Mobile App Privacy Policy

Effective: September 24, 2020

 

We take your privacy seriously.  This Openroad Mobile App Privacy Policy (“Privacy Policy” or “Policy”) informs you of important information about how TrueMotion, Inc. ("TrueMotion," "Company,” “we,” “us” or “our”) collect and process information and protect your privacy.  This policy describes:

  • The types of information we may collect or that you may provide when you purchase, download,  install, register with, access, or use the Openroad™ application (the “App”).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This policy applies only to information we collect in this App, in email, text, and other electronic communications sent through or in connection with this App.

 

This Policy DOES NOT apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through this App;
  • You provide to third parties or is collected by any third party. 

 

Our websites and other apps, and other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this Privacy Policy. This Policy may change from time to time (see UPDATES TO THIS PRIVACY POLICY). Your continued use of this App after we revise this Policy means you accept those changes, so please check the Policy periodically for updates.

 

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA) and the California Consumer Privacy Act (CCPA). Our mobile apps are not intended for children under the age of 16 and we do not knowingly collect personal information form children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as provided below in HOW TO CONTACT US.

 

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see YOUR CALIFORNIA PRIVACY RIGHTS for more information.

 

When we use the term, “Personal Data,” we mean information or data that directly or indirectly identifies, describes, relates to or is reasonably capable of being associated with or can reasonably link to a particular individual, consumer or household.

 

We offer a service through the App that aids in detecting vehicle crashes and contacting emergency services. We also enable App users to request roadside assistance via a tool called Blink.  When we use the term “Service(s)” we mean, collectively, the services and information that we provide through the App; and our marketing and business development activities, including any social media properties we create, and emails that we send (“Marketing Activities”); and not any third-party services.

 

When we use the term, “Subscriber(s)” we mean individuals who download, purchase, and/or use the App.

HOW WE COLLECT YOUR PERSONAL DATA

We may collect your Personal Data through different means, when you:  

  • download, register with, or use our App;
  • decide to interact with us and either provide us your information or authorize third parties to provide us your information.

TYPES OF PERSONAL DATA WE COLLECT

We may collect the following types of Personal Data:

 

Types of Information You May Provide to Us:  

  • Name, alias, physical address, email address, telephone numbers, communication preferences, unique personal or online identifier, account name;
  • Information that you authorize third parties to release to us;
  • driver’s license, license plate number, VIN number, automobile insurance provider and insurance information, the cars you drive; Search queries on the App;
  • Persistent or probabilistic identifiers that organizations use to identify a particular consumer;
  • Records of your correspondence with us, including support correspondence; and
  • Emergency contacts names and phone numbers; details of a detected crash scene; photographs of user's car and third-party cars, notes about a detected crash;
  • Audio recordings by means of your mobile device.

 

If you submit any Personal Data to us relating to other people, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy. By submitting Personal Data, you grant TrueMotion the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the App.

 

Types of Information We Collect Through Technology:  When you use our App, the App may gather information as follows:

  • Usage Details. Using sensor data, the App may collect data about your types of motion(stationary, walking, running, driving, cycling), speed, acceleration, and direction. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including location data.
  • Device Information. We may collect information about your mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.  An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allows mobile devices, tablets and servers to recognize and communicate with one another. We collect IP address information so that we can properly manage our system and gather information about how our App is being used. Your IP address may be associated with records containing Personal Data.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

 

Location Information. This App collects real-time information about the location of your device. We collect your location information through your device IP address, WiFi, Bluetooth, and GPS coordinates (e.g., latitude/longitude) available through your mobile device. We may also gather information about your location using other technologies and sensors which may provide us with information about nearby devices, WiFi access points and networks, and nearby cell towers. We collect and maintain location data to provide you the features and functionality of the Services.  If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the app’s access to your location data. Please see YOUR PERSONAL DATA CHOICES  below. Note, however, that opting out of the App’s collection of location information will disable its location-based features, and as a result, you may not be able to use our Services.

 

Driving Event Data. We collect sensory, audio and motion data from your smartphone or mobile device, including information from the gyroscope, accelerometer, compass, and possibly Bluetooth, in order to calculate and detect crashes and other driving events. Your mobile device provider may also generate motion classifications which we may access such as whether the device has classified you as walking, running, cycling, etc. This information is referred to as “Motion and Fitness” data (descriptions may vary according to device and platform). If you want to opt-out of the collection of your sensory and motion, please adjust your settings in your mobile device to limit the app’s access to your sensory and motion data. Please see YOUR PERSONAL DATA CHOICES below.

