Tuk-Tuk Privacy  Notice

Effective: November 1,2018

PLEASE READTHIS ENTIRE AGREEMENT.  It is a CONTRACT between you and TUKTUK Scooters andits predecessors, successors, affiliates and subsidiaries ("Tuk Tuk”). 

This agreement affects your legal rights!  

We atTuk-tuk Scooters want to let You know how TUKTUK Scooters (“Tuk-Tuk”or “We”, “Us”, or “Our”), collect, use, share and protect Your personalinformation, as well as how You (“You, “Your”, or “Yours”) can manage Yourpersonal information that We collect.  ThisPrivacy Notice applies to Your interaction with:

- Our website, www.tuktukscooters.com , and any versions optimized forviewing on a wireless or tablet device (collectively, the “Websites”);

-  - The Tuk-Tuk App (the “App”);

- All email newslettersthat We publish or distribute;

- All products andservices that We make available pursuant to the User Agreement and Terms ofService (collectively, the “Services”); and

- All other interactivefeatures and communications that We provide, operate or make available pursuantto the User Agreement and Terms of Service (collectively, the “Features”).

This Privacy Notice doesnot apply to information that You provide to third parties, including those towhich We link.

If Youdo not understand, or if have any questions about, this Privacy Notice, pleasecontact Us by email at : help@tuktukscooter.com   before using, or continuing to use, anyof Our Websites, Apps, Services or Features.

If Youdo not want Tuk-tuk Scooters to collect Your Personal Information, please donot provide it to Us. Please understand that if You choose not to providecertain Personal Information to us, Your choice will restrict Your ability toaccess some content and use some of the functionality of the Websites, App,Services and Features. 

If You Do Not AgreeTo This Policy,  Please Do Not Access OrUse The Services.

SECTIONS

      This Privacy Notice contains the following twentysections:

1.0 Changes To ThisPrivacy Notice

2.0 How We CollectInformation From You

3.0 How We Use The Information We Collect

4.0 When We DiscloseYour Information

5.0Who We Provide Your Information To

6.0 Our Legal Basis ForUsing Your Personal Information

7.0 Links To Other Web Sites AndServices

8.0 Your Privacy Rights

9.0 Your Choices

10.0 Children

11.0CaliforniaDo-Not-Track Disclosure

12.0How Long We Keep Personal Information

13.0 The Steps We Take ToKeep Personal Information Secure

14.0 Assignment

15.0 Emergency Situations

16.0 Governing Law

17.0 AccessingAnd Correcting Your Information

18.0 Your CaliforniaPrivacy Rights

19.0 Other Terms And Conditions

20.0 Contact

1.0 CHANGES TO THIS PRIVACY NOTICE

We reserve the right to change Our Privacy Notice fromtime to time by email, prominently providing a push notification through OurApp, posting on Our Websites, or any or all of the above. Your use of any ofOur Websites, App, Services, or Features after We have made changes to OurPrivacy Notice will mean that You have accepted those changes. 

2.0 HOW WE COLLECTINFORMATION FROM YOU

We collectinformation that You provide directly to us through:

-The Services You use;

- Account registration and administrationof Your account;

-Uploads or posts to the Services;

-Your participation in polls, orsurveys;

-Requests or questions You submit to usvia online forms;

-Your transactions with Us;

-Requests for customer support andtechnical assistance; and

-Any other communications You make withUs through the Services.

Please note that We need certain types ofinformation to provide the Services to You. If You do not provide us with suchinformation, You may no longer be able to access or use certain Services.

Information That You Provide Directly ToUs

We may collect the following types ofpersonal information from You depending upon how You interact with Us or use orinteract with Our Websites, App, Services or Features, including Your:

-name;

-e-mail address;

-telephone number;

-postal address;

-credit card;

-billing and contact information;

-demographic information; and

-location information.

If You inviteanother person to use the Services, We may collect certain information to sendan invitation to use the Services and create an account.

Information We Collect Automatically

When You use ourServices, We collect certain information automatically as described in thisSection. As discussed further below, We and Our service providers, whichare third party companies that work on our behalf, may use a variety oftechnologies, including “cookies”, which are small text files thatare stored on Your computer or equipment when You visit certain online pagesthat record Your preferences and actions.

