swapDrive

swapDrive Vehicle Subscription Privacy Notice

Your privacy is important to us. This privacy notice (“Privacy Notice”) describes how swapDrive LLC (“swapDrive” or “we” or “us” or “our”) collects, uses, and shares information we obtain about you when you use the swapDrive website on your phone or other internet-connected device (your “Device”), or use the services available through the swapDrive website (collectively, the “swapDrive Services”).

1. PURPOSE OF OUR POLICY

1. swapDrive LLC (we, us or our) has adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a) Buying and selling motor vehicles; and
(b) The normal day-to-day operations of our business.

1.2 This Privacy Policy follows the laws and regulations set by the United States government for the handling of Personal Information.

1.3 By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

Scope

This Privacy Notice applies to information collected about you by or on behalf of swapDrive as set forth in the below “Information We Collect” section, including through the swapDrive Services or other online services, applications, or programs where this Privacy Notice is posted or linked (“Online Services”). This Privacy Notice does not apply to any of our affiliates, other swapDrive companies, or participating delaerships which are independent third parties.

 

As used in this Privacy Notice, “Personal Information” means information that identifies or can reasonably be linked to a specific individual, such as name, address, e-mail address, phone number, driver’s license number, or credit card number. “Information” is collectively used herein to refer to both Personal Information and information that does not identify and cannot reasonably be linked to a specific individual.

Links, Third-Party Websites, and Social Media Platforms

Our Online Services may contain links to the websites of other swapDrive companies, or other third parties, as well as to social media platforms such as Facebook or Twitter (“Linked Sites”). swapDrive is not responsible and has no liability for the privacy policies or practices of Linked Sites. We recommend that you review the privacy policies of each Linked Site you visit.

Information We Collect

When you use the swapDrive Services or contact or communicate with us, we may collect certain information about you or the vehicle you reserve (“Vehicle”) from a variety of sources, including Personal Information you provide directly to us, and Information we collect about you when you apply to use, and access and use swapDrive Services. We also collect your Personal Information from other third parties. We may combine any of the Information collected about you for the purposes described in this Privacy Notice. The information we collect may include:

  • Contact Information, such as name, address, city, state, country, and ZIP code, email address, and telephone number;
  • Information you provide or that we record in connection with customer support calls, email correspondence and social media communications;
    Driving records and driver’s license information, such as driver’s license number, the driver’s license expiration date, date of birth, gender, and the state and date of issuance;
  • Payment information, such as credit card number, credit card type, expiration date and CVV number;
  • Location Information, if you permit the swapDrive website to access location-sharing services. We may collect the precise location of your Device when the swapDrive website is running in the foreground or background. We may also derive your approximate location from your Internet Protocol (IP) address when you use our Online Services. In addition, as described below, we may collect your location through tracking and other technology when you use our Vehicles;
  • Device information, such as Device type, Device operating system, IP address, unique identifier, type of browser, Internet service provider, and phone number;
  • Information about your use of our Online Services and the swapDrive website, including screen view time, scrolling, specific actions to activate features and/or otherwise navigate the website, reactions to alerts, searches, and your interactions with in-website marketing offers;
  • Information about your use of swapDrive Services, such as information about Vehicle reservation requests, date and time services were provided, amount charged, distance traveled, Vehicle-related information;
  • Information you provide or submit to us when you participate in any event, program, contest, surveys, or other promotion that we may offer from time to time.
  • Aggregate data on your use of our Online Services; see Cookie/Tracking Section below for additional detail.

We retain Personal Information for the length of time needed to carry out the purposes outlined in this Privacy Notice and to adhere to our policies on keeping records (unless a longer period is needed by law). Our records policies reflect applicable laws. We retain Personal Information to the extent necessary to manage our relationships with our customers, personalize and improve your overall customer experience, comply with our legal obligations (for example, if we are required to retain Personal Information to comply with applicable tax laws), resolve disputes, enforce our agreements, and as otherwise described in this Privacy Notice.

Restricting the Collection of Location and Other Information

You can restrict our access to, as well as the collection and sharing of, the location of your Device by disabling location-sharing on your Device, if that feature is available on your Device. You should ensure that you have deleted all Personal Information from the Vehicle’s systems before returning the Vehicle.

Please be aware, some of the swapDrive Services require access to and collection of the location of the Vehicle.

