications that link to this Privacy Policy (collectively, the “Platform”).

We may revise and update this Privacy Policy from time to time and will post the updated Privacy Policy to the Platform. If these changes are material (i.e., changes we believe you will find important), we will post notice of the changes on the Platform. Where required by applicable law, we will obtain your consent. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SERVICE.

1. How We Collect Information through the Platform

Hiway is a technology company that, through the Platform, connects you (a vehicle User) with a vehicle provider, so that you may obtain a vehicle directly from the vehicle provider. This section describes the types of information we collect through the Platform and how we use it.

  • Personal Information You Provide

    We collect Personal Information that you provide to us through the Platform and use such Personal Information for purposes relating to the reasons you provided it to us and to help us improve the Platform. For example, we collect information such as:
    • Your name, e-mail address, phone number (to help you create and manage your account, and to facilitate your transactions with vehicle providers);
    • Payment information collected through a third-party service provider (to collect reservation and other fees on behalf of vehicle providers and other parties if necessary); and
    • Driver’s license information and birthdate (to help vehicle providers verify your eligibility to rent a car).
  • Personal Information We Receive from Third Parties

    To facilitate your transaction with vehicle providers, we may collect information in order to validate the driver’s license information you provide us and other information regarding your background, such as your driving record, by ordering one or more consumer reports on you from third party consumer reporting agencies.

  • Information We Collect Automatically
    Whenever you interact with the Platform, we automatically receive and record information from your browser or device. Information collected automatically may include your IP address, device ID, location data, the type of browser you are using to access the Platform, and the identity of the Platform page or feature you are requesting. We may use such information to analyze trends, administer the Platform, and gather broad demographic data for aggregate use.

    We may use “cookies” or other tracking technologies (e.g., web beacons, single-pixel, or clear GIFs) to track how you use the Platform for analytics and security purposes. A cookie is a file stored on your computer or device to uniquely identify your device or to store information or settings on your device. You may adjust your web browser software if you do not wish to receive cookies or web beacons, but this may prevent you from taking advantage of some of the Platform’s features. Please refer to your browser instructions or help pages to learn more about these functions. To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services such as Google Analytics. For more information on Google Analytics’s processing of your information, please see “How Google uses data when you use our partners’ Platforms or apps.”

    Some of our service providers may use cookies or other methods to gather information regarding your use of the Platform and may combine the information in these cookies with any of your Personal Information that they may have. The use of such information by a third party depends on the privacy policy of that third party.

    We do not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual’s online activities over time and across third-party websites or online services.

2. The Purposes for Which We Use Personal Information

If you submit or we collect Personal Information through our Platform, then such Personal Information may be used in the following ways: (i) to provide, analyze, administer, and improve our Platform and services; (ii) to contact you in connection with our Platform and certain services, notifications, events, programs or offerings that you may have registered for; (iii) to send you updates and promotional materials that you have registered for; (iv) to identify and authenticate your access to the parts of our Platform and services that you are authorized to access; (v) for recruiting and human resources administration purposes; and (vi) to protect our rights and/or our property and to ensure the technical functionality and security of our Platform.

3. How We Disclose Personal Information

We will not disclose your Personal Information except as set forth in this Privacy Policy or with your consent.

This section describes to whom we disclose Personal Information and for what purposes:

  • Our Service Providers. We engage service providers to perform tasks on our behalf and to assist us in providing the Platform, such as credit card processing, marketing, background checking, and web hosting. We take appropriate measures to help ensure that our service providers provide the same level of protection for your Personal Information as we do.
  • Business Partners. We may disclose the information you give us, including Personal Information, to third parties to use for their own purposes. Although we take commercially reasonable steps to help ensure that we partner only with third parties with responsible privacy practices, we cannot control—and are not responsible for—their use of information after we receive it.
  • Vehicle Providers. We disclose Personal Information, such as contact information and your eligibility to share a car, to vehicle providers to facilitate your transactions with them.
  • Advertisers. We may use third-party service providers to provide us with advertising, conversion tracking, or similar services. You may find out more about your choices by using the Digital Advertising Alliance opt-out page located at www.aboutads.info/choices and the Network Advertising Initiative opt-out page located at www.networkadvertising.org/choices.
  • Companies Involved in Mergers and Acquisition Transactions. If we sell or otherwise transfer part or the whole of Hiway or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Platform, including Personal Information, may be among the items sold or transferred.
  • Law Enforcement, Government Agencies, and Courts: We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any person.

4. Protection of Your Personal Information
While we use commercially reasonable security measures to prevent unauthorized persons from accessing our files or tampering with the Platform, we cannot guarantee that these efforts will always be successful. Your Personal Information may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to or from us.

5. Correcting, Updating, Accessing, or Removing Personal Information
Users of the Platforms may log into the Platform and correct or update certain Personal Information. In addition, you can request that we correct, update, or delete your Personal Information by emailing a request to us at [email protected]. We will promptly process such requests in accordance with applicable law.

6. Opting Out
We may send notifications, newsletters, promotions, or other information via email or text message (“Communications”). You may choose to stop receiving Communications by following the unsubscribe instructions in any message you receive. Please note that certain Platform-related Communications are necessary for the proper functioning and use of the Platform, and you may not have the ability to opt out of those Communications.

7. Third-Party Websites
The Platform may include or provide links to other websites that we do not control. Even if an affiliation exists between Hiway and third-party websites, each of these linked Platforms maintains its own independent privacy and data collection policies and procedures, which we encourage you to consult.

8. Users from Outside the United States
The Platform is intended for residents of the United States. If you are using the Platform from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Platform, you consent to your information being transferred to, stored, and processed in the United States.

9. Platform Users are Adults Only
This Platform is not for use by children. Any information we receive from users we believe to be children will be purged from our database.

10. Your California Privacy Rights
If you are a California resident, in addition to other rights provided to you under other laws and under this Privacy Policy, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information (as defined by California law) about you by Hiway to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to [email protected].

11. Privacy Policy Questions
If you have any questions concerning this Privacy Policy, e-mail [email protected].

 

Consumer Report Disclosure and Authorization

In connection with your use of the Platform to rent a vehicle, Hiway may request and rely upon one or more consumer reports that are obtained from a third party consumer reporting agency (including, without limitation, Checkr, 1 Montgomery St #2000, San Francisco, CA 94104; (844) 224-3257; checkr.com).

A “consumer report” includes any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used in whole or in part as a factor in establishing the consumer’s eligibility for a purpose authorized under the Fair Credit Reporting Act and may include, without limitation, reports containing driver license validity information and driving and or motor vehicle record information on you from any state in which you have been licensed to drive, as gathered and communicated by a consumer reporting agency.

You hereby authorize and direct Hiway, either itself or through a third party consumer reporting agency, to obtain consumer reports on you and other information about your background, including investigation into your motor vehicle or driving record(s). To this end, you hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, information service bureau, or any other repository of information to furnish any and all background information requested by Hiway. This authorization constitutes written instructions in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to conduct a background check, where permissible under applicable law.

This authorization will be valid throughout your continued use of this Platform, until you withdraw your authorization, via email, by contacting Hiway at [email protected]

In the event that Hiway suspends or terminates your access to the Platform based wholly or partly on information contained in a consumer report, you will be notified of this fact and given the name and address of the consumer reporting agency who provided the report to Hiway and other information as may be required by federal and/or applicable state law.