Cookies /Usage Information.

We and our third-party service providers, which include ad networks andanalytics companies may use cookies, web beacons, and other trackingtechnologies to collect information about the computers or devices (includingmobile devices) You use to access the Services. As described further below, We maycollect and analyze information including but not limited to

(a) browser type;

(b) ISP or operating system;

(c) domain name;

(d) access time;

(e) referring or exit pages;

(f) page views;

(g) IP address;

(h) unique device identifiers (e.g. IDFA or Android ID); and

(i) the type of device that You use.

We may also track how frequently You access or use the Services. We usethis information (including the information collected by our third-party serviceproviders) for analytics to assist in determining relevant advertising, toevaluate the success of our advertising campaigns, and as otherwise describedin this Policy.

You can choose to accept or decline cookies. Mostweb browsers automatically accept cookies, but Your browser may allow You tomodify Your browser settings to decline cookies if You prefer. Please note,however, if You disable cookies, You may be prevented from taking fulladvantage of the Services, because it may not function properly.

Location Information.

When You use theServices, Our service providers and We may automatically collect generallocation information (IP address, city/state and or postal code associated withan IP address) from Your computer or mobile device. If You install and use ourmobile app, We collect information about the location of the Scooter,the routes taken by the Scooter, and the rental status of the Scooter. We alsocollect information about Your location that You provide to Us or enable Us tocollect on Our Websites, Apps, Services or Features.  While You can always decide not to shareinformation about Your location with Us, You must agree to provide certaintypes of location information, including, for example, the location of anyScooter while You are renting it, if You want to use Our Services.

Other ElectronicTechnologies.  

Our third-party service providers and we may use, in addition tocookies, clear GIFs, pixel tags, and other technologies that help us betterunderstand user behavior, personalize preferences, perform research andanalytics, and improve the Services. These technologies, for example, may allowus to tailor the Services to Your needs, save Your password inpassword-protected areas, track the pages You visit, help us manage content,and compile statistics about usage of the Services. We also use certain ofthese technologies to deliver advertisements through the Services that may interestYou. We or Our third-party service providers also may use certain of thesetechnologies in emails to Our customers to help Us track email response rates,identify when Our emails are viewed, and track whether Our emails areforwarded.

We may also use local shared objects (also known as "Flashcookies") to assist in delivering special content, such as video clips oranimation. Flash cookies are stored on Your device, but they are not managedthrough Your web browser. To learn more about how to manage Flash cookies, Youcan visit the Adobe website and make changes at the Global PrivacySettings Panel.

Flash cookies operate differently than browsercookies, and cookie management tools available in a web browser may not affectflash cookies. As We adopt additional technologies, We may also gatheradditional information through other methods.

You canlearn about Your options to opt-out of mobile app tracking by certainadvertising networks through Your device settings. For more information abouthow 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/ ;and

Windows: http://choice.microsoft.com/en-US/opt-out

Again,please note that if You delete Your cookies or if You set Your browser ordevice to decline these technologies, some functions of the Websites, Apps,Services or Features may not function at all, or may not function as designed.

3.0 HOW WE USE THE INFORMATION WE COLLECT

We use the information We collect through the Services for a variety ofpurposes, including:

-     Providing You with theServices;

-     Customer support and torespond to Your requests;

-     Registering You for anaccount;

-     Communicating with Youregarding Your relationship with us;

-     Sending You pushnotifications to Your wireless device to provide updates and other relevantmessages;

-     Administering surveys, orpromotions;

-     Maintaining internal records;

-     Processing billing andpayment, including sharing with third-party payment gateways and paymentservice providers in connection with the Services;

-     Improving and maintaining theServices, and for product and service development;

-     Contacting You with productsor offers that may interest You; and

-     Addressing fraud or safetyconcerns, or to resolve disputes, protect third parties, and us and to enforceany legal terms that govern Your use of the Services.

We may combine information that We collect from You through the Serviceswith information that We obtain from affiliated and nonaffiliated thirdparties, and information derived from any other products or services Weprovide.

We may aggregateand/or de-identify any information collected through the Services so that suchinformation can no longer be linked to You or Your device. We may use suchinformation for any purpose, including without limitation for research andmarketing purposes, and may also share such data with any affiliate or otherthird party.

