Introduction. MPH Club Corp. (referred to as “MPH”, “us”, “we” or “Company”) provides Users (as defined below) with access to an online peer to peer vehicle sharing marketplace that connects vehicle owners with persons wanting to rent a vehicle (the “MPH Platform” or the “MPH Club”). The MPH Platform is accessible to Users via the [insert address] website (such website together with other MPH related websites, the “Site”) and the MPH mobile application known as [MPH Club – confirm name] (as further defined below, the “App”), and makes various Content and other Services (each defined below) available to Users. This Privacy Policy (this “Policy”) discloses the privacy practices of MPH, including as related to the MPH Platform, the Site, the App, the Content and other Services from time to time offered by MPH. MPH respects the privacy of its Users, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the MPH Platform, the Site and the App and otherwise use the Services. The Policy is only applicable to the MPH Platform, the Site, the App and our other Services and not to any other website, service or online platform. BY DOWNLOADING, INSTALLING, REGISTERING WITH, ACCESSING OR UTILIZING THE MPH PLATFORM, THE SITE OR THE APP, SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS VIA THE SITE OR THE APP, OR OTHERWISE UTILIZING ANY OF THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS POLICY, PLEASE EXIT AND CEASE ALL USE OF THE MPH PLATFORM, THE SITE, THE APP AND ALL OTHER SERVICES NOW. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS PRIVACY POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES.
Definitions. The following terms shall have the following meanings for purposes of this Privacy Policy. Capitalized terms not defined in this Section are defined elsewhere in this Privacy Policy or in the Terms of Use applicable to the Services.
“Affiliate(s)” means MPH’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers and advertising providers, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the MPH Platform, the Site, the App, the Content and any of our other Services (including Apple and Google).
“App” means the software application currently known as “MPH Club” [Note: Confirm name of App] that may be downloaded, installed or is otherwise accessible on a User’s computer or mobile device via the Site, the Apple App Store, the Google Play Store, or other similar platforms.
“Content,” means any content, material, information, data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Site, App or other Services but excludes User Material.
“Insurance Services” means functionality included within the MPH Platform that facilitates the contracting process directly between vehicle renters and MPH’s preferred insurance providers for purposes of allowing those vehicle renters to easily obtain insurance coverage for their rented vehicles.
“Services” means (i) the MPH Platform, (ii) the Site, (iii) the App, (iv) all Content, (v) the Insurance Services, (vi) any other specific service or offering that may be provided by MPH via the MPH Platform, the Site or the App, (vi) any specific service or offering that may be mutually agreed upon by a User and MPH in a rental agreement or other written agreement, (vii) any support services and related technologies, software and/or APIs that may be provided by MPH in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing, and (viii) any other services or offerings that MPH may provide from time to time via the MPH Platform.
“User” or “you” or “your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the MPH Platform, the Site, the App or any of the other Services. “User” shall include employees or agents of an entity that registers to use any of the Services to the extent such individuals share their personal information with MPH as set forth herein.
“User Material” means the content, material, information (including financial information), data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.
3.Modification of Privacy Policy; Notice of Changes. MPH reserves the right to change this Privacy Policy at any time and for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting the revised Privacy Policy on the Site and/or the App. User acknowledges and agrees that it may be required for User to maintain a valid email address as a registered user and that this is User’s responsibility. It is also User’s responsibility to review the Site and/or the App and this Privacy Policy periodically and to be aware of any modifications. User’s continued use of the Services after such modifications will constitute User’s (i) acknowledgment of the modified Privacy Policy; and (ii) agreement to abide and be bound by the modified Privacy Policy.
4. Types of Information Collected. In order to better provide Users with MPH’s numerous Services, MPH collects two types of information about Users: Personally Identifiable Information and Non-Personally Identifiable Information (collectively referred to as “User Information”). MPH’s primary goals in collecting information from User are to provide User with a smooth, efficient, and customized experience while using MPH’s Site and/or the App, to provide the Services and to collect information related to the Services.
4.1 Personally Identifiable Information. Personally Identifiable Information refers to information that lets MPH know the specifics of who Users are. When User engages in certain activities on the Site or the App, such as contacting MPH via the provided forms or sending MPH an email, MPH may ask User to provide certain information about User by filling out and submitting an online form. If User elects to engage in these activities, however, MPH may ask that User provide personal information, such as first and last name, email address and telephone number. Depending upon the activity, some of the information MPH asks User to provide is identified as mandatory and some as voluntary. If User does not provide the mandatory information with respect to a particular activity (for example, purchasing a particular paid Service), User will not be able to engage in that activity. Users may be required to provide additional personally identifiable information to become a User and to use certain Services, such as driver’s license number, driver’s/motor vehicle record, vehicle related information, insurance information and other similar information. We will collect certain Personally Identifiable Information as required to process User payments in accordance with our Terms of Use. Our Terms of Use may also describe other Personally Identifiable Information that may be required from Users.
