Privacy Policy

Updated May 22, 2019

FreshCar ("we" or "FreshCar") is committed to protecting your privacy and informing you about how your information is used. In order to provide you, our subscribers, with our services, we need to collect certain information about you and the vehicles you use. We will not use or share your personal information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use. If you have any questions or concerns regarding our privacy policy, please contact us in one of the ways provided below.

What is Personal Information?

Personal information means information that identifies you as an individual, or that we can combine with readily available information to identify you as an individual.

Personal Information We Collect and How We Use it

The principle purposes for which we collect and store your personal and financial information are to process your application, allow you to reserve and use our vehicles, authorize payment, bill you, respond to your inquiries, improve our products and services and maintain your account with us.

When you visit the FreshCar websites, our servers might automatically log certain information about your use of our websites, such as your IP address, your browser type, operating system, browser language and service provider. We also collect information about your activities on our websites, such as the pages you visit or the ads or links you click on. The first time you visit a FreshCar website, FreshCar assigns you a unique number, which is stored in one or more cookies on your computer's hard drive. These cookies help us distinguish new visitors from returning visitors and enable us to measure the effectiveness of content on the website and refine and tailor that content to suit our visitors' interests. If you have joined FreshCar or provided other personal information about yourself (for example, if you send us an email), your cookie ID can be associated with you personally. To learn more about cookies and how FreshCar customizes the content and offers for you, please see "Advertising and Personalized Content" below.

FreshCar collects information that you voluntarily submit to us, such as your name, email address, postal address or telephone number, if you include that information in an email, or text message sent to us or that you tell us over the telephone, in an instant message or by other means. Your telephone calls and email correspondence with us may be recorded or monitored for quality control, training and similar purposes. By using these communication methods you are consenting to the recording or monitoring of your calls and emails with FreshCar.

If you apply to join FreshCar, we collect personal and financial information as you proceed through the stages of our online application, subscription agreement and reservation process. In addition to your name and contact information, we will also collect your driver's license number and the jurisdiction in which you are registered and credit card or other payment information. We may also collect information such as your driving record and criminal background record from regulatory bodies where you live, and from third parties. This information is used to process your application and, if you are approved, for the purposes described below.

If you join FreshCar and use our services, we collect information about your reservations (dates, times, locations, etc.) and your use of the FreshCar service (return time, mileage, accidents, etc.). We use this information to bill you, respond to your inquiries, provide and improve our products and services and maintain your account with us, to personalize your FreshCar experience (i.e., by understanding your preferences), and to provide content and offers that we think may be of interest to you. To learn more about how FreshCar customizes the content and offers you receive, please see "Advertising and Personalized Content" below. From time to time we will send newsletter emails. To unsubscribe from our newsletters please use the opt out option in the email.

FreshCar vehicles may be equipped with a telematics device with Global Positioning System (GPS) vehicle tracking technology. The telematics device allows us to determine the location (latitude and longitude) of FreshCar vehicles and other related data. This information is transmitted to FreshCar and may be stored (including while it is hired to you). FreshCar uses this information for a variety of important purposes. For example, we use GPS data to help you find a car you have reserved, to provide roadside assistance when you need it, to ensure that a car is available at the place and time you have reserved, to alert us when a FreshCar vehicle is likely to be returned late and to locate lost or stolen FreshCar vehicles. We do not actively track or monitor vehicle location.

Children's Privacy

We do not knowingly solicit or collect individually identifying information from children under the age of 13.

Where We Hold Personal Information

FreshCar maintains servers within the United States of America.

To What Third Parties Might We Transfer Personal Information?

Except as described in this privacy policy, FreshCar will not share your personal information with third parties unless it is necessary to provide the FreshCar service, fulfill a transaction you have requested, or in other circumstances with your consent. We do however disclose your personal information to affiliates, contractors, advisors, consultants and service providers acting on our behalf or under our instructions, including for purposes relating to the operation, maintenance, administration, improvement, and oversight of our services, websites and advertising services, or to fulfill your requests for information or service. If you apply for FreshCar subscription, some of the information you supply must necessarily be shared with regulatory bodies where you live and/or service providers we utilize to obtain your driving record from such regulatory bodies. We do not share your personal information with such regulatory bodies or service providers beyond what is necessary to approve your application. In addition, if you are associated or affiliated with another, primary account, the primary account holder or administrator of that account may have access to limited information regarding your use of our services.

We may disclose your personal information in connection with a corporate transaction, proceeding, or reorganization involving the business activities for which the information is maintained. In the event that ownership of FreshCar or its business was to change as a result of a merger, acquisition or transfer to another company, your personal information may be transferred. If such a transfer results in a material change in the way your personal information is used, we will provide notice about the choices you have to decline to permit such a transfer.