Global Positioning System Data and Other Vehicle Information

swapDrive vehicles may be equipped with vehicle tracking and other technology. We implement Global Positioning Systems (“GPS”), a network of satellites that allows us to determine the location of our vehicles. As permitted by law, this information is transmitted to us and can be stored for extended periods. We use this information for a variety of important purposes. For example, we use GPS data to help you find our vehicles, to provide roadside assistance, to ensure that a vehicle is available at the place and time you have reserved, to ensure that the vehicle is not driven to unauthorized locations and to locate a lost or stolen vehicle. We also maintain in-vehicle and in- equipment technologies to track and monitor performance of our vehicles and to assist us with ensuring that our vehicles are used only in accordance with applicable laws and our rules and policies.

Vehicles may generate information about the Vehicle’s performance and operation which may be remotely monitored by us through technology such as electronic monitoring technology, or another telematics system, and/or an event data recorder (“EDR”). This remote monitoring may include the collection of vehicle data, such as location, speed, braking, odometer, oil life, and fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. These systems may use cellular communications, and you should have no expectation of privacy related to your use of the Vehicle. Disabling, disconnecting or destroying any such technology, device or equipment is strictly prohibited.

Use of Your Information

We use the information we collect to:

  • Evaluate and assess your application to use the swapDrive Services;
  • Provide swapDrive Services, including creating and managing your online swapDrive Login registration, facilitating reservation services, payments, and sending receipts for services you request;
  • Communicate with you, including via electronic mail or SMS, about your account or the swapDrive Services and swapDrive’s products, services and events;
  • Provide you with marketing offers that may interest you, including via electronic mail or SMS;
  • Improve, troubleshoot, and evaluate the use of our products and services (including the swapDrive website);
  • Create De-identified Information such as aggregate statistics relating to the use of the swapDrive Service;
  • Provide Vehicle support and service;
  • Evaluate Vehicle performance and safety;
  • Operate our business including by maintaining and enhancing our products and services and the quality or safety of services or devices which we may own control or provide;
  • Short-term, transient use including non-personalized advertising shown as part of a consumer’s current interaction with us;
  • Protecting the security and integrity of our business and our Online Services while using Personal Information as may be reasonably necessary and proportionate for these purposes;
  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with the state privacy laws and other standards; and
  • Debugging to identify and repair errors in our systems;
  • Comply with legal requirements; and
  • Conduct research and analysis including to develop and demonstrate technology.

Protective and Legal Uses

We may use, share and disclose your Personal Information for legal reasons as we believe necessary or appropriate, including:

  • Under applicable law, including laws outside your state or country of residence;
  • To process, handle or otherwise respond to claims for damages, including claims or demands for bodily injury or property damage;
  • To enforce our policies and rules and the terms and conditions of your subscription;
  • To recover our vehicles, equipment or any monies due, such as through debt collection agencies;
  • To comply with legal process and to respond to requests from public and government authorities;
  • To protect our operations, rights, privacy, safety or property, and/or that of our subsidiaries, you or others; and;
  • To allow us to pursue available remedies or limit the damages that we may sustain

Sharing of Information

We will only share your Payment Information with our service providers to provide swapDrive Services.

 

We may share all other information we collect about you as follows:

  • As required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution, or similar legal process;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a law enforcement request;
  • With our third parties that provide a variety of services on our behalf, including the development, maintenance, and support of our swapDrive Services, Online Services, payment processing, communications, and marketing research, advertising and analysis;
  • With emergency service providers;
  • In connection with the sale, transfer, or financing of a significant part of a swapDrive business or its assets, including any of those activities associated with a bankruptcy proceeding;
  • Within members of our affiliates group of companies, including its participating dealers, for providing the swapDrive Services and for their own marketing purposes;
  • In connection with a Vehicle repossession to facilitate Vehicle recovery; and
    Those you ask us to share this information with.

We may also share non-personally identifiable information and aggregate information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third parties to help them understand the usage patterns for the We may also share non-personally identifiable information and aggregate information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third parties to help them understand the usage patterns for the We may also share non-personally identifiable information and aggregate information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third parties to help them understand the usage patterns for the swapDrive Services or our Online Services.

De-identified Information

“De-Identified Information” herein means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual. We may use De-Identified Information created by us without restriction. After we delete personally identifiable information, we may retain and continue to use De-Identified Information in accordance with applicable law.

