Twisted Road Policies

 

Last Updated: October 10, 2017

PRIVACY POLICY

 

Twisted Road, LLC (hereinafter, “Twisted Road”, “we”, or “us”) cares about privacy issues and wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy covers your access to and use of our websites and applications (the “Platform”), including when communicating with us or other Twisted Road users on any device (collectively, the “Services”), or when you otherwise provide us with Personal Information. By accessing or using the Platform or the Services or by providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy.

 

 

Changes to this Privacy Policy

 

We may change this Privacy Policy at any time. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy to the Platform. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us at info@twistedroad.com to close your account and you will only be bound by the prior version of the Privacy Policy.

 

 

Personal Information

 

As used in this Privacy Policy, the term “Personal Information” means information that specifically identifies an individual such as a name, address, telephone number, email address, social media account, or other account identifier. Personal Information may also include demographic information such as date of birth, gender, geographic area, and preferences, when that information is linked to other Personal Information that identifies the individual or that allows that individual to be identified. Personal Information does not include “aggregate” information, which is data we collect about the use of the Twisted Road Services or about a group or category of products, services, or users, if all personally identifiable information has been removed or disassociated from the individual.

 

 

Collection

 

We, either directly or through third party companies and individuals we engage to provide services to us, collect, process, or retain Personal Information from you and any devices you may use when you use our Services. The Personal Information we collect may include the following:

Personal Information that you give us (whether manually or automatically) when you access or use our Services;

Identifying information, such as your name, address, telephone number, and email address, when you register for an account with us;

Information you provide during a transaction, or other transaction-based content that you generate, or that is connected to your account as a result of a transaction you are involved in, such as listing a motorcycle, renting a motorcycle from one of our users, adding items to your Favorites, creating reviews, or uploading Trip Photos;

Financial information (such as payment card numbers) in connection with a potential or actual transaction, which is stored and processed by a third-party payment services provider; and

Bank account information provided by vehicle owners to receive payments, which is stored by a third-party digital payments company.

In some instances, when you use our Services, we may ask you to provide us with a photograph and/or other demographic information, such as a scanned copy of a driver’s license, passport, or credit/debit card, the last four digits of your social security number, social insurance number, social media account information, driver’s/motor vehicle record, insurance information, and other forms of identification. Where we request that you withhold certain information when providing us with personally identifiable information (such as obscuring or redacting all but the last four digits of your payment card number), please do so.

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use or disclosure of your Personal Information.

If you submit any Personal Information relating to other people to us or to any of our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

If you opt in to use our Location Sharing feature, we will collect geo-location data, including location information from your mobile device, and information about the location and movement of your vehicle or the vehicle you are renting during a rental period, based upon the movement of your mobile device for the purpose of allowing travelers and owners to share information with one another about their location.

Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.

If you communicate with Twisted Road’s customer service via telephone, we may record your telephone call for quality assurance, documentation, recordkeeping, and/or training purposes. If you do not wish to have your telephone call recorded, please do not communicate with us via telephone and instead communicate with our customer support via info@twistedroad.com.

When you access our Platform, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively, “Cookies”). We use these technologies to recognize you as a customer, to customize our Services, to measure promotional effectiveness, to help ensure that your account security is not compromised, to mitigate risk and prevent fraud, to promote trust and safety across our Services, and for other content and marketing purposes.

We may also collect from you any other Personal Information you choose to provide to us or our service providers, or that we are otherwise permitted or required to collect by applicable law.

We may also obtain information about you from third parties such as credit bureaus and identity verification services where permitted by law. You may choose to log in to our Services through social media sites (e.g., Facebook or Google). When you do so, Personal Information from your social media account may be shared with Twisted Road. The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Twisted Road account and authorizing Twisted Road to have access to this information, you agree that Twisted Road may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your Personal Information. Please refer to those third parties’ privacy policies to understand how they use and share your Personal Information.

 

Retention, Use, & Processing

 

Our primary purpose in collecting personal information is to provide our users with a secure, smooth, efficient, and customized experience. For example, we may use your Personal Information to:

We, either directly or through third party companies and individuals we engage to provide services to us, may contact you via electronic means, telephone, or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts, and promotions, and to inform you about Twisted Road Services. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. When contacting you via phone, to reach you as efficiently as possible we may use, and subject to applicable law, you hereby consent to receive, autodialed or prerecorded calls and text messages as described in our Terms of Service. Where applicable and required by law, you may decline to receive certain communications.  Standard telephone minute and text and data charges may apply.

We retain your Personal Information as long as it is necessary and relevant for our operations. In addition, we may retain Personal Information from closed accounts to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any investigation, comply with audits and investigation, to enforce our Terms of Service, and take other actions reasonably necessary to comply with, or otherwise permitted or required by, applicable law.

 

Third Party Advertising

 

We may use third-party advertising companies to serve advertisements regarding our Services when you access and use the Services and third party websites, based on information relating to your access to and use of the Services and third party websites. To do so, these companies may place or recognize a unique Cookie on your browser (including through use of pixel tags).

 

Preferences

 

You have certain choices about how we use your Personal Information to communicate with you, to send you marketing information, and to provide you with a customized experience. You can control the methods by which we may contact you about your account, your rental activities, promotions, and other announcements in the Notifications section within your Twisted Road account. You may also access, update, and correct your registration or other Personal Information by logging into your Twisted Road Account.

In addition, you can set your browser to refuse all or some browser cookies, or an alert when cookies are being sent. To learn how to manage cookie settings, visit the applicable browser’s settings and help pages. If you disable or refuse cookies, please note that the Platform may then be inaccessible or not function properly.

