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Privacy Policy

Privacy Policy

Date Last Revised: December 20, 2021

Flywheel Software, Inc. (“we”, “us”or the“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at http://flywheel.com (“Website”), Flywheel software (“Software”), and related services (collectively, the “Services” ).

1. user consent.

By submitting Personal Data through our Website, Software, or other Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.

2. a note about children.

We do not intentionally gather Personal Data about visitors who are under the age of 13.

3. a note to users outside of the united states.

Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

4. types of data we collect.

We collect Personal Data and Anonymous Data (as defined below) from you when you visit our Website, when you send us information or communications, and/or when you download and use our Software and otherwise use our Services. “Personal Data” means data that enables another person to identify or contact you, including, for example, your name, address, telephone number, e-mail address and credit card information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data and does enable another person to identify or contact you. We collect Personal Data and Anonymous Data, as described below.

4.1 Personal Data You Provide to Us. We collect Personal Data from you, such as your name, phone number, e-mail, mailing addresses, company name, credit card number and password when you create an account to log in to our network (“Account”). We also retain information on your behalf, such as your cab preferences. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you participate in one of our surveys, we may collect additional profile information. We may also collect Personal Data from you via the Software or at other points in our Website that state that Personal Data is being collected. 

If you wish to apply for a job on our site, we will collect personal information such as your name, email address, phone number and additional information such as your resume, gender and ethnicity. We use the information collected within this area of the site to determine your qualifications for the position in which you have applied and to contact you to set up an interview.

4.2 Personal Data Collected via Technology.
(a) To provide you the Services, if you are a user of our mobile application for drivers of vehicles for hire (a “Driver User”), we collect the GPS location of the handheld mobile device on which the Software is installed periodically. If you are a user of our mobile application for passengers (a“Passenger User”), we collect the GPS location of the handheld mobile device on which the Software is installed when you hail a vehicle or select to disclose such information to Driver Users or other Passenger Users. The Services allow Passenger Users to hail a vehicle and direct pick-up to select commercial locations, such as a nearby coffee shop or retailer. If you are a Passenger User and select a commercial location, we will collect that location. 

(b) To make our Website, Software, and other Services more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including browser type, social account information, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use Cookies (as defined below) and navigational data like URL to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our Website or access your Account on our network. “Cookies” are small text files that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our Website may not work properly. 

(c) When you use the Services, we may employ clear GIFs (also known as “web beacons”) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Services.

4.3 Personal Data That We Collect from You About Others. If you decide to create an Account for and invite a third party to join our network, we may collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. You or the third party may contact us at the contact below to request the removal of this information from our database.

5. use of your data

5.1 General Use. In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Data to provide the Services; and to charge you for the Services; to facilitate the creation of and secure your Account; to identify you as a user in our system; to provide improved administration of our Website, Software, and other Services; to improve the quality of your experience when you interact with our Website, Software, and other Services; to send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; to send you administrative e-mail notifications, such as security or support and maintenance advisories; to respond to your inquiries and requests; to send promotional or marketing communications for our products and services or those of third parties; to provide you with hardcopy or electronic newsletters, or surveys; or to solicit your feedback; to provide advertising to your browser or device; if you are Passenger User, to collect credit card payments; and, if you are a Driver User, to check your background and to payments to you.

5.2 Creation of Anonymous Data We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Website, Software and other Services. We reserve the right to use Anonymous Data and disclose such Anonymous Data to third parties in our discretion.

5.3 Feedback If you provide feedback on any of our Website, Software or other Services to us, we may use such feedback for any purpose, provided that we will not associate such feedback with your Personal Data. We will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.

6. disclosure of your personal data

6.1 Affiliates. We may share some or all of your Personal Data with any parent company, subsidiaries, joint ventures or other companies under common control with the Company (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires the Company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

6.2 Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Company; or (b) protect or defend the rights or property of Company or users of the Website, Software or other Services.

7. third parties

7.1 Personal and/or Anonymous Data Collected by Third Parties. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our Website and go to another site. During this process, another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

7.2 Disclosure to Third Party Service Providers Except as otherwise stated in this policy, we do not sell, trade, share, or rent the Personal Data collected from our services to other entities. However, we may share your Personal Data with third party service providers to provide you with the Website, Software and other Services that we offer you; to conduct quality assurance testing; to facilitate creation of Accounts; if you are a Passenger User, to collect credit card payments; if you are a Driver User, to process your payments; to provide technical support; or to provide specific services to your or the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company. You expressly consent to the sharing of your Personal Data with our contractors and other service providers for the sole purpose of providing services to you or us.

7.3 Ads on Flywheel We may share certain information such as your location, browser and cookie data and other data relating to your use of our Services with our business partners to deliver ads that may be of interest to you. We may allow third-party ad servers or ad networks to serve advertisements on the mobile app or our Website. These third-party ad servers or ad networks use technology to send ads or ad links directly to your browser or mobile device and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear GIFs) to compile information about your browser’s or mobile device’s visits and usage patterns on the Services, and to measure the effectiveness of their ads and to personalize the advertising content.

7.4 Background Check If you are a Driver User, you expressly consent to the sharing of your Personal Data with the third parties you list as references during the registration process for the sole purpose of the Company performing a background check on you.

7.5 Disclosures to Other Users. (a) To provide you the Service, the Software tracks the GPS location of the handheld mobile device on which the Software is installed. If you are a Driver User, such GPS information will be disclosed to other Driver Users and Passenger Users of the Services. If you are a Passenger User, such GPS information will be disclosed to other Driver Users and Passenger Users of the Service that you select to receive such GPS information, including, without limitation, any Driver User you hail until you select not to disclose such information to them or until the Driver User picks you up (as applicable). 

(b) If you are a Passenger User and you have associated a phone number with your Account (defined below), your phone number may be disclosed to other Driver Users and Passenger Users of the Service that you select to disclose your phone number to, including without limitation, any Driver User you hail until you select not to disclose such information to them or until the Driver User picks you up (as applicable). 

(c) The Service allows Passenger Users to hail a vehicle from select commercial locations (e.g., a Starbucks). If you are a Passenger User and select a commercial location, we will disclose the commercial location to other Driver Users and Passenger Users of the Service that you select to disclose your commercial location to, including without limitation, any Driver User you hail until you select not to disclose such information to them or until the Driver User picks you up (as applicable). 

(d) You expressly consent to our collection, disclosure, and use of such GPS location, phone number, and commercial location (as applicable) as described above.

8. your choices regarding your personal data

8.1 Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our Website, Software, or other Services and may contain advertisements or coupons for other third parties and their products and services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.

8.2 Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within the Software or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

9. security of your personal data.

We are committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. Despite these measures, you should know that Company cannot fully eliminate security risks associated with Personal Data and mistakes may happen.

10. contact information.

We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at support@flywheel.com.

11. dispute resolution.

If you believe that Company has not adhered to this Statement, please contact Company by e-mail at the contact above. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

12. changes to this privacy policy.

This Privacy Policy is subject to occasional revision in accordance with our Terms of Use. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Website, Software, or other Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

13. Data retention and deletion.

Flywheel retains user data for as long as necessary for the purposes described below.

Users may request deletion of their accounts at any time. Flywheel may retain user data after a deletion request due to legal or regulatory requirements or for reasons stated in this policy.

This means that we retain different categories of data for different periods of time depending on the type of data, the category of user to whom the data relates, and the purposes for which we collected the data. 

 

Users may request deletion of their account at any time by emailing support@flywheel.com.

Following an account deletion request, Flywheel deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements relating to drivers, this generally means that we retain their account and data for a minimum of 7 years after a deletion request.