FreshCar may disclose your personal information, including location/GPS data, in response to legal process (for example, a court order, search warrant or subpoena) or requests from law enforcement authorities; in other circumstances in which FreshCar believes the website, the FreshCar service or our vehicles are being or has been used in violation of the applicable law or otherwise in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary to protect the rights or property of FreshCar or third parties.

Advertising and Personal Content

FreshCar may use personal information to present offers to you on our behalf and on behalf of business partners, but we do not share information that personally identifies you with those parties. If you do not want us to send you promotional emails, you will be able to unsubscribe from the same.

FreshCar may also use third party ad network providers and other service providers to help present customized content and offers on our websites. These providers use cookies, web beacons, or similar technologies on your computer to help present, better target, and measure the effectiveness of their content and advertisements, using data gathered over time and across their networks of web pages to determine or predict the characteristics and preferences of their audience. We may share certain non-personal information about you (such as age and zip code) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. The use of cookies, web beacons, or similar technologies by content and ad network providers is subject to their own privacy policies, not ours.

Cookies are text files that are placed in your computer's browser, and that can be used to help recognize you on the FreshCar websites. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session cookies to maintain session state and user identity. A persistent cookie remains on your hard drive for an extended period of time. We use persistent cookies to help remember user preferences. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

You can control browser cookies through your browser's settings. You can control Flash cookies via the Macromedia Flash application on your computer, or by going to the Macromedia Flash Player website, which allows you to view, modify, and delete Flash cookies. You may delete cookies or set your browser to alert you when cookies are being sent. If you reject all browser or flash cookies, however, some areas of our sites may not function.

The following third party advertiser/service provider may use cookies, web beacons, or similar technologies in connection with offers, content, and services offered through the FreshCar website, including to help operate ad networks:

DoubleClick

Facebook

Google

FreshCar may use additional service providers not listed above. Please visit the Network Advertising Initiative and Digital Advertising Alliance websites for additional information about such providers and the options they may offer.

The use of cookies by our partners, affiliates, tracking utility company, and service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, and service providers use session ID cookies to make it easier for you to navigate our site.

Our website may include social media features, such as the Facebook Like button and widgets, such as the Share This button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it.

Our site includes links to other websites whose privacy practices may differ from those of FreshCar. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

How May I Review and Correct my Personal Information?

FreshCar is committed to providing you with reasonable and practical access to your information to allow you the opportunity to identify inaccuracies. If you are a subscriber of FreshCar, you can review and correct personal information by clicking on the menu button and navigating through various screens in the FreshCar mobile app. If you would like to access, delete and/or correct other personal information held by FreshCar, please contact us in one of the ways provided below and we will respond to your request within 30 days. When commercially practicable, if FreshCar is informed of the inaccuracy we will make the appropriate corrections.

We will retain your information for as long as your account is active or as needed to provide you services.

Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may also retain and use your information in order to make promotional offers to you as described under "advertising and personalized content" above, unless you have opted out of receiving such communications.

What Security Measures Do You Use?

FreshCar has established safeguards, such as encryption, to help prevent unauthorized access to or misuse of your personal information, but cannot guarantee that your personal information will never be disclosed in a manner inconsistent with this privacy policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of FreshCar and its affiliated providers). We use a password to help verify your identity before granting access or making corrections to any of your personal information. It is your responsibility to safeguard your password, which you should never disclose to a third party. If you contact us by phone, we will ask you to verify certain information related to your account before providing any access to personal information.

How Might This Privacy Policy Change?

We may change this privacy policy from time to time, so it is advisable to review it frequently. Changes to this privacy policy will be announced on our website or through similar means and all amended terms shall automatically be automatically effective no less than seven (7) days after announcement.

Contact Information

If you have questions about our handling of personal information, you may write to us at support@freshcar.com or at the addresses below.

Privacy Shield

Our operations are located primarily in the United States. If You provide information to us, the information will be transferred out of the European Union ("EU") to the United States. We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce (the "Privacy Shield") regarding the collection, use and retention of personal information transferred from the EU to the United States ("EU Personal Data"). We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.

The Privacy Shield Principles set forth Our accountability for EU Personal Data that We receive under the Privacy Shield and subsequently transfer to a third party. As described in this Privacy Policy, We may use third parties to process data on our behalf. We remain liable if they do so in a manner inconsistent with the Privacy Shield Principles and We are responsible for the event giving rise to the damage.

We encourage You to contact us should you have a Privacy Shield-related complaint. We will respond within 45 days. If We fail to respond within that time, or if Our response does not address Your concern, You may contact JAMS. Please visit https://www.jamsadr.com/eu-us-privacy-shield for additional information and to file a complaint. Under certain conditions, more fully described on the Privacy Shield website, You may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

We may be required to disclose personal information in response to lawful requests by public authorities, including to meet the national security or law enforcement requirements.

Corporate Identity

FreshCar is located at 1327 Jones Drive, St 106, Ann Arbor, MI 49105, USA.