Privacy Policy
At Gbike USA, Inc. and our family of companies (collectively "
Gbike ," " we ," " us ," or " our"), we are
strongly committed to transparency, and we want you (" you" or "
your") to understand how we collect, use, share and protect your
information. This Privacy Notice (" Privacy Notice") describes
how Gbike handles information in connection with Gbike's websites,
Gbike-branded user-owned vehicles, Gbike-owned vehicles and related
mobile applications and services (collectively, the " Services"),
and when you otherwise interact with us (“Interactions”).
We may change this privacy policy from time to time. In the event of
material changes we will i) inform you about these changes in advance
and ii) inform you of your right to object to these changes
THE INFORMATION WE COLLECT
We collect information related to our Services and Interactions directly
from users, automatically related to their use of the Services and our
Interactions, as well as from third parties. We may combine the
information we collect from these various sources.
Information You Provide to Us. We collect information directly from
users including but not limited to the account registration, management,
profile creation and modification; account access and use, as well as
uploading content to the Services and other associated activities;
vehicle use; access to and use of the Sites and apps; submission of
payment information; event registration and attendance; participation in
surveys, contests, sweepstakes and promotions sponsored by Gbike;
signing up to receive alerts or other information via email, text or
instant messages from Gbike; customer service, technical support, and
related communications; participation in communities, commenting on blog
entries, interacting with use on social media, and participation in
other forums; and submission of an application or resume to work at
Gbike.
The types of information we collect directly from you are: your name,
e-mail address, phone number, postal address, other contact information,
credit card and billing details, including billing address,
communications preferences, payment and transaction history, where
required your birthdate and driver’s license information or other
identification card, and any other information you submit to the
Services or otherwise provide to us. We also collect certain demographic
data if you provide it to us including age, gender, preferred language,
and current location.
Automatically Collected Information. We also collect information
through automated and technical means as you browse our Sites, use our
Apps, or otherwise use the Services; such as Device and Online Usage. We
collect information about your computer, browser, mobile or other device
that you use to access the Services. We may use cookies, pixels, log
files and other similar technologies to collect such information,
including IP address, device identifiers and other unique identifiers,
browser type, browser language, operating system name, and version,
device name and model, version, referring and exit pages, dates and
times you access our Services, the length of time that you are logged
into or using our Services, the links you click or features you use,
software crash reports and session identification number. Please see the
“Use of Cookies and Other Online Tracking Technologies” section below or
our Cookie Notice for more information; and Location Info and Vehicle
Usage. We automatically collect and store location information from your
device and from any Vehicles you use. We collect and store the location
information (e.g., city, state or zip code where available) associated
with the IP address of the device you use to access the Services, as
well as, with your permission, your mobile device’s location information
using GPS or Bluetooth (you can change your location/Bluetooth settings
for your mobile device; however, certain features may not be available
through the App if you do so). We compile and analyze information
derived from the use of our Services, such as aggregate usage patterns,
user preferences, peak demand times, common routes and other
information.
Information We Collect from Third Party Sources. In some cases,
we collect user information from third parties. Third Party Platforms
and Social Media Sites. When you interact with us or post content about
us on third-party social media platforms – like Facebook, Twitter,
Google+, Tumblr, LinkedIn, YouTube or Pinterest – we may collect certain
information about that interaction; the information that we may collect
is based on your settings on, and the policies of, these social media
platforms. We may also allow you to post certain information from these
platforms to your Gbike profile, and permit you to login to the Services
using your third-party social media account, in which case you will be
asked to consent to our access and collection of certain information
from your social media profile, subject to the policies of that
platform.
Other Third-Party Sources. We also may collect information about you
that we may receive from business partners, marketers, analysts and
other sources to, enable us to verify and update information contained
in our records and better customize the Services for you. We may also
collect information from credit reporting agencies to determine your
creditworthiness, credit score and credit usage, in compliance with and
to the extent permitted by applicable laws.
Referrals. We may from time to time conduct a referral service so that
you may introduce people you know to our Services, in accordance with
applicable local laws. If you choose to use our referral service to tell
someone about our Services, we will provide you with a template message
and referral code to send to your friend. We will not collect the
referral’s information unless he/she signs up to use the Services with
the referral code.
USE AND PROCESSING OF INFORMATION AND EU LEGAL BASES
We generally use the information we collect from and about you to
provide and operate the Services, respond to user requests, for customer
service and support, to protect our rights and those of others, to send
marketing communications, to help us personalize user experiences and to
improve the Services, as explained in more detail below.
