Bounce Privacy Policy
THIS FOLLOWING USER PRIVACY POLICY, TO BE READ IN CONJUNCTION WITH THE TERMS OF SERVICE AND DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, DESCRIBES THE TERMS AND CONDITIONS TO BE READ ALONG WITH THE USER AGREED TERMS OF SERVICE ON WHICH BOUNCE OFFERS YOU ACCESS TO ITS PLATFORM.
1. General
2. Modification to the Agreement
3. Confidentiality
4. Who May Use the Bounce Platform
A. Children’s Privacy
B. Users Outside Of the United States
5. Data We Collect From You
A. Traffic Data
B. Cookies
C. Personal Information
D. Non-Personal Information
E. Partner, Driver and User Registration
F. Product or Service Purchases
G. Information that you make Public
6. How We Use Personal Information
7. Traffic Data and Information Gathered Using Cookies
8. Web Beacons.
9. How We Use Demographic Data
10. Communications From Us
A. Special Offers and Updates
B. Service Announcements
C. Partner, Driver and Rider Service.
D. Privacy Preferences/Opt-Out
11. How to Edit Your Information
12. Information Retention
13. Choice/Opt-Out
14. Special Cases in Which We Share Personal Information
15. Our Security Precautions
16. Changing our Privacy Policy for Previously Gathered Information
17. Notices, Complaints
18. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY
19. Contacting Bounce
Bounce is dedicated to protecting Your personal information and informing You about how We use it. This privacy policy applies to transactions and activities and data gathered through the Bounce Platform. Please review this privacy policy periodically as We may revise it without notice. This privacy policy was last revised on 6-13-17. Each time You use the Bounce Platform or provide Us with information, by doing so You are accepting the practices described in this privacy policy at that time.
1. General
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Altruistic, Inc doing business as Bounce (“Altruistic” “Bounce” “we,” “us” or “our”), a Delaware corporation, governing your use of the Bounce application, website, and technology platform (collectively, the “Bounce Platform”).
The Bounce Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Bounce Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”.
BOUNCE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND BOUNCE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE BOUNCE PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE BOUNCE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE BOUNCE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH RIDE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Bounce Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BOUNCE PLATFORM OR THE SERVICES.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bounce, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Bounce with respect to the subject matter hereof.
2. Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by revising the “Last Updated” date above in this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Bounce Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes, you may not use or access the Bounce Platform or the Services3. Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Bounce’ business, operations and properties, including User information (“Confidential Information”) disclosed to you by Bounce for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Bounce in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Bounce with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Bounce or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Bounce; becomes known to you, without restriction, from a source other than Bounce without breach of this Agreement by you and otherwise not in violation of Bounce’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Bounce to enable Bounce to seek a protective order or otherwise prevent or restrict such disclosure.
4. Who May Use the Bounce Platform
A. Children’s Privacy. Bounce is committed to the safety of our children. The Websites are not intended or designed to attract users under the age of 18. Persons under the age of 18 may not enroll as Bounce Partner or register as Drivers or users. The Bounce Platform’s Youth option is intended for Riders between 8 to 18 years (hereinafter referred to as “Child”) only with prerequisite that the Child user account would be linked to the user account of the individual being parent / guardian (18 years old or older, hereafter referred to as “adult”) who has the right, authority and capacity to enter into the contract on behalf of the Child. For details on the privacy policy regarding Child Riders, please see the Rider Privacy Policy.
If You enter into a Rider contract on behalf of your Child, data as described in “Section 5: Data We Collect From You” may be collected about Child and Child’s rides, including personally identifiable information (“Personal Information”).
Bounce will never require You to disclose more information about Child than is reasonably necessary to use our Websites. You have the right to review your Child’s Personal Information, direct Bounce to delete it, and refuse to allow any further collection or use of Child’s information. You have the right to refuse disclosure of your Child’s Personal Information to any third parties, such a social networking, to the extent disclosure is not a part of Bounce’s services.
To review, delete, or refuse further collection of your Child’s Personal Information, contact us at ChildPrivacy@JoinBounce.com.
B. Users Outside Of the United States. The Bounce Platform is intended for users in the United States and those not governed by privacy policies of other countries. Users in the European Union are advised not to disclose Personal Information to us. Information sent to us will be housed on servers located anywhere in the world. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Statement.