Cookies

Cookies are small text files stored by your browser that allow us to learn more information about your visit or use of our Online Services. We may use cookies to remember your Personal Information, including your registration information, and to track your usage of our Online Services over time. Most browsers automatically accept cookies. You have the choice to set your browser to accept or reject cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

Analytics Information

We may use third-party analytics tools, such as Google Analytics, to help us measure traffic and usage trends for our Online Services. These tools collect information sent by your browser or Device, including the pages you visit and other information that assists us in improving our Online Services.

Device and Browsing Information

We collect certain information about your computer or device each time you access our Online Services. We may also collect device information when you visit an independent Dealer or a swapDrive facility. Servers may automatically record certain log file information such as your web request, Internet Protocol (IP) address, MAC address, physical location data, browser type, referring / exit pages and URLs, number of clicks and how you interact with Linked Sites, domain names, landing pages, pages viewed, and other such information. Clear Gifs/Web Beacons: When you use our Online Services, we may employ clear gifs (also known as web beacons) which are used to track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Online Services.

Location Data

When you access our Online Services via a mobile device, we may access, collect, monitor, and/or remotely store information regarding your Device, as well as real-time “location data,” which may include GPS coordinates. Location data may convey to us information about how you browse and use our Online Services. You may opt-out from allowing us to have access to your location data by adjusting the permissions in your Device, though some features of our Online Services may not function properly if use or availability of location data is impaired or disabled.

Information We Receive From Third Parties

We may receive Information about you from third parties. For example, if you access our Online Services through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also receive Information you have provided to swapDrive, our affiliates. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources. To help us understand how our Online Service and the swapDrive website is being used, we may use a third- party tracking service that uses cookies and similar technologies to obtain non-personally identifiable information about you. The non-personally identifiable information obtained may include information related to our Online Services and the swapDrive website’s crashes, and your use of our Online Service and the swapDrive website, including the functionality you use within our Online Service and the swapDrive website, and how frequently and how long you use our Online Services and the swapDrive website.

Social Media Sharing

The swapDrive Services may also include functionality that will allow you to share on social media platforms such as Instagram and Twitter. Depending on your privacy settings on these social media platforms, you understand and agree that when you post content or information, you may be allowing: a) access to that content and information; b) use of that content or information; and c) the ability for others to associate that content or information with you. In addition, these social media platforms may collect information about you in connection with the content you post. All content you post on these social media platforms is subject to their specific terms and conditions and privacy statement. swapDrive is not responsible for that information collection. We recommend that you check the terms and conditions and privacy statement of these social media platforms prior to using this functionality.

Limiting Marketing and Promotional Communications

You may choose to limit the marketing and promotional communications we send you. You can do this by unsubscribing through the link included at the bottom of the email you’ve received and selecting your contact preferences. Even if you choose not to receive promotional e-mails or mailings from swapDrive, we may continue to use your Personal Information in order to contact you for transactional purposes as permitted by law.

How We Protect Your Information

We utilize technical, administrative, and physical safeguards designed to protect the security of Personal Information. As you may be aware, however, there is no completely secure method of transmitting or storing information and data.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain of our Online Services. Google Analytics uses cookies to collect information such as how often you visit our Online Services, what pages you visit within our Online Services, and what other sites you visited prior to coming to our Online Services. We use the information provided by Google Analytics to improve our Online Services. For more information regarding how Google collects, uses, and shares your information please visit https://policies.google.com/technologies/partner-sites.

 

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our Online Services. By using our Online Services, you consent to the processing of data about you by Google as specified herein. To provide users more choice on how their data is collected by Google Analytics, Google developed the Optout Browser Add-on: http://tools.google.com/dlpage/gaoptout?hl=en.

Additional Notice of State-Specific Privacy Information and Rights

This part of our Privacy Notice applies to consumers who reside in the State of California, Colorado, Connecticut, Utah, or Virginia.

Personal Information We Collect about Consumers

We describe the Personal Information we have collected from consumers in the twelve (12) months preceding the effective date of this Privacy Notice in the part of our Privacy Notice titled “Information We Collect.” The information we collect includes the following:

