BLUELA PRIVACY STATEMENT
LAST UPDATED: January 24, 2018
This Privacy Statement (the “Privacy Statement”) sets forth BlueLA Carsharing, LLC (“BlueLA,” “We,” “Us,” or “Our”) privacy practices and the possible uses of the Personal Information (as defined below) that it gathers from its members (“Member,” “You,” or “Your”) pertaining to their membership in the BlueLA carsharing program (“Membership”).
This Privacy Statement applies to certain information collected by the BlueLA website (the “Site”), mobile application, global positioning service (“GPS”) technology, BlueLA cars (“BlueLA Car”), enrollment kiosks (“BlueLA Kiosk”), charge points (“BlueLA Charge Points”) or the BlueLA Customer Relations Center (collectively, the “Service”). The Service may contain links to or information about other web sites that are outside the control and/or custody of BlueLA. We encourage You to review the privacy policies of each of those sites to obtain an understanding of how Your information is used or shared by those third-parties. BlueLA is not responsible for the privacy practices of any external website.
(i) Information You Provide
When You register as a Member of the Service and use the Service, We may collect the following information that You provide to Us and which may be used to identify You (“Personal Information”):
- Driver’s license number;
- International driver’s license number for non US citizens;
- Passport number for non US citizens;
- Phone number;
- Email address;
- Physical mailing address;
- ID photograph;
- Payment card information;
- PIN code registered to access the Service; and
- If applying for the Community Membership:
- Your financial and/or employment information;
- Your family and/or household information; and
- Your participation in or receiving any assistance or benefits from a public assistance program as described in detail in the Terms and Conditions.
(ii) Information Collected Automatically
The software used in the Service may automatically collect the following information from You that may alone or in connection with other information, constitute Personal Information:
- Your Internet Protocol ("IP") address;
- Device ID numbers such as Apple Advertising ID;
- To the maximum extent permitted by law, Your location in accordance with the privacy settings of the device used to access the Service; and
- Information about Your browsing activity such as Your browser type, Internet service provider, referring/exit pages, the files viewed on the Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.
(iii) Car and Positioning Data
BlueLA Cars, BlueLA Charge Points, and BlueLA Kiosks include technology that enables Us to effectively service Memberships. Included within such technology is technology which allows us to collect certain information and GPS technology which allows Us to identify the location of BlueLA Cars (collectively, “Car and Positioning Data”).
By using the Service, You authorize and expressly consent to Our use of the technology included in the BlueLA Car to the maximum extent permitted by law.
BlueLA also may collect information through the use of common information-gathering tools known as cookies. A cookie helps the Site remember You and customize Your visit. You have the option to delete or decline cookies by changing Your browser’s settings.
(v) Web Beacons and Site Visits
BlueLA may also use single pixel images on the Site or in Our emails to You. This technology tells Us more about browsing, click-tracking, viewing, and buying activity.
Finally, Google Analytics is an element of the Site. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Site, the IP address, and the type of operating system used in the devices used to access the Site. By using a browser plugin provided by Google, You can opt out of Google Analytics.
INDIVIDUALS UNDER 18
BlueLA does not market to and does not knowingly collect any Personal Information from or about an individual under the age of 18 without the consent of the individual’s parent or legal guardian. If We discover that We have inadvertently collected information from an individual under 18 years of age, We will promptly take all reasonable measures to delete that data from Our systems.
USE OF INFORMATION COLLECTED
Direct Marketing. We may use Personal Information to generate and send marketing communications to You directly for products and services available for purchase on the Service and/or Our affiliate websites, coupons, or other marketing opportunities. If You do not wish to receive marketing communications directly from BlueLA, You may unsubscribe in the marketing email or communication sent to You by following the instructions in that communication.
Moreover, We may use Personal Information about You for the following purposes:
- To communicate with You;
- To prevent and investigate fraud and other misuses;
- To comply with a subpoena or other legal process or as otherwise required by law when We believe in good faith that disclosure is necessary to protect Our rights, protect Your safety or the safety of others or respond to a government request;
- To protect Our rights and/or Our property;
- To operate Our products and services;
- To manage the Service and/or the Site;
- To enable You to obtain access to products and services and engage in offered activities;
- To provide You information about new and upgraded products and services, and other information where you have consented to be contacted for such purposes;
- To aggregate data;
- To improve Our products and services and Your experience interacting with Us;
- To audit and analyze the Site; and
- To ensure the technical functionality and security of the Site.