5. Data We Collect From You
Bounce is the sole owner of the Bounce Platform, including Partners’ Replicated Websites. (The Bounce Platform and the Replicated Websites are collectively referred to as the “Websites”.) We collect information from Partners (“Partners”), Drivers, Users and visitors to the Websites at different points on the Websites.
A. Traffic Data. Like most website operators, we automatically gather information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Websites; and (iv) types of Web browsers accessing the Websites (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
B. Cookies. A “Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the Websites each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Websites. We use Cookies to customize your experience on the Websites to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Websites. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
C. Personal Information. Through your use of or visits to our Websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, mailing address and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); and (3) “Financial Data” (such as your credit/debit card number and expiration date). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. We may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Bounce and Your login credentials to Your social network accounts, such as Facebook and Twitter, You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
1. “non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the Bounce Platform; and
2. “public information”, which consists of all other demographic information.
D. Non-Personal Information. “Non-Personal Information” is anonymous information is that information we collect that is not traceable to any individual person or computer. We utilize this data to analyze trends and understand customer needs while shopping and interacting on our site so that we can provide a better user experience. For example, we may use cookies, web beacons, log files and other technologies to collect information about visitors to our Websites, and interactions with our online advertisements and offerings.
E. Partner, Driver and User Registration. In order to become a Partner or a Driving Partner, an applicant must provide Personal Information to us. We also may require a Partner or Driver applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Users are required to register in order to utilize the Bounce Platform. Users will be required to provide Personal Information. We use this information to maintain contact with Partner, Drivers and Users, and to process User orders.
F. Product or Service Purchases. When a User purchases products or services from us through any of our Websites, the User must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
G. Information that you make Public. The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which we are unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
6. How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the Bounce Platform, to contact You in connection with Your transactions and other activities on the Bounce Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Bounce), to forward trip information to You from other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the Bounce Platform, including processing Your transactions and supporting Your activities on the Bounce Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Bounce Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Bounce Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
7. Traffic Data and Information Gathered Using Cookies. We use “cookies” to recognize you as you use or return to our sites. This is done so that we can provide a continuous and more personalized shopping experience for you. A cookie is a small text file that a website or email may save to your browser and store on your hard drive. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive once you sign out from www.joinbounce.com or close your web browser. We use cookies to provide features and services, such as:
❖ allowing you to enter your password less frequently;
❖ remembering your preferences;
❖ presenting information that is targeted to your interests;
❖ measuring the effectiveness of our sites, services, content, and advertising; and
❖ providing other services and features that are available only through the use of cookies.
We analyze Traffic Data and information gathered using Cookies to help us better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, we are able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, we may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. We do not attempt to link information gathered using Cookies to Personal Information.
8. Web Beacons.
We may also use web beacons. A “web beacon” is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.
9. How We Use Demographic Data
We may review all demographic Data. We may use public information to enable other users to search Your profile, to determine whether Your trip details fit other user’s requirements, and to communicate with You. We may use demographic information to tailor the Bounce Platform and communications to Your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers Your identity). One of the reasons We may do this is to increase the likelihood that Our advertisers’ goods and services will appeal to You as a user of the Bounce Platform. Our sharing of demographic information with advertisers is anonymous (i.e., We do not tell advertisers which particular Bounce Users are members of which demographic groups), subject to the rest of this privacy policy. When You respond to an advertisement, however, We ask You to remember that if that ad that is targeted to a demographic group and You decide to give the advertiser Your personal information, then the advertiser may be able to identify You as being a member of that demographic group.
10. Communications From Us
A. Special Offers and Updates. By enrolling as a Partner, registering as Driver or Rider, or making an inquiry through the Websites, you consent to receive periodic email and other communications from us and from Bounce Partner. For example, we send all new Partners, Drivers and Riders a welcoming email to verify password, username, and acceptance of the Partner Agreement, Driver Agreement or User Agreement (as applicable). All Partners, Drivers and Rider will occasionally receive information on products, services, special deals, and a newsletter.
B. Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Partners, Drivers and/or Riders an email. Generally, You may not opt-out of these communications, though you may deactivate your account. However, these communications are not promotional in nature.
C. Partner, Driver and Rider Service. We communicate with all Users via email, regular mail and telephone on a regular basis to provide requested services and/or in regards to issues relating to Bounce or their Bounce business. We communicate with other Users with respect to products or services purchased by such Users from us. Such communications may be by email, regular mail, or telephone.