COOKIES NOTICE

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
  • Segment Analytics.  This App uses Segment analytics. Segment collects screen and click level data that allows us to understand what screens a user visited, how frequently they access the App, how long they spend in the App, and what actions they took in the App. For example, this data allows us to streamline the App and increase the prominence of popular features

 

If you do not want us to collect this information do not download the App or delete it from your device. Or, you may opt out at any time as provided below in YOUR PERSONAL DATA CHOICES.

 

We do not track our customers over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track signals from your browser at this time.  However, some third parties that provide services or content for our App may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific site.  

HOW AND WHY WE USE YOUR INFORMATION

 

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • Specifically, we use your Personal Data and location information to provide our key services which include:
  • Detect crashes,
  • Reach out to see if you need help via automated call,
  • Put you in touch with our call center who can send 911 help,
  • Send 911 help if we detect a crash and don’t hear from you,
  • Allow you to share your location in the event of a crash,
  • Provide quick tips on what to do at the scene of a crash,
  • Enable you to request Roadside Assistance via the Blink embedded roadside tool, and
  • Provide a weekly report of the miles, minutes and near-miss events for which we protected you

 

We may also offer the following services:

  • When a crash is detected, notify your emergency contacts,
  • Provide an interactive guide of what to do and collect at the crash scene, and
  • Provide roadside assistance via our emergency assistance partners

 

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our App according to your individual interests;
  • Recognize you when you use the App;
  • To comply with legal obligations and professional responsibilities;
  • To verify your identity or conduct internal audits or reviews;
  • To detect or prevent security incidents or other illegal activity; debug; verify or maintain quality or safety or improve or upgrade a service or device owned or controlled by us.
  • Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Data, our App or data systems; or to meet legal obligations; and
  • Enforcing our Terms of Service and other agreements

 

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us and please see HOW TO CONTACT US.

 

We may periodically send you relevant alerts and newsletters by text, e-mail or push notifications. To help improve our Marketing Activities, we often receive a confirmation when you open an e-mail or click on a link included in one of these emails, if your computer supports such capabilities. Instructions on how to unsubscribe from these alerts and newsletters are included in each e-mail.

 

We do not monitor or profile visitors to our App or collect, in any automated manner, any special categories of sensitive Personal Data about you.  No automated decision-making, including profiling, is used when processing your Personal Data. We may use your driving behavior to predictively or reactively tune our crash predictions for purposes of providing the Services.  

HOW WE SHARE AND DISCLOSE PERSONAL DATA

 

We may disclose aggregated information that does not identify any individual (and therefore, is not deemed to be Personal Data) without restriction.  We share Personal Data with the following categories of recipients:

 

Third-party Vendors:  Your Personal Data will only be shared with and processed by our affiliates and non-affiliated third-party service providers as permitted by law and for the purposes described in this Privacy Policy. We may disclose Personal Data to certain non-affiliated specialized service providers, including professional advisors, consultants, technical service providers, emergency service providers,  possibly health care providers, and other third parties, who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. We may disclose your Personal Data to third-party service providers to provide us with services such as App hosting, including information technology and telephony services, and related infrastructure, customer service, e-mail delivery, auditing and other similar services. We do not share your information with insurance providers. We may also share driving event information with third-party partners for research and analysis purposes.   But we do not share personally identifiable“sensory and motion data” with third parties.

Corporate Affiliates:  We may share your information with our corporate affiliates that are subject to this policy.

Business Transfers:  When applicable, we may share your information in connection with a substantial corporate transaction, such as the sale of an App, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

With Your Consent or at Your Direction:  We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.

Other Legal Reasons:  In addition, we may use or disclose your Personal Data as we deem necessary or appropriate: (1) under applicable law; (2) to respond to requests from public and government authorities including public and government authorities; (3) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect the rights, privacy, safety or property of TrueMotion, our affiliates, you and others; and (7) to enforce our terms and conditions.

 

TrueMotion keeps Personal Data on file, but does not share, sell, license or transmit this information to third parties or external vendors unless required to do so by legal, judicial or governmental proceedings, or to provide the services requested.

DATA SECURITY

 

We use reasonable organizational, technical and administrative measures to maintain the privacy and security of your Personal Data within our organization.  All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using TLS technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential.  We are not responsible for any outcome if you circumvent any privacy settings or security measures. You are responsible for choosing a password of appropriate strength, not sharing or reusing passwords used on other websites or apps and keeping your password confidential. TrueMotion employees will never ask for your password.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk.

Please note that email is considered a non encrypted (and therefore non-secure) form of communication, and it can be accessed and viewed by others without your knowledge and permission. For that reason, to protect your privacy, please do not use email to communicate information that you consider confidential.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

RETENTION OF PERSONAL DATA

 

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy and in order to provide you the Service(s), and to improve our products and/or services. We will also retain your information to comply with our legal obligations, to conduct audits, resolve disputes, and enforce our agreements.  