Telematics system. The BlueLA Cars are equipped with GPS or other “electronic surveillance technology” as such term is defined by California Civil Code Section 1939.01 (collectively, “Telematics System”). You acknowledge that such Telematics System utilizes wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by You. You consent to and expressly authorize Us to monitor the BlueLA Cars through such Telematics System to the extent permitted by law. Further, You acknowledge and agree that:
- We, the operators of the Telematics System, or third parties may have access to the information supplied by the Telematics System including:
- Location of the BlueLA Car,
- date and time of departure and return of the BlueLA Car,
- total mileage driven,
- the charge level of the BlueLA Car, and
- other diagnostic, safety, and performance information to identify and/or repair any technological defects disclosed thereby;
- We, the operators of the Telematics System, or third parties may use or disclose such information to
- provide navigation assistance to You,
- to determine the date and time the BlueLA Car departs from and is returned to the BlueLA Station, and the total mileage driven and the charge level of the returned vehicle
- locate a stolen, abandoned or missing BlueLA car,
- allow for remote locking and unlocking of the BlueLA Car,
- respond to an accident or other emergency or otherwise to ensure Your safety,
- respond to a specific request from low enforcement pursuant to a subpoena or a search warrant,
- at Your request, provide You with roadside assistance, such as towing, flat tire, or charging services, and otherwise, to the extent permitted by law.
- You have no expectation of privacy related to Your use of the BlueLA Cars.
SHARING OF INFORMATION COLLECTED
We may disclose Personal Information about You to the following categories of third parties:
- Our parent companies, affiliates, and subcontractors. You agree to allow Us, Our parent and affiliated companies, and Our and their subcontractors, some of whom may be located outside of the United States, including, without limitation, in France, to retain and utilize the data collected by Us for any and all lawful purposes. Those companies, including subcontractors are contractually bound to ensure adequate Personal Information protection.
- Service Providers. These entities assist BlueLA in fulfilling orders from Members, billing, delivering packages, sending mail, providing search results and links, or similar services.
- Regulatory Bodies. If You apply for Membership, some of the Personal Information about You may be shared with regulatory bodies to obtain Your driving record or to comply with any legal, regulatory or contractual obligation BlueLA may have.
- Law Enforcement and other authorities. Personal Information about You may be shared with law enforcement officials and other authorities if it relates to a criminal investigation or alleged illegal activity or breach of any applicable laws and regulations.
- Necessary for Safety, Security or Protection Reasons. BlueLA may also disclose Personal Information about You if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of BlueLA, its Members, or the users of the Site.
- Sale or Acquisition of Assets. If BlueLA becomes involved in a transaction involving the sale of its assets, such as a merger or acquisition, or if BlueLA is transferred to another company, BlueLA may disclose and/or transfer Personal Information about You as part of the transaction. If the surviving entity in that transaction is not BlueLA, the surviving entity may use Personal Information pursuant to their own privacy policies, and those policies may be different from this Privacy Statement.
- General Marketing. We may share Personal Information with third parties for the purpose of marketing products or services to You in compliance with applicable laws.
PROTECTION OF PERSONAL INFORMATION
Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while BlueLA takes reasonable measures to protect all Personal Information in the manner detailed herein, BlueLA cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. BlueLA will notify You in the event We become aware of a security breach involving Personal Information that constitutes personally identifiable information under the applicable state and federal laws stored by or for Us. By disclosing Your email address to Us for any reason, You expressly consent to receiving electronic notice from Us in the event of such a security breach.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Some of the elements of the Service and/or the Site may be hosted on servers located in countries outside Your own country, such as in France. The laws applicable to the protection of Personal Information in such countries may be different from those applicable in Your home country but are deemed to ensure an adequate level of protection of Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
California law permits Members who are residents of California to request the following information regarding Our disclosure of their Personal Information to third parties for those third parties’ direct marketing purposes (i) a list of certain categories of Personal Information that We have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year; (ii) the identity of certain third parties that received Personal Information from Us for their direct marketing purposes during that calendar year; and (iii) examples of the products or services marketed (if We have that information). If you are a California resident and would like to make such a request, please email Us at email@example.com.
You can check when this Privacy Statement was last modified by viewing the “Last Updated” legend above. BlueLA reserves the right to update this Privacy Statement from time to time, and You should check the Site periodically for changes.
For any questions regarding this Privacy Statement You may contact Us via www.bluela.com or by mail at: BlueLA, 555 W. 5th Street, 35th Floor, Los Angeles, California 90013, Attn: Legal Dept.