Privacy Policy - Lama Mobility

LAMA MOBILITY PRIVACY POLICY

Last Updated: November 5, 2020

Lama Mobility, LLC (“Lama Mobility”) is dedicated to keeping you (“User”) informed about the types of information we collect, with whom and why it is shared and what we do to protect it. This Privacy Policy describes the type of information we collect through your use of Lama Scooters, the Lama Mobility Application (“Lama App”) and all related technology and services used in conjunction with a Lama Scooter or the Lama App (collectively referred to as “Lama Services”). Lama Mobility reserves the right to change its Privacy Policy as needed, which changes will be made available through the Lama Services.

TYPES OF INFORMATION WE COLLECT

PERSONAL INFORMATION. “Personal Information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about ride activity, which includes data such as geographic area (including location), and preferences, when any of this information is linked to a particular individual. For purposes of this policy, Lama Mobility collects Personal Information which is, among other things, reasonably necessary to operate our Services and improve the User experience. Lama Mobility does not collect Personal Information related to race, gender, national origin or sexual determination except for survey data you provide to us on a voluntary basis or data we collect as required by applicable law. In the event of such survey, User is under no requirement to provide any of the requested information.

USER PROVIDED INFORMATION. When you register and set up an account, use the Services, or contact us by e-mail or other means for any reason, you may provide Personal Information to Lama Mobility. For example, to set up an account, you may provide your email address or phone number, date of birth, and driver’s license information. You may provide additional forms of identification information such as state or country issued IDs, including passport information, for the purposes of verifying your identity. In some cases, a third-party company engaged by Lama Mobility will conduct the verification of your identity. You may provide additional Personal Information to demonstrate eligibility for certain programs or discounts. Personal Information may also be collected if you provide such information in connection with creating a profile or group (such as in social media), leaving comments, posting content, sending an email or message to another user or participating in any features of the Services. In addition, from time to time we may collect other personal information you provide in connection with your participation in promotional offers and other activities on the Services. If you use the Services with your mobile device, we may have access to your phone number or other device information that uniquely identifies individual smartphones or mobile devices.

AGGREGATED DATA. Aggregated data is information collected that is subsequently combined and used in an aggregated, non-personally identifiable form. We may use aggregated, de-identified data for any purpose, including without limitation, analysis of usage of the Services, consumer interests and behavior, marketing research and strategy, and in the development of new and improved products and services. We may also share aggregated, de-identified data with third parties, including our service providers, educational research institutions, and local or federal government transportation authorities when required or necessary, at our sole discretion.

DEVICE INFORMATION. When you use the Services, some information is also automatically collected, such as your device’s Internet Protocol (IP) address, operating system, and browser type. From mobile devices we may collect type/model of the mobile device, device identifiers, and the mobile device’s service provider and operating system.

INFORMATION FROM OTHER SOURCES. We also obtain information from other sources, such as payment service providers who provide us with payment or balance information, identity verification providers, analytics service providers, and security service providers, who provide us with information to secure our systems, prevent fraud and help us protect the security of the Services. For example, if you purchase services or products from the Services, we will collect the billing and financial information necessary to process your charges, which may include your postal and email addresses. We may also receive the billing and payment information that you provide when your purchase is processed by another party.

LOCATION INFORMATION. Lama Mobility may offer features designed to help you use the Services, such as to locate vehicles available through the network, including, in whole or in part, based on your location. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the App. If you choose to enable location-based services, we may collect your location based on information provided by you or your mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to location-based services, you may not have access to the features necessary to use the Services. Lama Mobility may also collect different types of information about your location, including general information (e.g., IP address, ZIP code).

The Services use Apple Map functionality, and by using Apple Maps, you agree to be bound by Apple’s terms of use and Apple’s Privacy Policy.

“COOKIES” INFORMATION. We may automatically collect certain information through the use of “cookies”. Cookies are small data files that are stored on a User’s hard drive at the request of a Web site to enable such Web site to recognize Users who have previously visited them and retain certain information such as customer preferences and history. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. Most browsers can be configured not to accept cookies; however, this may prevent you from having access to some functions or services on our Services.

