Privacy Policy – Service Provider

Last Revised: 04/01/2022

Zubie, Inc. (“Zubie”) exists to help our clients (each, a “Business”), no matter what size, to have access to Telematics power. Zubie has powerful fleet management tools like 24/7 GPS tracking, vehicle health and maintenance, driver performance, and driver check-in and more. In order to provide these valuable services, Zubie collects information about your company, your fleet driving habits and uses this information to identify ways that your company can save on car repairs, insurance and other similar services.

Zubie understands that privacy is important to you so we are providing a plain English summary of each section of the Privacy Policy below. This Privacy Policy explains the details of how we collect, use, share and protect the information we collect from your personnel(“Users”) using our app, website and services.

Our commitment to user privacy is summarized by the following Privacy Principles:

• We treat User personal data as private and confidential.
• We do not share User personal information for marketing purposes unless the User expressly agrees.
• We are transparent about our privacy practices – they are disclosed in plain language in this easily accessible Privacy Policy.
• We use industry standard safeguards to protect User personal information.
• As a Service Provider to your Business, we will adhere to any privacy requests from your Users that you provide to Zubie.

Introduction

This Privacy Policy applies to the personal information we collect on zubie.com (the “site”), the Zubie mobile app (the “app”), and the Zubie telematics devices (the “Device”) (collectively, the “Service”). In some cases, a part of the Service may provide additional detail about our privacy practices.

This Privacy Policy describes the types of personal information we collect on the Service, how we may use that information and with whom we may share it. We also tell you how you can reach us to ask us to update your preferences regarding how we communicate with you or answer any questions you may have about our privacy practices.

Anyone who visits, browses, or otherwise uses the Service is subject to this Privacy Policy. Before enabling your Users to submit any information to the Service, please read this Privacy Policy carefully. By using the Service, including the submission of any personal information, the User acknowledges that the User accepts the practices and policies outlined in this Privacy Policy and consent to having data transferred to and/or processed in the United States. If a User does not agree to this Privacy Policy, the User can choose not to use the Service. This Privacy Policy may change from time to time, and your continued use of the Service after we make changes constitutes acceptance of those changes. Please check the Privacy Policy periodically for updates. This Privacy Policy does not create rights enforceable by third parties. Information collected from Users and provided to the Business as a Service Provider is subject to any privacy policies of the Business. The Business is responsible for obtaining any required consents from its Users. If you are a User, you also consent to the information collection described in this Privacy Policy by using the Services.

Information You Submit

Users may choose to provide us with personal information through the Services, like:

• Contact information, such as name, address, telephone number and email address.
• Payment information, such as payment card details.
• Information used to login to the app or to log in to Zubie support on the site
• Vehicle information, such as your VIN number, that may be associated with the User.
• Personal information in communications and other content the User submits or shares, such as photographs and video clips.
• Information about activities and purchases related to the User’s vehicle (including any vehicles owned by the Business) such as service performed, battery replacement, mileage or other data points relevant to the maintenance of the vehicle.

Information We Collect by Automated Means With the App

When Users use our Zubie app, we may collect the following information by automated means:

• The geolocation of the User’s mobile device over time, and information that may be inferred from it, such as your driving speed at a particular time.
• The type of device the User uses and its operating system.
• Identification details of the User’s device (e.g., unique device identifier).
• IP address.
• Information about the User’s use of the app.
• Information collected in conjunction with the Device, as described below.

Information We Collect by Automated Means With the Device

When a User or the Business installs the Device and uses it in conjunction with the app, we may collect details about vehicle’s use, operation, performance and maintenance status, such as:

• HD Video Recording
• Video
• Sound
• Speed
• Braking and acceleration metrics
• Engine start/stop and idle times
• Battery voltage levels
• Diagnostic codes as reported by the vehicle per the OBD II standard*
• Engine pre-check results
• Other codes related to the operation and performance, specific to the make/model of the vehicle
• The geolocation of the Device

*See http://en.wikipedia.org/wiki/On-board_diagnostics

De-Identified and Non-Personally Identifiable Information

We may de-identify personal information, including information about your fleets driving habits, that we have collected from you through the site, app or Device and combine it with de-identified information about other users, information from third parties, and/or publicly available information.

Customized Offers and Your Choices

Data gathered from the usage of our app and/or the Device may be used to identify discounts tailored to your Users’ needs and interests. And we may use this data to tell the Business or Users about a special offer, such as a discount on car repairs or insurance. If you do not wish to receive such offers, you can tell us by sending us an email to support@zubiecar.com or indicating your preference on a settings page in the app.

In some cases, an offer may require a User to share more information with a third party such as your personal information, your car data or driving data. If so, we let the User know exactly what is requested so the User may authorize us to share that data. It’s up to the User or the Business, in each case and we only share this data with our partners for marketing purposes if the User agrees.