Legal Bases for Processing Under EU Law. Where EU data protection
law applies, we process your personal data as defined by applicable EU
law under the following legal bases:
Our Contract with You. Our processing is necessary to perform our
obligations under a contract with you or to perform steps requested by
you prior to entering into a contract with you (e.g., to verify the
information you have provided to us and provide the Services to you).
Our Legitimate Interests. Our processing is necessary for our legitimate
interests, including to protect the security our Services; to protect
the health and safety of others; to establish, protect and defend our
legal rights and interests; to monitor and protect our Vehicles; to
prevent fraud and verify identity and authorization of users; to
personalize user experiences and content; to understand and analyze
usage trends; and to improve the Services.
Legal Compliance. Where our processing is required to comply with
applicable law (for example, to maintain your payment transaction
history for tax reporting purposes).
Your Consent. When we have your consent as defined by applicable law.
In addition, we may process information to the extent necessary to
protect the health, safety or vital interests of any person and to
establish, protect and defend our legal rights. More detailed
information is available upon request to our privacy team.
DISCLOSURE OF YOUR INFORMATION
We disclose the information we collect, in the following ways:
• Affiliates and Subsidiaries. Amongst our affiliated and
subsidiary companies in furtherance of the purposes set out in this
Policy; their use of your information is subject to this Privacy
Policy.
• Business Partners and Third Parties. Event Sponsors: We may
share your information with business partners who jointly sponsor events
with us, from time to time; where required by applicable law, we will
obtain your prior consent. You may at any time withdraw your consent or
tell us to stop sharing your personal information (as defined under
applicable law) with business partners and third parties by following
the opt-out process described in the “Your Choices” section below.
Platform Operators: If you use the Services through a third-party
platform that manages its own fleet of Gbike vehicles, we will also
share your information with the platform operator to assist in operating
the Services.
Public Partners: Because our Services are sometimes offered through
cities or other political/executive subdivisions, or require government
or administrative permission to operate in certain locations, our
business partners may include governmental authorities, local (regional,
provincial, city level) administrations, local quasi-government entities
like a city transit authority, local public transport operator and
appointed data aggregator. We may share your information with these
public partners as may be required to operate in a particular city or
location or to help local authorities improve, inform, or manage city
planning activities, public transportation services, traffic congestion,
or our vehicles or Services (for example, for designating vehicle
parking zones, issuing parking fines, or creating restricted areas where
our vehicles may not go, like sidewalks) among other public interest
purposes the public partner may determine. In some cases, sharing your
information with our public partners may be required by a law or
regulation.
• Third-Party Service Providers. We use a variety of third-party
service providers that perform functions on our behalf, such as hosting,
billing and payment processing, push notifications, storage, bandwidth,
content management tools, analytics, customer service, fraud protection,
App features, vehicle location service providers, etc.
• General Business Operations. Where necessary to the
administration of our general business, accounting, record keeping and
legal functions, to our tax advisors, legal counsel and other
professional services entities or agents.
• Legal Compliance and Protection of Rights. We may also use or
disclose information if required to do so by law or in the good-faith
belief that such action is necessary to (a) conform to applicable law or
comply with legal process served on us or the Services; (b) establish,
protect and defend our rights or property, the Services or our users,
including to investigate, prevent or take action regarding illegal
activities, suspected fraud, situations involving potential threats to
the safety of any person, violations of our Terms of Service, Rental
Agreement, other agreements or policies, or as evidence in litigation in
which we are involved; and (c) act under emergency circumstances to
protect the personal safety of us, our affiliates, agents, or users of
the Services or the public. This includes exchanging information with
other companies and organizations for fraud protection.
• Other Users. Certain features of our Services make it possible
for you to share comments publicly with other users. Any information
that you submit through such features is not confidential and may be
accessed by others. For example, if you submit a product review on one
of our Sites, we may display your review (along with the name provided,
if any) on other Gbike Sites and on third-party websites. Moreover, if
you provide a comment on our blog, other blog readers will be able to
review your comments, and if you interact with us on our social media
pages, your comments will be publicly available. So, please take care
when using these features. If you’d like to request removal of
information that we have posted about you, please contact us as set
forth in the “Your Choices” section below.