THE WAY LAMA MOBILITY USES INFORMATION

In general, we use the information we collect to provide the Services, process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Services, to improve the User experience in utilizing the Services, and for the purpose for which the information was provided. For example, we may, among other purposes, use the information we collect:

To send you a welcoming email and to contact you about your use of the Services, to provide you with information about Lama Mobility and our Services, to provide other services, products or information you request and to complete any transactions in connection therewith;
To respond to your emails, submissions, comments, requests or complaints;
To enable us to develop, customize and improve the Services and marketing;
To personalize the Services and communications to you based on your preferences;
To provide you with information about other events, promotions, products or services we think will be of interest to you;
To match personal data collected here with data about you that we collect through other sources;
For the specific purpose for which the information was provided;
To conduct an aggregate analysis of the performance of the Services;
For security of the Services;
For legal compliance;
To protect Lama Mobility and others; and
To enforce our Terms or this Policy

WITH WHOM AND WHY INFORMATION IS SHARED

SERVICE PROVIDERS: We may share certain information with companies that provide services to us, including outside contractors or agents who help us manage our information activities (for example, for payment processing, identity verification, insurance, services to search driving records, data storage, customer service, email delivery, and to assist us in our marketing efforts). We limit the Personal Information that is provided to these service providers to that which is reasonably necessary to provide us with a specific business service and not for any other purpose.

AFFILIATED COMPANIES: If you utilize a component of the Services provided in whole or part by an affiliated company, we may share information with that affiliated company. We will share information with affiliated company to deliver the Service to you, to ensure a consistent level of service across the Services, to enhance the Services, to improve your customer experience with services, and for the other purposes outlined in this Policy.

STATE OR NATIONAL REGULATORY AGENCIES: Lama Mobility and affiliated companies, may share certain information with local, state or national regulatory agencies, including but not limited to transportation agencies, when required by law or by such agency in order to operate in a specific jurisdiction.

LEGAL COMPLIANCE, SECURITY PROTECTION OF LAMA MOBILITY AND OTHERS: We may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to ensure the security or safety of the Services, to protect the rights or property of our Users, our employees or the public, including without limitation to protect Lama Mobility or our Users from fraudulent, abusive, defamatory, inappropriate or unlawful use of the Services.

BUSINESS TRANSFER: We may disclose information in connection with a corporate transaction involving Lama Mobility or affiliated company’s assets, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all assets and any due diligence related to any such corporate transaction.

HOW WE PROTECT INFORMATION

Lama Mobility uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to Lama Mobility, and you do so at your own risk and this is not a guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of Lama Mobility’s physical, technical, or managerial safeguards. Where we have given you (or where you have chosen) a password which enables you to access an account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We are not responsible for any account activity that results from unauthorized or compromised password access.

EMAIL COMMUNICATIONS

You may “opt out” of receiving promotional and marketing materials by emailing us. However, this shall not affect our ability to send you service and account related emails and to use your Personal Information as otherwise described in this Privacy Policy.

Please be aware that if you “opt out” of receiving commercial emails from us, it may take up to ten business days for us to process your “opt out” and you may receive emails from us during that period.

CALIFORNIA RESIDENTS

CCPA RIGHTS: If You are a California resident, the CCPA allows You to make certain requests about Your personal information (as defined in the California Consumer Privacy Act (“CCPA”). Specifically, the CCPA allows You to request that we:

provide you with the categories of personal information we collect, disclose or sell about you, the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we share personal information. Such information is also set forth in this Policy;
provide access to certain information we hold about you (provided it does not present a security risk to You or Lama Mobility);
delete certain information we have about you;
provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides You with the right to not be discriminated against (as provided for in applicable law) for exercising Your rights.

Please note that certain information may be exempt from such requests under California law. For example, we may retain certain information for legal compliance and to secure our Services. We may need certain information in order to provide the Services to you; if you ask us to delete it, you may no longer be able to use the Services.

If you would like further information regarding your legal rights under applicable law or would like to exercise any of them please email us at [email protected].

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

California law also requires we provide additional information about our information practices to you. Please see “Additional Information for California Residents” below.

Additional Information for California Residents
If you are a California resident, California law requires us to provide You with some additional information regarding how we collect, use, and share your personal information (as defined in the CCPA). Throughout this Policy, we discuss in detail the specific pieces of information we collect from you or your device and discuss how we use and share such information.

We may collect information directly from you, other users who provide information about you, social media networks, third-party suppliers and researchers, data brokers, cookies and tracking technologies, and service providers, including payment processors, survey partners, and analytics providers.

Please note, we may use all the categories of personal information set forth below for operation (including technical functionality) of the Services, internal research, security and fraud detection purposes, and legal compliance, or for any purpose with Your consent.

We may share all the categories of personal information set forth below with our service providers, as required by applicable law, including with government entities, in connection with a business transfer, and with your consent.