How We Use Personal Information

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

• To present Services and their contents to the User.
• To provide you with information, products, or services that Users or your Business requests from us.
• To fulfill any other purpose for which the User provides it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between the User or Business and us, including for billing and collection.
• To notify Users and your Business about changes to our site or any products or services we offer or provide though it.
• To allow Users to participate in interactive features on our Service.
• For offers or purposes with the User’s consent.

We may use personal information to contact Users about our own and third parties’ goods, services, and special offers and some may be tailored to the User’s needs and interests, such as discounts on car repairs or insurance. In some cases, an offer may require the User to share more information with a third party such as personal information, car data or driving data. If so, we let the User know exactly what is requested so you may authorize us to share that data. It’s up to the User, in each case and we only share this data with our partners for marketing purposes if the User agrees.

Zubie’s Dashcam solution offers sound recording technology.  Zubie will not be held liable for any use of the audio files as it can violate labor laws in some jurisdictions.  As a Business, you are required to reference your states labor laws to validate the implications/requirements and obtain any applicable consents. The Device captures images of drivers that could be considered privacy violations for non-employees transported in company vehicles.  Zubie will not be held liable for any usage on the part of a Business or User  that could be considered a violation of privacy protection for individuals not covered by the Business’s privacy agreement or applicable law.

Disclosure of Information and Your Choices

This section describes the information that is shared internally at Zubie and with third parties and the choices that you have to prevent such sharing.

Zubie Engineers and Support Staff: Our engineers and support staff may have access to User information in order to diagnose and resolve digital problems or to provide support to you. Zubie employees are required to maintain the privacy and confidentiality of this information and follow this Privacy Policy. Zubie cannot provide the Services without this support. If a User does not wish to have data shared with our staff, the User should not use the Service.

Service Providers: Zubie may share User information, including some personal information, with third parties who perform services on our behalf, including credit-card and billing, survey administration, technical or customer support, shipping, and provision of email and data analytics. These third parties are contractually required or bound by law to protect the information and only are permitted use such information in accordance with our agreements with them. Zubie cannot provide the Services without this support. If a User does not wish to have data shared with these third parties, the User should not use the Service.

Third Party Partners : Zubie may share User personal information, including driving habits, with our third party partners only if the User agrees to the sharing of such data. For instance,  Zubie may share certain selective data about a User, driving habits or information about the User’s car so that the User can receive valuable discounts or offers from insurance companies or car repair/maintenance companies. In some instances, our partner may request additional information from the User, such as the User’s driving score. The User will  be presented with the details of any request and the information only will be shared if the User agrees. If the User does not wish to receive such offers, the User can tell us by sending us an email to support@zubie.com or indicating the User’s preference on a settings page in the app.

Groups: If the User has joined a group, the group creator may add new members and may change whether the User shares location information with other members after the User has joined the group. It is the  responsibility of the User and the Business to monitor these activities. The group creator controls the sharing. If a User does not want such sharing to occur, the User should communicate with the group creator.

Community Forum: If a User submits feedback or ideas through the community forum on the site and/or app, any information that the User submits, including personal information, will be included in the User’s post and will be public. If the User does not want the User’s personal information posted in the community forum, the User should not include it in feedback or ideas. The User’s name will be included in any posts that the User makes to the Community Forum.

Third Party Vendors or Partners – De-Identified Information: Zubie may share de-identified and other non-personal information with third parties for purposes of analytics, marketing and other uses. This information is not intended to identify Users personally. If a User does not wish to have this information shared, the User should not use the Service.

Law Enforcement, Protection of Zubie and Others: We may disclose information about Users (i) if we are required to do so by law, regulation or legal process, such as a court order or subpoena; (ii) in response to legal requests by government agencies; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity. If you do not wish to have your information disclosed in these situations, you should not use the Service.

Business Transfers: User information may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, User information also may be transferred as a business asset. If Zubie is involved in a transition of service to another provider, merger, acquisition, or sale of all or a portion of its assets, the User will be notified in advance via email and/or a conspicuous notice on our site or in the app, which will include any choices you may have concerning your Information.

We also may disclose User information in special cases.  For example, when we believe that we must disclose information to identify, contact or bring legal action against someone who may be violating our Terms of Use, or may be causing injury to or interference with our rights or property, other website users or customers and their information, or anyone else who may be harmed by such activities.  We may disclose, access or monitor personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services and our information security.

Additional Controls You Have

Car Location Data: Users can disable the collection of car location data by unplugging the Device from the car. Expectedly, this disables all car-related capabilities within the Service but can be resumed seamlessly when you choose to reconnect the Device. Finally, Businesses and Users always have the option of canceling the Service at which point the Device ceases to collect data and any existing personal data is removed from the system.  We are not responsible for any violations of company policies of the Business if a Device is disabled by a User.

Diagnostics & Driving Metrics: Diagnostics codes and driving data are collected as long as the Device is connected and active. But this information is only shared explicitly by the User, either with their social network, such as sharing details about a trip taken, or with a merchant who may request data in order to present an offer – see Disclosure of Information and Your Choices.