4.2 Non-Personally Identifiable Information. Non-Personally Identifiable Information refers to information that does not by itself identify a specific User. MPH gathers certain Non-Personally Identifiable Information about Users based upon their access to and use of the App and/or the Site, including, but not limited to: traffic data, location data, logs, communication data, the resources that a User accesses and uses on or through the App and/or the Site, the website’s Uniform Resource Locator (“URL”) from which User just came, to which URL User next goes, what browser User is using, and User’s Internet Protocol (“IP”) address. It can also include information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, and mobile network information. This information can be compiled and analyzed on both a per-user and an aggregated basis. We may also collect other Non-Personally Identifiable Information. In certain cases we may combine Non-Personally Identifiable Information with Personally Identifiable Information in which case all resulting or connected data will be considered Personally Identifiable Information.
4.3 Information from Third Party Sites. We may collect, store and use certain User Information from third party sites and services that are accessible via or integrated with the Site or the App or are contemplated by use of the Services (e.g. Google accounts, etc.), including information that may be transmitted by such third party sites in connection with use of the Services. We may also receive access, store and/or use User Information that is collected by third party service providers and our other vendors related to your use of the Services (e.g. Google Analytics, Jumio, Comply Advantage, CheckR, Tecs Payment, Mixpanel, etc.). This information may be Personally Identifiable Information or Non-Personally Identifiable Information. [Note: Anything else specifically to list?]
5. Collection of User Information
5.1 Disclosure of Personally Identifiable Information. MPH generally does not collect any Personally Identifiable Information about a User unless that User voluntarily provides it to MPH, authorizes MPH to collect such information (e.g. as set forth in our Terms of Use) or it is related to use of a Service in connection with an integrated third party site or account. User provides certain Personally Identifiable Information to MPH when User (i) downloads and installs the App; (ii) provides information in the App or allows the App to access certain device permissions or settings; (iii) submits web forms or provides/imports information through the Site or the App, including information provided at the time of registering to use the Site or the App, information relating to a vehicle being made available for rent through the MPH Platform and information relating to a renter’s particular trip; (iv) transmits other information by telephone or email, including MPH’s “contact us” web form; (v) connects third party accounts or facilitates access by the Site or the App to such third party sites; (vi) subscribes to certain paid Services, or (vii) provides it via other methods MPH may request or allow from time to time. MPH may also collect information from a User at other locations on the Site or the App that state that such information is being collected. In certain cases, we may collect Personally Identifiable Information related to your use of the Services automatically after you have subscribed to or purchased a particular paid Service (e.g. we may identify Users after purchase of a particular paid Service to ensure that payment has been made and User is using the Service in accordance with its terms). [Note: Any other collection methods we should list here in light of your intended use of the App/Site?]
5.2 Automatic Collection of User Information. In addition, MPH may also automatically collect, including through third party service providers (e.g. Google Analytics, Jumio, Comply Advantage, CheckR, Tecs Payment, Mixpanel), certain User Information, including Personally Identifiable Information. Such User Information may be collected when you use the Services and may not require you to provide or input specific information. MPH may use User Information to diagnose problems with the Services and to improve and market the Services and as otherwise set forth in this Privacy Policy. We may request and collect certain User Information when you register on the MPH Platform or use the Services – for example, we may request and receive information about your driving record, vehicle information and other similar information as described in our Terms of Use in addition to such information described in this Privacy Policy (including Section 5.3 below). Such information may be provided from third parties based on the authorization you provide us in our Terms of Use.
5.3 Collection of Services and Platform Related User Information. MPH may collect Personally and Non-Personally Identifiable Information about Users related to their use of the Services, including the rental and provision of vehicles and information about a User and their vehicles. Such information may include, but is not limited to:
Renter/Driver Information – We may collect background information in compliance with applicable law in connection with your initial application to join the MPH Club and thereafter on an ongoing basis. MPH may collect certain background information regarding your driver’s record, insurance claims, credit profile and other information to make sure you meet our requirements.
Vehicle Information – If you are an Owner that provides a vehicle on the MPH Platform, we may collect information related to you and your vehicle, including, inspection records, vehicle identification information (like a license plate number, VIN), vehicle history reports and other information.
Additional Renter/Owner Background Information – We may require you to provide certain information related to yourself, including a photograph, demographic information, your driver’s license, passport, or credit/debit card, last four digits of your Social Security number, social media account information, driver’s/motor vehicle record, insurance information, and other forms of identification.