• Aggregate/Anonymous Information. We may share
aggregate/anonymous information about use of the Services with third
parties for research, marketing, analytics and other purposes, provided
such information does not identify a particular individual, such as by
publishing a report on usage trends. The sharing of such data is
unrestricted.
• Business Transfers. As we continue to develop our business, we
may seek to buy, merge, or partner with other companies. In such
transactions, (including in contemplation of such transactions) user
information may be among the transferred assets. If a portion or all of
our assets are sold or transferred to a third party, customer
information would likely be one of the transferred business assets. If
such transfer is subject to additional mandatory restrictions under
applicable laws, we will comply with such restrictions.
To request more information about the companies to whom we have
disclosed your information, please contact us as set out in the “Contact
Information” section.
USE OF COOKIES AND OTHER ONLINE TRACKING TECHNOLOGIES
Like most Sites and Apps and online Services, we use “cookies,” web
beacons (a/k/a pixel tags), analytics devices and similar technologies
(some of which are operated by third parties) to record your
preferences, gather information about the use of our Services,
personalize content and ads and track information about the performance
of our advertisements. We may also use these technologies to monitor
traffic and make the Services easier and/or more relevant for your use.
We may combine this information with other information we collect from
you.
ONLINE ADVERTISING
In order to display more relevant advertising on our Services, to manage
our advertising on third-party sites, mobile apps and online services,
and to measure and improve our ads and marketing efforts, we may work
with Facebook, Google and other third-party ad companies, ad exchanges,
channel partners, measurement services and ad networks. Please contact
us for more information.
These third parties may use cookies, web beacons or other tracking
technologies to collect information about your use of the Services and
your activities across other websites and online services, which they
may associate with persistent identifiers. This information may be used
to provide you with more relevant advertising or other targeted content
on our Services and other websites or services, and to measure the
performance of such advertising. Their activities and your choices
regarding their use of your information to personalize ads to you are
subject to and set out in their own policies.
You can also learn more about online advertising at
www.aboutads.info/consumers and opt out of interest-based advertising
from many participating ad companies at the ad industry websites
below:
Canada: www.youradchoices.ca
EU: www.youronlinechoices.eu
U.S.: www.aboutads.info
Similarly, you can 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:
Apple: http://support.apple.com/kb/HT4228
Android: http://www.google.com/policies/technologies/ads/
Windows: http://choice.microsoft.com/en-US/opt-out
Please note that opting-out of advertising network services does not
mean that you will not receive advertising while using our Services or
other services, nor will it prevent the receipt of interest-based
advertising from third parties that do not participate in these
programs.
Your browser or device may include “Do-Not-Track” settings or
functionality. Currently, our systems do not recognize browser
“Do-Not-Track” requests. Gbike’s information collection and disclosure
practices, and the choices that we provide to customers, will continue
to operate as described in this Privacy Policy, whether or not a
Do-Not-Track signal is received. However, you may disable certain
tracking on our Sites, as discussed in this section (e.g. by disabling
cookies), and you may opt-out of certain third party ad networks as
described below. For more information about Do-Not-Track signals, please
contact us.
HOW WE PROTECT YOUR INFORMATION
We take technical, physical and organizational security measures to
protect your information against accidental or unlawful destruction or
accidental loss, alteration, unauthorized disclosure or access. However,
no method of transmission over the Internet, and no means of electronic
or physical storage, is absolutely secure. We encourage you to take
steps to protect your information and prevent unauthorized access to
your password or account by, among other things, signing off after using
a shared computer, choosing a robust password that nobody else knows or
can easily guess, and keeping your log-in and password private. We are
not responsible for any lost, stolen, or compromised passwords, or for
any activity on your account via unauthorized password activity.
RETENTION OF YOUR INFORMATION
We retain your information a for as long as required to satisfy the
purpose for which it is collected and used (for example, for the time
necessary for us to provide you with customer service, answer queries or
resolve technical problems), unless a longer period is necessary for our
legal obligations or to establish, protect, or defend legal claims.
INTERNATIONAL USERS
Gbike is a global company with affiliates, service providers and
partners in multiple jurisdictions. As such, your information may be
transferred, accessed, stored and otherwise processed by us and these
third parties for the purposes described above, and subject to requests
from law enforcement, in jurisdictions outside of your home
jurisdiction, including the United States, Mexico and the European
Economic Area and other jurisdictions in which we or our service
providers operate. Some of these jurisdictions, including the United
States, may not provide an equivalent level of data protection as your
home jurisdiction. By providing us with your information, you
acknowledge any such transfer, storage, or use. We will take steps to
ensure that your information receives an adequate level of protection in
the jurisdictions in which we process it, including through appropriate
written data processing terms and/or data transfer agreements.