D. Privacy Preferences/Opt-Out. Bounce provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Bounce gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service. To these ends, we offer an on-line preference page located within the My Account section on www.Joinbounce.com where you can register and change your preferences to receive or not receive marketing materials. You may also update what product/lifestyle preferences you prefer, which may determine what offers and promotional materials you may receive. You may update these preferences at any time, but you must first register by creating an account before you can update any of your preferences. Please allow sufficient time for your preferences to be processed. You may also change your marketing preferences or remove yourself from our mailing list by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you or by contacting us at: Bounce, Attn: Privacy Manage, 9845 Erma Road, Suite 300, San Diego, California 92131, or by e-mailing us at privacyconcerns@JoinBounce.com.
11. How to Edit Your Information
Bounce provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the Bounce menu. There You can view, update and correct Your account information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Bounce upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
12. Information Retention
To preserve the integrity of Our databases, standard procedure calls for Us to retain information submitted by members for an indefinite length of time. Bounce understands Your submissions as consent to store all Your information in one place for this indefinite length of time, if We so wish. Bounce has no obligation to you to store information. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), We will nullify member information by erasing it from Our database. We will also respond to written member requests to nullify account information. Also, by using the Bounce Platform, You do hereby represent and warrant that You understand and agree that all information submitted by You through the Bounce Platform or otherwise to Bounce becomes the property of Bounce and may be used in the sole discretion of Bounce in accordance with this Privacy Policy and the Terms of Use.
13. Choice/Opt-Out
Bounce provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Bounce gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
14. Special Cases in Which We Share Personal Information
Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of Bounce or other visitors to the Bounce Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control.
(For Partners Only) To help Partners in our network marketing program manage their independent businesses, we provide your Bounce sponsor and other upline Bounce Partners with your name, rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity through the Back-Office to the Website. We also provide downline Partners with the names, rank, address, telephone number, and email address of their sponsor and certain specified upline Partners.
Whenever personal information is disclosed under this paragraph, We may also disclose Your demographic information along with it, on a non-anonymous basis. All of Our parent, subsidiary and affiliated legal entities and businesses that receive Your personal information or non- anonymous demographic information from Us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.
15. Our Security Precautions
Your Bounce Profile is password-protected so that only You and authorized Bounce employees have access to Your account information. If You have registered for Bounce using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Bounce staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Bounce account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
Bounce makes every effort to ensure that Your information is secure on its system. Bounce has staff dedicated to maintaining Our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every Bounce employee is aware of Our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Bounce cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to Bounce Terms of Use. Bounce expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the Bounce Platform.
Bounce has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
The Bounce Platform may contain links to other web sites. We are not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the Bounce Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Bounce Platform.
16. Changing our Privacy Policy for Previously Gathered Information
If at any point We decide to use particular personally identifiable information in a manner materially different from that stated at the time it was collected, We will notify Users by way of changing the terms of this agreement and changing the “last modified” date. You agree to review this privacy policy periodically. By using the Bounce Platform, You do hereby represent and warrant that You have read, understand and agree to all terms of Agreement. Each time You use the Bounce Platform, You agree to all terms set forth in this Agreement and any other policies published by Bounce on the Bounce Platform. Please note that We will continue to have the right to change Our privacy policy and practices, and how We use Your personally identifiable information, without notice, as described in herein, provided that such changes shall only apply to information gathered on or after the date of the change.
17. Notices, Complaints
Except as explicitly stated otherwise, any notices to Bounce shall be given by certified mail, postage prepaid and return receipt requested to:
Bounce
9845 Erma Road, Suite 300
San Diego, CA 92131
Such notice shall be deemed given 5 days after the date of mailing. Any notices to you shall be provided to you through the Bounce Platform or given to you via email or text to the email address or mobile phone number you provide to Bounce during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Bounce during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
To resolve a complaint regarding the Bounce Platform, you should first contact our Customer Service Department through our support center at CustomerService@JoinBounce.com.
18. Choice of Law/ Choice of Venue/ Forum Selection: IMPORTANT NOTICE—READ IMMEDIATELY
This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. Where Defendant has elected to resolve any claim or dispute via litigation and not arbitration, jurisdiction and venue over any and all disputes arising out of this agreement shall be proper only and exclusively in the federal or state courts in San Diego County, California.
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT FOR IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO RESOLVE DISPUTES ARISING UNDER THIS AGREEMENT.
19. Contacting Bounce
If You have any questions about this privacy statement, the practices of Bounce, or Your dealings with Bounce, You may contact Us at CustomerService@JoinBounce.com