Below are the Categories of Information We Collect Along with How It is Used

Personal Information
Such as email address or phone number or other identifying information you chose to provide

Manage your account and our internal operations;
Provide, improve and personalize the Services;
Communicate with you

Identifiers for Verification
Such as driver’s license, passport, or other government identification and date of birth

Manage your account and our internal operations;
Provide the Services

Commercial information
Such as transaction data

Manage your account and our internal operations;
Provide, improve and personalize the Services;
Communicate with you

Business Contact Information and Related Information
Such as name, title, email address, phone number and area of expertise

Communicate with you

Financial data
Such as credit card number that is used by our payment processor

Manage your account and our internal operations,
Provide and improve the Services;

Research, survey, or sweepstakes information
Such as information you provide if you participate in a survey or sweepstakes and to facilitate the award of a prize

Communicate with you
Provide the Services

Internet or other network or device activity
Such as Services usage

Provide and improve and personalize the Services;
Ensure Services functionality/reliability;
Communicate with you about your activity;
Make inferences about your preferences

Device information and identifiers
Such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device identifiers

Provide and improve and personalize the Services;
Ensure Services functionality/reliability;
Communicate with you about your activity

General location and precise geolocation (with your consent) data

Provide and improve and personalize the Services;
Ensure Services functionality/reliability;
Communicate with you
Make inferences about your preferences

User-generated content
that you submit through the Services

Provide and improve and personalize the Services;
Communicate with you
Make inferences about your preferences

Audio or visual information
Such as if you submit a photograph

Provide and improve and personalize the Services;

The CCPA sets forth certain obligations for businesses that “sell” personal information. Although we do not believe we engage in the sale of personal information (and have not in the past twelve months) as we currently understand such term to be defined under applicable law and relevant regulatory guidance, we do share information as described in this Policy, including with certain analytics and advertising partners who perform certain services like analyzing our Services and showing you ads for Lama Mobility. You can choose to limit the information shared with our analytics and advertising partners by selecting the “Cookie Settings” link at the bottom of our websites or following the steps described in the “Cookies’ Information” section of this Policy.

NEVADA RESIDENTS

Under Nevada law, certain Nevada consumers may opt out of the “sale” of “covered information” as such terms are defined under Nevada law. We do not engage in such activity. If you reside in Nevada, you may submit a request regarding the sale of covered information to our designated address: [email protected].

INTERNATIONAL RESIDENTS

Residents of the European Union, the United Kingdom, and some other jurisdictions outside the United States have certain legal rights with respect to the personal data we hold about them. Such residents may request that we:

provide access to personal data we hold about them (including, in some cases, in portable form),
to rectify such data
to delete certain personal data
to object to our uses or disclosures of personal data or exercise legal rights to withdraw consent.

Please note that some information may be exempt from such requests in certain circumstances, such as if we need to keep processing your information to perform our contractual obligations or for legal compliance.

In addition to the rights above, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

ADDITIONAL INFORMATION FOR EUROPEAN RESIDENTS: The legal bases for using your information as set out in this Privacy Policy are as follows:

As necessary to perform our obligations under our contract with you, such as to comply with the terms between us;
On the basis of implied or express consent, such as to send you certain information, including certain marketing communications; and/or
For our legitimate interests (for example, to ensure the security of our Services, operate our business, respond to your questions, engage in certain marketing, make and receive payments, prevent fraud, conduct analysis, improve our platform or services, comply with legal obligations, enforce our legal terms, engage in a business change (e.g., sale, merger)) to know the customer to whom we are providing access to the Services, and to create anonymized data.

Our Services are hosted in the United States and generally are intended for United States visitors. If you visit from the European Union, the United Kingdom, or other regions with laws governing data collection and use that may differ from United States law, please be aware that you are transferring personal information to the United States. The United States does not have the same data protection laws as the European Union, the United Kingdom, and other jurisdictions. By providing Personal Information to us, you consent to the transfer of it to the United States and the use of it in accordance with this Policy and applicable law.

LINKS TO OTHER WEBSITES

If you choose to visit or use any third-party products or services, please be aware that this Policy will not apply to your activities or any information you disclose while using third party products or services or otherwise interacting with third parties. We are not responsible for the privacy practices of these Third-Party Sites and third-party services. We encourage you to carefully review the privacy policies applicable to any web site or service you visit other than the Services before providing any personal information on them.

OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. For that reason, our Services are not directed to persons under 18 years-of-age in the US or 16 in Europe and Lama Mobility does not knowingly collect or maintain Personal Information from such persons. If Lama Mobility learns it has collected Personal Information of such persons without verifiable parental consent, then Lama Mobility will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under the age above has obtained a Lama Mobility account, then you may alert Lama Mobility at [email protected] and request that Lama Mobility delete that child’s personal information from its systems.

CHANGES & UPDATES TO THIS PRIVACY POLICY

This Policy may be revised periodically, and this will be reflected by a “Last Updated” date above. We encourage you to periodically review this Policy to stay informed about how we collect, use and disclose personal information. If we update this statement, the new statement will be posted to the website ten (10) days prior to the changes taking effect.

CONTACT INFORMATION

Please contact Lama Mobility with any questions or comments about this Policy, your personal information, our Third-Party disclosure practices or your consent choices by email [email protected].