4.0 WHEN WEDISCLOSE YOUR INFORMATION

We may disclose Yourinformation in the following situations:

 -- - Legal Requirements: TukTuk may disclose Your information if required to do so by law or in the good faith belief that such action is necessary t 

(i)comply with a legal obligation, 

(ii)  protect and defend the rights or property of Tuk-Tuk, including the enforcement of any legal termsgoverning Your use of the Services, 

(iii)protect the personal safety of users of the Services or the public, or 

(iv)(iv) protect against legal liability.

- Your Consent: We may discloseYour information to nonaffiliated third parties based on Your consent to do so.

- Affiliates: We may share Yourinformation with any of our affiliates as needed to operate the Services.

- Business Transfers: As We develop our business, We might sell orbuy  businesses or assets. In the event of an actual or potential corporate sale, merger, reorganization, asset sale, dissolution or similar event, Your informationmay be shared and/or part of the transferred assets.

- Service Providers: Tuk-Tuk, like many businesses, sometimeshires other companies to perform certain businessrelated functions.  Examples of such functions include maintainingdatabases, processing payments, and mailing information.  Weprovide access to or share Your information to enable such service providers toprovide requested services to us.

Online Analytics

We may use third-party web analytics services on the Service, such asthose of Google Analytics. These service providers use technology described inthe section above to help us analyze how users use the Services, including bynoting the third-party website from which You arrive. The information collectedby the technology will be disclosed to or collected directly by these serviceproviders, who use the information to evaluate Your use of the Services. Toprevent Google Analytics from using Your information for analytics, You mayinstall the Google Analytics Opt-Out Browser Add-on.

5.0 WHO WE PROVIDE YOUR INFORMATIONTO

Exceptas disclosed in this Privacy Notice, we do not disclose information about YourPersonal Information collected online to any companies not part of TUKTUK Scooters.

In noevent will We sell or rent Your Personal Information as part of a customer listor similar transaction.

We mayuse and share Your Personal Information as follows:

If Weare involved in defending a legal claim, We may disclose information about Youthat is relevant to the claim to third parties as a result of, or in connectionwith, the associated legal proceedings.

6.0 OUR LEGAL BASIS FOR USING YOURPERSONAL INFORMATION

Data Protection Law does permit Us to use Your PersonalInformation for the purposes described in this Privacy Notice, including that:

-   You have provided Your consent to Us;

-   We need to use Your Personal Information in order tofulfill Our terms of service;

-   We need to comply with a legal obligation, including, forexample, responding to government or law enforcement information requests;and/or

-   the processing is necessary for the purposes of Ourlegitimate interests, provided We have balanced these against Your rights andinterests.

Our legitimate intereststo use Your Personal Information include:

-   to ensure effective administration and management of Yourrelationship with Us, including any rentals with Us;

-   to understand how Our customers use Our services and tomanage Our Scooter fleet;

-   to carry out research and analysis on what services orproducts Our customers want or how they would like Us to improve Our Services;

-   to understand how Our customers use the App, Websites and Services,and identify any issues in how the App, Websites and Services are used and howWe can improve the customer’s usage experience;

-   to tell Our customers about the various Services We canoffer;

-   to understand and respond to customer feedback;

-   to better tailor and personalize the App and Websites, andany promotions and benefits that We offer to Our customers;

-   to prevent, detect, or investigate unauthorized use of OurScooters and systems and ensure We comply with law and Our policies; and

-   to manage any disputes and accidents and take legal orother professional advice

7.0 LINKS TO OTHER WEB SITES AND SERVICES

The Services may contain linksto other web sites or services not operated or controlled by Tuk-tukScooters (the “third Party Sites”). The policies and procedures We The policies and proceduresWe described here do not apply to the Third Party Sites. 

The links from the Services do not imply that TukTuk endorses or has reviewed  the Third Party Sites. We Suggestcontacting those sites directly for information on their privacy policies. Tuk-Tuk is not responsible forthe content of the Third Party Sites or the protection and privacy ofinformation You provide while visiting such Third Party Sites.

8.0 YOUR PRIVACY RIGHTS

You mayhave – in accordance with applicable data protection laws – the followingrights when it comes to Our handling of Your Personal Information:

-      Right of access – You may have the right to request a copy of thePersonal Information We have about You and to request supporting informationexplaining how the Personal Information is used.