Data From In-Vehicle Hardware – We may collect User Information from in-vehicle devices, hardware or similar technologies embedded in certain rented vehicles (whether installed by the vehicle owner, MPH, or other third parties), which information may include GPS location, car battery voltage, fuel level, odometer reading, speed of travel, malfunction indicator lamp (e.g., a check engine light), door state (e.g., locked/unlocked), engine state (e.g., stopped/running), VIN and other information regarding vehicle usage. [Note: Are you doing this or is it contemplated?]
Location and Use Information – The location of vehicle may be tracked by GPS or other technologies. We may collect information related to use of the vehicle including where you go.
Profile Information – We may ask you to provide profile including a picture, street addresses, phone numbers, and other information that we may require. Certain parts of your profile may be publicly visible to others. [Note: Will you have publicly accessible user profiles or just vehicle information?]
Other Information – To the extent permitted by applicable law, we may receive additional information about you, such as or data from credit bureaus, fraud detection information, demographic data and other information from third parties. We may combine such information with other User Information we have about you.
5.4 Other Potential Methods for Collecting User Information. MPH, and/or its Affiliates or its service and technology providers may use various methods to collect Personally and Non-Personally Identifiable Information about Users. These methods may include, but are not limited to (i) cookies – a small text file containing a string of alphanumeric characters placed on User’s computer or mobile device that identifies User’s web browser; (ii) analytics and user tracking technologies that may allow us to monitor what actions Users take on the Site or the App; (iii) log Files – information, which is automatically reported by User’s web browser each time User views a web page, possibly including, but not limited to, User’s IP address, browser type and language, number of clicks, domain names of websites visited, pages viewed, and the order of those pages, the amount of time spent on particular pages, the date and time; (iv) clear gifs – web beacons, which are pieces of data used to track the online usage patterns of Users anonymously, and which may also be used in HTML-based emails sent to Users to track which emails are opened by recipients; (v) other social media or third party site connects or authorizations to share information; (vi) other available technologies that may be integrated into the Site or the App; and (vii) requests for data or information collected through the Services.
5.5 Authorization. Without limiting anything in this Privacy Policy or the Terms of Use, you hereby authorize MPH to obtain any User Information set forth in or contemplated by this Privacy Policy or the Terms of Use, and you authorize all applicable entities (including DMVs, insurance companies, inspection companies, and auto mechanics) to release such information to us.
5.6 App Information. We may collect certain User Information when you use our App. Such Information may include: [Note: What will you collect from the App? Below are some possibilities but will change based on that you are actually accessing or contemplate accessing in the near future.]
Device Information We collect information from and about the devices you use. For example, we collect:
information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone;
information from device sensors, such as accelerometers, gyroscopes, compasses, microphones, and whether you have headphones connected; and
information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength.
Device Phonebook If the Services allow you to send messages, we may collect information from your device’s phonebook and contact information. In addition, we may access your contacts in your phone.
Camera and Photos Some of our Services may require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to send upload photos from your camera roll unless we can access your camera or photos. [Note: Might this ever be applicable?]
Location Information When you use the Services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. In addition to location information collected via your mobile device, please note that certain vehicles may have embedded in-vehicle devices, hardware or similar technologies (whether installed by the vehicle owner, MPH, or other third parties), and those devices and hardware may also collect and share with MPH (or the vehicle owner or other third party) location-based information as well as other information regarding vehicle usage.
6. Use of User Information. MPH will use User Information to:
Provide and operate the Services;
Verify your identity or authenticate information provided by you, including related to your account;
Verify your identity or authenticate information provided by you, including related to your account;
Evaluate your driving record and vehicle;
Conduct checks against databases and information sources (including public government databases and private information sources);
Perform credit checks, compare information for accuracy, and verify it with third parties;
Monitor your use of the Services, including to (i) record vehicle movements and driver behavior, including in case of an accident or theft, and (ii) understand your driving and use habits and potentially provide you with related benefits;
Deliver information to Users and to contact Users regarding administrative notices;
Respond to Your requests, inquiries, comments and concerns;
Evaluate and improve the Services, and our other products and services and to develop new products, services, features and benefits;
Provide technical, product and other support for the Services;
Provide You with special offers and other information about the Services as well as other products, events and services of ours, our Affiliates, and non-affiliated third parties [Note: Applicable?];
Identify usage trends and for data analysis, including for purposes of research, audit and reporting;
Process and credit payment transactions;
Comply with our legal obligations, resolve disputes, and enforce our agreements;
Help ensure that our Users have a secure, safe and trusted experience when using the MPH Platform;
Further our business and commercial purposes as described below;
Enable you to communicate with other Users, including by sending them messages or other information during the rental process; and
As otherwise reasonably required by MPH.
[Note: Any other specific purposes for which you will use information – we should disclose.];