  • Identifiers such as name, address, e-mail address, mobile phone number, date of birth, driver’s license number, driver’s license expiration date, the state and date of issuance, driving record, Internet Protocol address, and MAC address.
  • The following categories of Personal Information described in California Civil Code § 1798.80(e): (1) the Personal Information listed in the preceding bullet point as “identifiers,” (2) vehicle identification numbers (VINs) (when linked to identified persons), vehicle information such as model and year, vehicle registration information, information about your use of swapDrive Services, such as information about Vehicle reservation requests, date and time services were provided, amount charged, distance traveled, odometer readings provided by you, (3) payment information such as payment card number or portion thereof, expiration date and CVV number, bank information, and payment amounts, (4) information you provide or that we record in connection with customer support calls or complaints, (5) demographic information such as birthdate, gender, language preference, and occupation, and (6) the other information thatidentifies, relates to, describes, or is capable of being associated with, a particular individual that we describe in “Information We Collect” above.
  • Characteristics of protected classifications under California or federal law, such as language preference and gender.
  • Commercial information, including information about orders, purchases, or leases of, or interest you have expressed in, any of our products or services, registration information for any swapDrive event or program, or web specials; and information you provide or submit to us when you participate in any event, program, contest, surveys, or other promotion that we may offer from time to time.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, screen view time, scrolling, specific actions to activate features and/or otherwise navigate the website, reactions to alerts, searches, and your interactions with in-website marketing offers, and other information regarding your interaction with our Online Services and advertisements that we display on our Online Services or on third party sites and apps, or swapDrive pages or accounts on any third-party social media platforms such as Facebook or Twitter.
  • Geolocation data relating to your use of our Vehicles, or your computer or Device when you interact with swapDrive Services, or Online Services that post this Privacy Notice.
  • Audio information from calls placed with customer service and accounting centers which may be recorded, and electronic information in the form of Internet or other electronic network activity information as described above.
  • Inferences drawn from (1) the information we collect when you visit our Online Services, use swapDrive Services or our social media apps, tools, widgets and plug-ins, (2) information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our Online Services or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, or behavior.
  • Sensitive Personal Information, such as account login credentials when combined with passwords or answers to security questions driver’s license number or state identification number, payment data, and precise geolocation data.

We collect this Personal Information from sources that include swapDrive vehicle drivers, buyers and lessees, independent dealers, our affiliates, third parties such as Facebook if you access our Online Services through such third parties, and third-party marketing or analytics providers or providers of publicly available information. For more information, please see “Information We Collect”.

For information regarding the purposes for which we collect and use the Personal Information we collect, please see “Use of Your Information”.

Your State Specific Privacy Rights

If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you may have one or more of the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.

Right to Access and Information regarding Personal Information

You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:

  • whether we are processing Personal Information about you;
  • the categories of Personal Information we have collected about you;
  • the categories of sources from which the Personal Information is collected;
  • our business or commercial purpose for collecting, selling, or sharing Personal Information;
  • the categories of third parties with whom we disclose Personal Information;
  • the specific pieces of information we have collected about you;
  • the categories of Personal Information about you, if any, that we have sold or shared and the categories of third parties to whom we have sold or shared the information, by category or categories of Personal Information for each category of third party to whom we sold or shared the Personal Information; and
  • the categories of Personal Information about you that we disclosed for a business purpose and the categories of persons to whom we disclosed the information for a business purpose.

Right to Deletion of Personal Information

You have the right to request that we delete Personal Information that we have collected from you or about you. Please note if you have requested a service that requires the use of your Personal Information, we may not be able to provide that service if you choose to delete your Personal Information.

Right to Correct

You have the right to request that we correct inaccurate Personal Information that we have collected about you.

Right to Opt Out from Targeted Advertising

You may have the right to opt out from targeted advertising.

Right to Non-Discrimination

We may not discriminate against you because of your exercise of any of the foregoing rights, including by:

  • Denying you goods or services;
  • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • Providing you a different level or quality of goods or services; or
    Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to swapDrive by your Personal Information.

Verification

We may require you to provide certain information, including contact information, to verify your identity before acting on your request to exercise your rights or granting you access to your information. We will only use this information to confirm your identity. In some cases we may need to collect additional information from you, and depending on the type of request we may use a third-party identity verification service to verify your identity. If we use a third-party identity verification service, our third-party identification verification service may ask you certain identity verification questions to match the information you provide with information that it has in its database.

Changes to This Privacy Notice

swapDrive reserves the right to modify this Privacy Notice at any time so you should review it frequently for changes. Your continued use of swapDrive Services and/or the provision of your Personal Information after such posting constitute your acceptance of such changes. Please contact us as described in the Contact Us section if you would like information regarding any changes.

Changes to This Privacy Notice

If you have any questions or comments about this Privacy Notice or our privacy practices or any requests with respect to the Personal Information we collect about you, you may contact us.

 

Effective Date: January 1st, 2025

 

Copyright © 2025 swapDrive LLC

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