-      Right to withdraw consent – where We process Your PersonalInformation based on consent (including direct marketing consents), You have theright to withdraw consent at any time. However, this will not affect thelawfulness of the processing based on consent before its withdrawal.Furthermore, even in case of a withdrawal We may continue to use Your PersonalInformation as permitted or required by law.

-      Right to object – where We are processing Your Personal Informationbased on a legitimate interest (or those of a third party) You may challengethis. However, We may be entitled to continue processing Your information basedon Our legitimate interests or where this is relevant to legal claims. You alsohave the right to object where We are processing Your Personal Information fordirect marketing purposes.

-      Right of erasure – You may have the right to request that We erasePersonal Information about You.

-      Right to restrict processing – in some situations, You may have the right torequest that We do not use the Personal Information You have provided (e.g. ifYou believe it to be inaccurate).

-      Right to data portability – You may have the right to receive certain of YourPersonal Information in a structured, commonly used and machine-readable formatand to transmit such information to another controller.

-      Right of rectification – You may have the right to request that We rectifyinaccurate Personal Information about You.

Pleaseget in touch with Us at help@tuktukscooters.com if You would like to exerciseany of these rights or in case You should have any concerns about how Weprocess Your Personal Information. You are also free to lodge complaint withthe supervisory authority, should You feel that We process Your PersonalInformation in a way that is against applicable law.

9.0 YOUR CHOICES

You can use the Services without providingUs with information.  If You choose not to provide Uswith information, You may not be able to Use certainServices.  We may send periodicpromotional or informational emails to You. You may opt out of certaincommunications by following the opt-out instructions contained in the email. IfYou opt out of receiving emails about recommendations or other information, We maystill send You emails about Your account or any services You have requested orreceived from us. You can also access Your account to update or change certaininformation We maintain about You. 

If You would like to change the types of communicationsYou receive from Us, including opting out of promotional communications fromUs, You may do so at any time by updating the communication preferencesspecified in Your account profile through the App or Website. Please note thatthis may affect Your ability to access certain Services and Features, and Wemay continue to send non-promotional communications such as staffingconfirmations, surveys, and other information about Your use of the Service. IfYou refer others to Us using Our email functionality, please note that they maychoose not to receive any promotional emails from Us in the future by followingthe opt-out instructions in the email invitation.

Youalso have choices to limit some tracking mechanisms that collect informationwhen You use the App or Website. Many web browsers automatically acceptcookies, but You can usually modify Your browser's setting to decline cookiesif You prefer. If You choose to decline cookies, certain features of Our App orWebsite may not function properly or remain accessible to You, including theApp or Website itself. In addition, You may also render some web beaconsunusable by rejecting or removing their associated cookies. Note that if You chooseto remove cookies, You may remove opt-out cookies that affect Your advertisingpreferences. For more detail on Your ability to opt out, see Use of Cookies andOther Tracking Technologies above.

Please note that while You may opt out of online behavioraladvertising and other targeted advertising served by participating companiesthrough App You may still see other types of advertising on the App, it justmay not be as relevant or targeted to Your interests.

10.0 CHILDREN

Our Services are NOT designed for children underthe age of 18. Tuk-Tuk does NOT knowingly collect personal information from children under the ageof 18.  If You are under the age of 18, please do not submit anypersonal information through the Services. If We discover that an individual under 18 hasprovided Us with personal information, We will close the account and delete thepersonal information to the extent required by the Children's Online Privacy Protection Act.

11.0 CALIFORNIA DO-NOT-TRACK DISCLOSURE

Do Not Track(“DNT”) is a privacy preference that users can set in certain web browsers. Weare committed to providing You with meaningful choices about the informationcollected on our Services for third party purposes, and that is why We providethe variety of opt-out mechanisms listed above. However, We do not currentlyrecognize or respond to browser-initiated DNT signals.

12.0 HOW LONG WE KEEP PERSONALINFORMATION

Tuk-Tukkeeps Your Personal Information for no longer than is reasonably necessary orrequired by law. How long We keep it depends very much on the type ofinformation and purpose. Following termination or deactivation of Your account,Tuk-Tuk, its Clients, Affiliates, or its service providers may retaininformation (including Your profile information) and user Content for acommercially reasonable time for backup, archival, and/or audit purposes.