Individuals in the EEA. If you are located in the European Economic
Area, where your information is processed by members of our group or
third-party service providers and processors in a jurisdiction that the
European Commission has deemed to not provide an adequate level of data
protection (a “third country”), we will take appropriate measures to
ensure your information is subject to adequate safeguards, such as by
signing relevant EU standard contractual clauses approved by the
European Commission (the form for these clauses can be found here) or
another measure that has been approved by the European Commission as
adducing adequate safeguards for the protection of information when
transferred to a third country. If you are in the EEA, you have the
right to obtain details about the mechanism under which your information
is transferred to a third country. For more information about these
transfer mechanisms, please contact us as set out in the “Contact
Information” section below.
THIRD PARTY LINKS AND SERVICES
The Services contain links to third-party websites such as social media
sites, and also contain third-party plug-ins and functionalities (such
as the Facebook “like” button and Twitter “follow” button). If you
choose to use these sites or features, you may disclose your information
not just to those third parties, but also to their users and the public
more generally depending on how their services function. We are not
responsible for the content or practices of those websites or services.
The collection, use, and disclosure of your information will be subject
to the privacy policies of the third-party websites or services, and not
this Privacy Policy. We urge you to read the privacy and security
policies of these third parties.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to amend this Privacy Policy at any time to reflect
changes in the law, our data collection and use practices, the features
of our Services, or advances in technology. We will make the revised
Privacy Policy accessible through the Services and updating the
“Effective Date” for the Privacy Policy. If we make a material change to
the Privacy Policy, you will be provided with appropriate notice in
accordance with legal requirements. By continuing to use the Services,
you are confirming that you have read and understood the latest version
of this Privacy Policy.
YOUR CHOICES
If you would like to update your preferences on the types of
communications you receive from us, or opt out of marketing
communications from us, you may do so at any time by updating the
communication preferences in your account profile. Please note that we
may continue to send non-promotional communications such as important
notices, payment confirmations and transaction-related emails and other
information about your use of the Services. If you would like to opt-out
of (i) marketing communications, or (ii) being included in any Custom
Audience campaigns (see the “Online Advertising” section above for more
information), you may also do so by emailing us your request at
gcoo.us@gbike.io.
YOUR RIGHTS AND CHOICES
Depending on your location, applicable local laws may provide you with
the following rights with respect to your information to obtain access
to and/or a copy of certain information we hold about you; to obtain, in
certain circumstances, a copy of certain information we hold about you
in a structured, commonly used and machine readable format, and to ask
us to transfer this to a third party of your choice, where technically
feasible; to request that we update your information we hold that is out
of date or incorrect; to request that we delete certain information we
hold about you; to request that we restrict the way we process and
disclose certain of your information; to revoke your consent for the
processing of your information, to the extent our processing of your
information is not based on another legal basis; and to object to
certain processing of your information as follows right to object to
direct marketing: you may object to our processing of your information
for direct-marketing purposes (including any direct marketing processing
based on profiling). See “Your Choices” above for more info and right to
object to processing (including profiling) based on legitimate interest
grounds: in addition, where we are relying upon our legitimate interests
to process information, you may object to that processing. If you
object, we must stop that processing unless we can demonstrate
compelling legitimate grounds for the processing that override your
interests, rights and freedoms, or we need to process the information
for the establishment, exercise or defense of legal claims. We will
consider each case on an individual basis.
You may exercise your rights or make a request regarding your
information held by us, request further information about your legal
rights under applicable law, or submit a complaint about our privacy
practices by contacting us at any time, either by email or telephone
using the contact details set forth in the “Contact Information” section
below, to which we will respond as promptly as possible. Your rights may
be exercised through an agent such as a legal representative or an
attorney-in-fact. Please note that, if you request access, correction,
deletion, restriction, etc., of certain information we hold about you,
we will first verify whether the person making the request is actually
you (or an authorized agent). You may also access and modify much of the
information that you have submitted by logging into your account and
updating your profile. Please note that copies of information that you
have updated, modified, or deleted may remain viewable in cached and
archived pages of the Sites or Apps for a period of time. In addition,
we may retain certain information about you as required by law or as
permitted by law for legitimate business purposes. For example, if you
request that we delete your information but we believe that you have
violated our Terms of Service, we may retain information about you in
order to attempt to resolve the issue before deleting it. Moreover, you
will not be permitted to examine the information of any other person or
entity.