FINANCIAL INFORMATION

 

If applicable, TrueMotion may use a third-party payment processor to process any online payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information will be submitted directly to the third-party payment processor.

YOUR PERSONAL DATA CHOICES

 

You have choices in how your Personal Data is used and shared. You have the right to:

  • Update, access, and delete your account information;
  • Choose whether you wish to receive promotional and newsletter communications; and
  • Choose whether you wish to share Personal Data with and use TrueMotion integrations

 

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow your device to collect information through tracking technologies. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or NOT function properly.

• Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location. There are 3 ways you can disable location:

  • During App on-boarding, you can decline location services;
  • At any time, you can go into the Settings App and disable location services globally for all apps; or
  • You can go into the Settings app and disable location services just for the Openroad App. If you block the use of location information, core functionality of the App, including its ability to detect crashes and to identify your location for emergence services,  will not function properly.

• Promotion by the Company. If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out by sending us an email at privacy@gotruemotion.com. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or un-checking the relevant boxes.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website http://optout.networkadvertising.org/?c=1.

 

California residents may have additional personal information rights and choices. Please see YOUR CALIFORNIA PRIVACY RIGHTS for more information.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

 

You may send us an email at privacy@gotruemotion.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Certain Exceptions to Deletion Request Rights:  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Choice and Opt-Out:

  • We provide you the opportunity to “opt-out” of having your Personal Data used for certain purposes and instances. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by contacting us here. We offer an opportunity to opt-out of certain communications on our member profile page, or you may contact us using the information below.
  • You will be notified when we share your Personal Data with any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

 

Exercising Access, Data Portability and Deletion Rights:  To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at privacy@gotruemotion.com.

 

Verification of Your Identity:  Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  You may make a verifiable consumer request for access or data portability twice within a 12-month period. You must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

RESPONSE TIMING AND FORMAT

 

We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

YOUR CALIFORNIA PRIVACY RIGHTS

 

As of January 1, 2020, under the California Consumer Privacy Act (CCPA), California Residents have the right to request the following information from TrueMotion by emailing us at privacy@gotruemotion.com and TrueMotion will provide the following information to you upon verification of your identity:

  • The categories of Personal Data TrueMotion collect about you;
  • The categories of sources from which your Personal Data is collected;
  • The business purpose for collecting your Personal Data;
  • The categories of third parties with whom TrueMotion shares your Personal Data; and
  • The specific pieces of Personal Data TrueMotion have collected about you.

 

You may opt out of any marketing by us and from the disclosure of your Personal Data to third parties.

 

Personal Information Sales Opt-Out And Opt-In Rights:  If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at privacy@gotruemotion.com.

 

Non-Discrimination:  If you elect to exercise any of your rights under CCPA, TrueMotion will not discriminate against you for exercising any of your CCPA rights. Unless otherwise permitted by the CCPA, we will not: deny you goods or services, charge you a different price or rate for our goods or services, or provide you a different level or quality of goods or services because you exercised such rights. Under the current definition of CCPA, TrueMotion does not sell your Personal Data.

In addition, please check the following sections of this Privacy Policy: TYPES OF PERSONAL DATA WE COLLECT, HOW AND WHY WE USE YOUR INFORMATION, and HOW WE SHARE AND DISCLOSE PERSONAL DATA.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA

Your personal information will be treated in a secure and confidential manner in compliance with all applicable laws and regulations, including the European General Data Protection Regulation (“GDPR”).  Depending on the context in which personal information is provided, TrueMotion may be the data processor (“processor”) or data controller (“controller”) of your personal information. In most instances, TrueMotion is a controller of personal information that you submit to us directly through the App. The Data Subject owns the data submitted to the Service.  If the Subscriber requests that TrueMotion remove the personal information, we will respond to the request within 30 days.

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, including the processing of your personal information, if you would like to exercise your data rights under applicable laws, or if you believe your privacy rights have been violated, please contact us as provided in the section HOW TO CONTACT US below.

UPDATES TO THIS PRIVACY POLICY

 

TrueMotion may change its Privacy Policy from time to time, and at TrueMotion's sole discretion. TrueMotion encourages visitors to frequently check this page for any changes to its Privacy Policy.

HOW TO CONTACT US

 

If you have any queries, questions or concerns about this Privacy Policy or our Personal Data handling practices, please contact us at privacy@gotruemotion.com or write to us at TrueMotion, Inc. 99 High Street, Floor 7, Boston, MA 02110, United States.