Last Updated: May 24, 2019
What is Personal Information?
"Personal Information" means information that identifies you as an individual, that we can combine with readily available information to identify you as an individual, or that we can use to contact you.
How We Collect and Use Information
The principle purposes for which we collect and store information, including Personal Information, are to process your application, allow you to reserve and use the vehicles offered by dealers for rent through our Service, authorize payment, bill you, respond to your inquiries, improve our products and services, maintain your account with us, protect our rights, and comply with our legal obligations.
Flexdrive collects information that you voluntarily submit to us, such as your name, email address, postal address, or telephone number, if you include that information in a form, survey, an email, a text message, over the telephone, in an instant message, or by other means. Your telephone calls and email correspondence with us may be recorded or monitored for quality control, training, and similar purposes. By using these communication methods, you are consenting to the recording or monitoring of your calls and emails with Flexdrive.
If you apply to join the Flexdrive subscription program (the "Program"), we collect Personal Information as you proceed through the stages of our application, membership agreement, and reservation process. In addition to your name and contact information, we also collect your driver's license number and the jurisdiction in which you are registered and credit card or other payment information. We may also collect information such as your driving record by ordering one or more consumer reports on you from third parties who perform motor vehicle record checks. This information may be used to process your application and, if you are approved, for the purposes described below.
If you join Flexdrive and use our services, we collect information about your reservations (dates, times, locations, etc.) and your use of the Flexdrive Service (return time, mileage, accidents, etc.). We use this information to bill you, respond to your inquiries, provide and improve our products and services and maintain your account with us, to personalize your Flexdrive experience (i.e., by understanding your preferences), and to provide content and offers that we think may be of interest to you. To learn more about how Flexdrive customizes the content and offers you receive, please see "Advertising and Personalized Content" below. From time to time we will send newsletter emails. To unsubscribe from our newsletters, please follow the instructions provided in the newsletters you have received.
Vehicles rented through the Service may be equipped with Global Positioning System (GPS) vehicle tracking technology and other telematics technology further described in the Membership Agreement. GPS is a network of satellites that allows us to determine the location (latitude and longitude) of vehicles rented through the Service. This information is transmitted to Flexdrive and temporarily stored (including while a vehicle is being rented to you by a dealer through the Service). Flexdrive uses this information for a variety of important purposes. For example, we may use GPS data to help you find a car you have reserved, to provide roadside assistance when you need it, to ensure that a car is available at the place and time you have reserved, to alert us when a vehicle rented through the Service is likely to be returned late, to identify potential violations of the Membership Agreement and applicable dealer rental agreement, and to locate lost or stolen vehicles rented through the Service.
When you visit the Flexdrive websites, our servers automatically log certain information about your use of our websites, such as your IP address, your browser type, operating system, browser language, and service provider. We also collect information about your activities on our websites, such as the pages you visit or the ads or links you click on. The first time you visit a Flexdrive website, Flexdrive assigns you a unique number, which is stored in one or more cookies on your computer's hard drive. These cookies help us distinguish new visitors from returning visitors and enable us to measure the effectiveness of content on the website and refine and tailor that content to suit our visitors' interests. If you have joined Flexdrive or provided other Personal Information about yourself (for example, if you send us an email), your cookie ID can be associated with you personally. To learn more about cookies and how Flexdrive customizes the content and offers for you, please see "Advertising and Personalized Content" below.
How Might We Transfer Personal Information to Third Parties?
- To Dealers to Provide You with Access to Vehicles: We disclose certain Personal Information to dealers who, through the Program, provide you with access to their vehicles. For example, we provide dealers with basic contact information (phone and e-mail address) to facilitate communication between you and the dealer (including to facilitate the dealer sending promotional codes to you). Although we do not share detailed GPS information with dealers, we provide the dealer with the last known parked location of a vehicle to help protect the dealer from loss of its vehicle.
- To Service Providers to Provide the Service: We disclose your Personal Information to service providers acting on our behalf or under our instructions, including for purposes relating to the operation, maintenance, administration, improvement, and oversight of our services, websites and advertising services, or to fulfill your requests for information or service.
- To Process Your Flexdrive Membership Application: If you apply for Flexdrive membership, we share certain Personal Information with service providers who help us obtain your driving record. We do not share Personal Information with such service providers beyond what is necessary to approve your application. In addition, if you are associated or affiliated with another, primary account (for example, if you are an associate member or affiliated with a business's or university's account), the primary account holder or administrator of that account may have access to limited information regarding your use of our services.
- In Connection with a Merger or Acquisition Transaction: We may disclose Personal Information in connection with a corporate transaction, proceeding, or reorganization involving the business activities for which the information is maintained. In the event that ownership of Flexdrive or its business was to change as a result of a merger, acquisition, or transfer to another company, Personal Information may be transferred. If such a transfer results in a material change in the way Personal Information about you is used, we will provide notice about the choices you have to decline to permit such a transfer.
- To Respond to Legal Process: Flexdrive may disclose Personal Information, including location/GPS data, as required by law (for example, a court order, search warrant or subpoena) or requests from law enforcement authorities; in other circumstances in which Flexdrive believes the Service, the Program, or the dealers’ vehicles are being or has been used in violation of the applicable law or otherwise in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary to protect the rights or property of Flexdrive or third parties.
With your permission, Flexdrive may send you messages with offers that we believe will be of interest to you. We may also present you with offers on behalf of our dealers. If you do not want us to send you promotional emails, follow the instructions provided in the messages you have received. You may not be able to opt out of receiving certain messages relating to the Service, such as security alerts.
Advertising and Personalized Content
Cookies are text files that are placed in your computer's browser, and that can be used to help recognize you on the Flexdrive websites. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session cookies to maintain session state and user identity. A persistent cookie remains on your hard drive for an extended period of time. We use persistent cookies to help remember user preferences. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. 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' Services or apps."
We do not knowingly solicit or collect individually identifying information from children under the age of 13.
Use of the Service Outside the United States
Flexdrive has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint..
These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Flexdrive is potentially liable.
How May I Review and Correct My Personal Information?
Flexdrive is committed to providing you with reasonable and practical access to your information to allow you the opportunity to identify inaccuracies. If you are a member of Flexdrive, you can review and correct certain Personal Information in the Flexdrive app on the Account screen. If you would like to access, delete and/or correct other personal information held by Flexdrive, please contact us in one of the ways provided below, and we will respond to your request in accordance with applicable law, but in any event within 30 days. When commercially practicable, if Flexdrive is informed of the inaccuracy of Personal Information, we will make the appropriate corrections. Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at email@example.com so we have an opportunity to address your concerns directly before you do so.
We will retain your information for as long as your membership account is active, as needed to provide you services, or as required by law. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
What Security Measures are Used to Protect My Personal Information?
Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information (as defined by California law) by Flexdrive to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us using the Contact Information provided below.
If you have questions about our handling of personal information, you may write to us at firstname.lastname@example.org or at the address below.
Flexdrive Services, LLC is located at 2002 Summit Boulevard, Suite 750, Atlanta, Georgia 30319.