We will consider all requests and provide our response within the time
period stated by applicable law. We also may request you provide us with
information necessary to confirm your identity before responding to your
request. If applicable, you may make a complaint to the privacy
regulator or supervisory authority in the country where you are based.
Alternatively, you may seek a remedy through local courts if you believe
your rights have been breached.
PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS
If you are a California resident, California law requires us to provide
you with additional information regarding how we collect, use, and share
your “personal information” (as defined in the California Consumer
Privacy Act (“CCPA”)).
Categories of personal information we collect
Throughout this Policy, we discuss in detail the specific pieces of
personal information we collect from and about our users. Under the
CCPA, we are also required to provide you with the “categories” of
personal information we collect. The categories we may collect are:
identifiers (such as name, address, email address); commercial
information (such as transaction data); financial data (such as credit
card information collected by our payment processors on our behalf);
internet or other network or device activity (such as browsing history
or usage information); geolocation information (e.g., your approximate
location based on IP address, or precise location with your consent);
inference data about you (e.g., the additional services we think would
be of most interest to you based on your interactions with us);
demographic information (such as gender and age); insurance (including
health insurance) information; and other information that identifies or
can be reasonably associated with you.
How we source, use, and share these categories of personal
information
We source, use, and share the categories of personal information we
collect from and about you consistent with the various business purposes
we discuss throughout this Policy. See the “Information We Collect,”
“Use and Processing of Information and EU Legal Bases,” and “Disclosure
of Your Information” section(s) above for more information.
We do not sell your personal data for money. We may allow online
advertising services providers to collect your web browsing activity and
related technical information (like device identifiers) through cookies,
pixels, and similar technology in exchange for non-monetary
consideration. See our USE OF COOKIES AND OTHER ONLINE TRACKING
TECHNOLOGIES and ONLINE ADVERTISING sections of this Privacy Policy for
more information about our use of cookies including how to opt-out.
Please note that to the extent you are accessing our webpages across
multiple devices or platforms, or if you clear your browser settings,
you may have to opt out again.
In the preceding 12 months we may have sold the following categories of
personal data in connection with such third-party cookies:
• Identifiers. This includes website visitors’ internet protocol (“IP”)
addresses.
• Internet or network activity. This includes information about
visitors’ interaction with our webpages, including information about the
device’s web browser, page location, referrer, and person using the
website; cookie-specific data such as cookie ID; and button and field
data, such as any buttons clicked by site visitors, the labels of those
buttons, and any pages visited as a result of the button clicks.
Your California Privacy Rights
CCPA Rights Disclosure. If you are a California resident, the CCPA
allows you to make certain requests about your personal information.
Specifically, the CCPA allows you to request us to:
• Inform you about the categories of personal information we collect or
disclose about you; the categories of sources of such information; the
business or commercial purpose for collecting your personal information;
and the categories of third parties with whom we share/disclose personal
information.
• Provide access to and/or a copy of certain personal information we
hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we
offer to you, if any.
The CCPA further provides you with the right to not be discriminated
against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests
under California law. For example, we need certain information in order
to provide the Services to you. We also will take reasonable steps to
verify your identity before responding to a request. In doing so, we may
ask you for verification information so that we can match at least two
verification points with information we maintain in our files about you.
If we are unable to verify you through this method, we shall have the
right, but not the obligation, to request additional information from
you. If you would like further information regarding your legal rights
under California law or would like to exercise any of them, or if you
are an authorized agent making a request on a California consumer’s
behalf, please contact us at gcoo.us@gbike.io.
California Shine the Light Disclosure. California Civil Code Section
1798.83 permits customers of Gbike who are California residents to
request certain information, once per year, regarding our disclosure of
their personal information (as defined by California law) to third
parties for their own direct marketing purposes, or in the alternative,
that we provide a cost-free means for consumers to opt out of any such
sharing. To opt out of future sharing for these purposes, please send an
e-mail to gcoo.us@gbike.io.
CONTACT INFORMATION
If you have any questions about this Privacy Policy, would like to
exercise your rights regarding your information that we hold, or would
like to raise a complaint with us related to your information, you
should contact us as follows:
Privacy Team
gcoo.us@gbike.io