Thecriteria We use to determine the retention period for certain categories ofdata is as follows

-   the length of time that You have an account;

-   how frequently You rent with Us or when You most recentrental occurred;

-   whether there are contractual or legal obligations thatexist that require Us to retain the data for period of time;

-   whether there is any ongoing legal claim that relates toany rental You have made with Us, or that is otherwise related to Yourrelationship with Us;

-   whether any applicable law, statute, or regulation allowsfor a specific retention period;

-  whetherthe Personal Information is considered to be a special category of PersonalInformation, in which case a shorter retention period generally would beapplied; and

-   what the expectation for retention was at the time thedata was provided to Us.

If Youhave any questions about termination or deactivation of Your account, pleasecontact Us at: help@tuktukecooters.com .

13.0 THE STEPS WE TAKE TO KEEPPERSONAL INFORMATION SECURE

We areconcerned about ensuring the security of Your Personal Information. We exercisegreat care in providing secure transmission of Your information from Yourdevice to Our servers. We store Personal Information that We have collected insecure operating environments that are not available to the public. Oursecurity procedures mean that We may occasionally request proof of identitybefore We disclose Your Personal Information to You. We try Our best tosafeguard Your Personal Information once We receive it, but please understandthat no transmission of data over the Internet or any other public network canbe guaranteed to be 100% secure. 

14.0 ASSIGNMENT

We maychange Our ownership or corporate Tuk-Tuk while providing the App. We may alsosell certain assets associated with the App. As a result, please be aware thatin such event We may transfer some or all of Your information to a Tuk-Tukacquiring all or part of Our assets or to another Tuk-Tuk with which We havemerged. Under such circumstances We would, to the extent possible, require theacquiring party to follow the practices described in this Privacy Notice, as itmay be amended from time to time. Nevertheless, We cannot promise that anacquiring Tuk-Tuk or the merged Tuk-Tuk will have the same privacy practices ortreat Your information the same as described in this Privacy Notice.

15.0 EMERGENCY SITUATIONS

We mayalso use or disclose Personal Information if required to do so by law or in thegood-faith belief that such action is necessary to

(a) conform to applicable law or comply with legal processserved on Us or the App or Websites;

(b) protect and defend Our rights or property, theWebsite, App, Services, Features or Our users, and

(c) act under emergency circumstances to protect thepersonal safety of Us, Our affiliates, agents, or the users of the Websites,App, Services, Features or the public. This includes exchanging informationwith other companies and organizations for fraud protection.

16.0 GOVERNING LAW

OurWebsites, Apps, and Features are published in the United States. We attempt toprotect the Personal Information of all users of Our Websites, Apps, Servicesand Features, and We comply with local data protection and consumer rights lawsto the extent they may apply to the Services, 

17.0 ACCESSING AND CORRECTING YOUR INFORMATION

If Youhave an account with Tuk-Tuk, You may review and change Your information bylogging into Your account and editing Your profile. Be advised that We may notbe able to delete Your Personal Information without also deleting Your useraccount. You will not be permitted to examine the Personal Information of anyother person or entity and may be required to provide Us with PersonalInformation to verify Your identity prior to accessing any records containinginformation about You. We may not accommodate a request to change or deletePersonal Information if We believe doing so would violate any law or legalrequirement or result in incorrect information.

18.0 YOUR CALIFORNIA PRIVACY RIGHTS

CaliforniaCivil Code Section 1798.83 permits customers of Tuk-Tuk who are Californiaresidents to request certain information regarding its disclosure of theirPersonal Information to third parties for their direct marketing purposes. Tomake such a request, please send contact us here.   

19.0 OTHER TERMS AND CONDITIONS

     Your access to and use of the Services is subject to the Terms of Service located on Terms of Service Page   

20.0 CONTACT

     To keep Your information accurate, current, and complete, please contact us as specifiedbelow.   We will take reasonablesteps to update or correct information in our possession that You have previously submitted via the Services.

Please also feel free to contact us if You have any questions about Tuk-Tuk’s Policy or the information practices of the Services.

You may contact us by emailing us atsupport@tuktukscooters.com