 

Access

 

You can access, review, correct, update, and edit certain Personal Information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile. You can also access or request a correction of your Personal Information by contacting us at info@twistedroad.com. For your protection, we may need to verify your identity before responding to your request. If you wish to close your account, please contact us at info@twistedroad.com. Please note that we may need to retain certain information for record keeping, trust and safety, dispute resolution, payment, or other business purposes. There may also be residual information that will remain within our databases and other records, which will not be removed.

 

Disclosure

 

Your public listing page will always include some basic information, such as your user ID/name associated with your account, your public profile photo, and for owners, the city where your motorcycle is located, your listing description, your calendar availability, transaction-related information to allow our community to evaluate your reliability and responsiveness, and reviews/feedback. Your public listing page may also include aggregated demand information (such as number of page views over a period of time) and information about your cancellations. Our Services may also display the approximate geographic pick-up location of an owner’s vehicle on a map.

Our Services allow your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages may be indexed by search engines and may be published as search results.

Twisted Road enables motorcycle owners to offer and rent their vehicles to other individuals. If you agree to a rental transaction through the Services, we may provide your Personal Information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, Twisted Road may provide your mobile phone number and/or driver’s license information to facilitate communication, or your photograph to facilitate identification. We will provide the address of the vehicle and/or the proposed delivery location. We may also share user-uploaded “Trip Photos”, including captions, with the other party involved in the rental transaction if that feature is selected. Twisted Road users engaged in a rental transaction with you may send you text message (such as to confirm pickup or delivery location). Standard telephone minute and text and data charges may apply.

We may share Personal Information with vendors and service providers who are engaged by, or working with, us in connection with the operation of our Services and customer support functions and who need access to such information to carry out their work for us. In some cases, the service provider may be directly collecting the information from you on our behalf. For motorcycle owners who choose to use our photography program, your contact information will be shared with the photographer assigned to shoot your vehicle.

Twisted Road may compile aggregate information about your use of the Services. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Services. Twisted Road may also share aggregate demographic information with advertisers and partners. This Privacy Policy in no way restricts or limits our collection or use of aggregate information that does not identify any individual.

We may disclose your Personal Information to other members of the Twisted Road corporate family or to third parties, such as our insurance and claims providers, as we believe to be necessary or appropriate, including for any of the following purposes: in accordance with applicable law, including laws outside your country of residence, to provide insurance and claims services; to comply with legal process; to respond to requests from public and government authorities, including public and government authorities outside your country of residence; to enforce our Terms of Service and related policies (including this Privacy Policy); to protect our operations or those of any of our affiliates or users; to protect our rights, privacy, safety, or property, and/or those of our affiliates, you, or others; and to allow us to pursue available remedies or limit the damages that we or our users may sustain.

 

Change of Ownership

 

We may disclose and transfer information that you provide to us, including Personal Information, as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business (whether as a going-concern or not) or as part of a corporate reorganization, stock sale or other change in control.

 

Security

 

We have endeavored to put into place reasonable security measures in an effort to protect Personal Information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmission over the Internet, and no method of storing information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us or of your Personal Information that we store.

Personal Information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated in this Privacy Policy, or such other purposes as may be permitted or required by applicable law.

We are not responsible for any unauthorized disclosure of Personal Information or other information caused by any third party. Your account information is accessible online through the use of a password. To protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Services by any person using your password or your account. Please advise us immediately at info@twistedroad.com if you believe your password has been misused. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.

 

Cross-Border Transfer

 

The Services are controlled and operated by us from the United States, and are not intended to be subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities or law enforcement in those jurisdictions according to the laws in those jurisdictions.

 

Sensitive Information

 

We ask that you not send us, and that you not disclose, any sensitive Personal Information (e.g., social security numbers, social insurance numbers, passports, information related to racial or ethnic origin, political opinions, religion, trade union membership or other beliefs, health, biometrics, or genetic characteristics) on or through the Services unless specifically requested by us and in accordance with applicable law.

 

Important Information

 

This section describes some additional important privacy information related to your use of our Services.


How you should use the information you receive on Twisted Road:

You may use the Personal Information that you have access to only for Twisted Road transaction-related purposes, or for other services offered through Twisted Road (such as complaints, claims reporting, dispute resolution, and user-to-user communications). Using Personal Information of other users that you have access to for any other purpose constitutes a violation of our Terms of Service. You are solely responsible for your use of any Personal Information you find on our Services and for complying with all applicable laws when using such information.

 

 

Unwanted or threatening email:

 

We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list (email or postal), call, or send them text messages for commercial purposes, send spam, or invite/engage in non-Twisted Road transactions to avoid paying Twisted Road ’s fees in whole or in part. We reserve the right to immediately close your account if you engage in any abuse of the Services or are otherwise in violation of any part of this Privacy Policy.

 

 

Children’s Privacy

 

Our websites are general audience websites, and our Services are not intended for anyone under the age of 18. We do not knowingly collect Personal Information from users under the age of 18. If a child has already provided us with Personal Information, his or her parent or guardian may contact us at info@twistedroad.comfor the purpose of deleting this information or closing an account.

 

 

Third Party Privacy Practices

 

This Privacy Policy addresses only the use and disclosure of Personal Information collected by Twisted Road. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or any of our affiliates. If you disclose your information to others on a third party website, or if you are directed to a third party website, their privacy notices and practices will apply.

We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner and any third parties you deal with or whose sites you visit before entering into a transaction and choosing to share your information.

Twisted Road welcomes your questions and comments about privacy, and what we do. Please feel free to contact us at info@twistedroad.com. If you need to reach us by mail in regards to privacy questions, please write to us at 1001 Green Bay Road, Suite 300, Winnetka, IL 60093.

 

Disputes

 

Any dispute over privacy or any information described in this Privacy Policy is subject to our Terms of Service, including with respect to limitations on damages and other liability and the application of the law of the State of Illinois.