Zubie User Profile: Where applicable, Users may amend their preferences regarding how we communicate with the User by updating your profile or settings within your Zubie authenticated account or contacting us as described in How to Contact Us. Users also may use settings pages within your Zubie authenticated account to modify certain preferences regarding the collection of data (such as geolocation) and the sharing of certain data. Users may unsubscribe from marketing-oriented emails by clicking on the “unsubscribe” link in emails received from Zubie.

Interest-Based Advertising and Your Choices

Data about User activities online is being collected on our site for use in providing advertising tailored to your individual interests. Users may choose whether to have information collected for that purpose and may disable cookies pursuant to our Cookie Policy.

Notice to California Users

Subject to certain limitations under California Civil Code § 1798.83, if you are a California resident, you may ask us to provide you with (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year. To make such a request, please contact us as indicated in the “How to Contact Us” section below.  If you are a User who is an employee of a Business and are using the Service, you should make any requests through the Business’s privacy policy and we will comply with their requests to us as a Service Provider to the Business.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in their web browsers.  While the United States Federal Trade Commission has endorsed DNT, our website does not support DNT codes.   

Scope of Notice

This notice applies to personal information we collect about California residents both online and offline. It applies to California residents who are users of our Services; our customers; individuals inquiring about our products; and all other California residents from whom we collect personal information.

As defined in the CCPA, personal information includes any information that identifies, relates to, or could reasonably be linked to a California resident or household.  It includes, but is not limited to: identifiers, characteristics of protected classes, commercial information, biometrics, internet or electronic information, geolocation data, audio/visual or similar information, employment and educational information, and inferences drawn from any identifiable information. Personal information does not include publicly available information from a public government record. 

This notice does not apply to information that is exempt from CCPA disclosure requirements. This includes personal information of individuals acting in their capacity as representatives of our customers, prospective customers, vendors, and other businesses that we conduct business with to the extent the information is collective with respect to a business-to-business transaction or business relationship. This disclosure also does not apply to individuals who are not California residents, any personal information exempted under Cal. Civ. Code Section 1798.145, or any other personal information not contemplated in the CCPA.

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) grants State of California residents the following rights, to:

• Know what personal information is being collected about them;
• Know whether their personal information is sold or disclosed and to whom;
• Say no to the sale of their personal information;
• Access their personal information;
• Have their personal information deleted (subject to certain exceptions); and
• Have the right to equal service and price, even if they exercise their privacy rights under this law.

The CCPA also provides that if a company has a privacy notice that allows you to opt-out or opt-in to the use of your personal information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

If you are a California resident and wish to request information about how to exercise your third party disclosure choices and you are an employee of a Business that is using the Zubie to provide the Service to you, you must send your request to the address in the Business’s privacy policy and we will comply with that request as a Service Provider to the Business.  Otherwise, you may send a request to the by email or postal mail to the address below.

Address for California Privacy Requests
Zubie, Inc.
8120 Penn Avenue S
Bloomington, MN 55431
support@zubie.com

Please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Links to Other Websites and Applications

This site and app contain links to other websites and applications for convenience and information. These websites and applications may be operated by companies not affiliated with us. Linked websites and applications, including those operated by Zubie, may have their own privacy notices, which we strongly recommend you review if you visit them or use them. We are not responsible for the content of any websites or applications that we do not control, nor are we responsible for any use of those websites or applications or the privacy practices of those websites or applications.

Data Security

We have implemented measures designed to protect User information from accidental loss and unauthorized access and disclosure. Users should be aware, however, that Zubie has no control over the security of other websites or applications that you might visit or use even when a link to those websites or applications is available in or through the Service. If a User shares the User’s computer or wireless device or use a computer or wireless device that is accessed by the general public, the User must remember to sign off and close the app and/or web browser when the User has finished the session. This will help to ensure that others cannot access User information.

We want Users to feel confident using the Service. However, no system can be completely secure. Therefore, although we take steps to secure User information, we do not promise, and Users and the Business should not expect, that User information or other communications always will remain secure. In the event of a breach of the confidentiality or security of a User’s personal information, we will notify the User if reasonably possible and as reasonably necessary so that the User can take appropriate protective steps. We may notify Users under such circumstances using the e-mail address we have on record for the User. Users should also take care with how Users handle and disclose personal information. Please refer to the Federal Trade Commission’s Web site for information about how Users can protect themselves against identity theft.

Users from Outside the United States

The Service is hosted in the United States and is governed by United States law. If you are using the Service from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Service, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

Updates to Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to the User or the Business to reflect changes in our personal information practices or relevant laws. To inform Users and the Business of any change, we will post the updated Privacy Policy on our Service and indicate at the top of the Privacy Policy when it was updated. We will provide separate notice to Users of material changes to the Privacy Policy.

How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you are a User and would like us to update information we have about you or your preferences, please contact us as indicated below.

Zubie, Inc.
8120 Penn Avenue S
Bloomington, MN 55431
support@zubie.com