Privacy Policy

This Privacy Policy relates to WingDriver, Inc., together with its affiliates (collectively, “WingDriver”, “we”, “us” and/or “our”), and describes our policies and practices with respect to your personal information (“Personal Information”) that you may give us or that we may collect about you, such as (i) when using our website or WingDriver Mobile Application (“Mobile App”) which contain a link to this policy, (ii) when entering information into an online form which contains a link to this Privacy Policy, (iii) when providing your Personal Information to a WingDriver representative at a tradeshow, or (iv) when you otherwise provide WingDriver with your Personal Information in a manner described in this Privacy Policy.

WingDriver seeks to apply the best market practices in terms of data protection and information security.

Likewise, vowing to adopt appropriate technical and organizational measures to guarantee the confidentiality, integrity, availability and resilience of the personal data for which we are responsible for processing. Without prejudice to the foregoing, applicable legislation will apply to this Policy if — and to the extent that — it exceeds its standards, or imposes more specific requirements and, ultimately, provides a greater degree of protection. In cases where this Policy provides a greater degree of protection than applicable law or provides additional safeguards and rights for Data Subjects, this policy will apply.

A special note for parents concerning privacy

The WingDriver website and Mobile App are not intended for use by children. We do not knowingly accept Personal Information from any person under the age of 13. We ask that parents or legal guardians advise their children not to provide personal information through WingDriver's platforms.

Processing of personal data

The Portuguese National Law on the Protection of Personal Data (Law no. 58/2019, of August the 8th, hereinafter referred to as “LPDP”) and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and Council of April the 27th, 2016, hereinafter referred to as “GDPR”) ensure the protection of natural persons with regard to the processing of personal data and the free movement of such data.

In legal terms, personal data is considered to be any “information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is considered to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifiers or one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

The personal data collected and processed by WingDriver will be those that you voluntarily make available to us through the different collection vehicles of the App or the website, that is, through the different moments of user interaction provided throughout the App and the relationship with WingDriver. During the collection process, however, only data that is absolutely necessary to fulfill the purpose of the informed collection, or related purposes, will be requested and under the assumption of the legal basis explained to the user.

Information provided by the user

Personal Data may only be processed for the specific — and related — purposes communicated to the Data Holder at the time the data was originally collected. The Personal Information we collect depends on how you interact with us, the website, and Mobile App you use, and the choices you make.

We may collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data. We collect Personal Information you provide to us, such as:

• Contact Information: for example, if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our website and Mobile App, sign up for or attend an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, or email address;
• Demographic Information: for example, in some cases, such as when you register or participate in surveys, we may collect age, gender, marital status, and similar demographic details;
• Financial Information: for example, if you make purchases via our website and Mobile App or register for an event, we may also require you to provide us (or our service providers who provide payment processing services) with financial information and billing information, such as billing name and address, credit card number, or bank account information;
• Content and Files: for example, if you contact us via telephone or email, we will collect and retain those communications (or records relating to those communications); or if you participate in a survey, we may collect information you submit related to your use of our website and Mobile App;
• Face image data: for example, when using our driver assist system, our system uses this biometric data to understand the exceptionally wide variety of face structures from people all around the world and to detect sleep, distraction or other behaviors that are dangerous in a driving scenario. We will collect it if you provide it to us.

Information we collect automatically

When you use our website and Mobile App, we collect some information automatically. For example:

• Identifiers and device information. When you access or use our website and Mobile App, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device's operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the Cookies section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
• Geolocation data. Depending on your device and app settings, we collect precise geolocation data when you use our apps or online services.
• Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.

Information we create or generate

We may infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we may infer your general geographic location (such as city, state, and country) based on your IP address.

We collect location data to enhance the user experience by enabling driver safety alerts, such as real-time danger warnings and collision prevention, and conducting comprehensive traffic analysis. This data is collected even when the app is closed or not in use, ensuring continuous functionality and providing you with up-to-date and personalized driving assistance.

Use of personal data

The legal basis for this processing of personal data is:

• If it is necessary to process this personal data for the execution of a contract through which you will use the service and functionalities of the App in which you register, or to carry out the applicable pre-contractual measures;
• In the need to comply with contractual and legal obligations related to the activity of WingDriver;
• In the consent provided by the user, for the most diverse purposes, freely, expressly and embodied in a clear and unequivocal positive act; it is not necessary to provide it for any main registration that you intend to carry out.

Even so, if requested, we will try to ensure that the ease with which it is provided is similar to that of its withdrawal, if desired by the user, and you can consult how to do so in this policy.

WingDriver is not responsible for the user's introduction of third party Personal Data. In other words, the user (Data Holder) undertakes, at all times, to provide accurate information about the data requested through the App or website, and to always keep it updated. If the user has to provide personal data from third parties, they guarantee that they are legally qualified to do so, that they have informed the recipient about the processing of their data and undertake to provide them with this Privacy Policy. In this case, the user will be solely responsible for complying with these obligations and applicable information duty.

We use the Personal Information we collect for purposes described in this Privacy Policy or otherwise disclosed to you. For example, we use Personal Information for the following purposes:

• Operating our website and Mobile App: we base the processing of your Personal Information on our legitimate interest to operate and administer our website and Mobile App and to provide you with content you access and request (e.g., download of certain content from our website and Mobile App);
• Analyzing and monitoring our website and Mobile App: we will process Personal Information to analyze overall trends, to help us provide and improve our website and Mobile App and assess whether they are functioning properly;
• Promoting security of our website and Mobile App: we will process your Personal Information by monitoring use of our website and Mobile App, creating aggregated, non-personal information, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our website and Mobile App, and protecting our rights and the rights of others;
• Handling contact and user support requests: if you fill out a “Contact Us” web form, request user support, or if you contact us by other means, we will process your Personal Information for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
• Managing event registrations and attendance: we will process your Personal Information to plan and host the event, conference or webinar, including related communication with you;
• Business operations: we will process your Personal Information to operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations. For example, if you have provided financial information, WingDriver, or its service provider, will process your respective Personal Information to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the purchase order submitted by you;
• Providing Mobile App services: if you have installed and use our Mobile App, you provide us with GPS location information which is required in order for us to provide you with our Route Risk program. We also use other electronic information received from your mobile device to send updates to the Mobile App that includes driver safety tips;
• Developing and improving our website and Mobile App: we will process your Personal Information to analyze trends, track your usage of our website and Mobile App and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our website and Mobile App and to provide our users with more relevant and interesting content;
• Displaying personalized advertisements and content: we will process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our website and Mobile App, and provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our website and Mobile App or, where necessary, to the extent you have provided your prior separate consent;
• Sending business communications: we will process your Personal Information to send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
• Sending marketing communications: we will process your Personal Information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions, or events as necessary to conduct direct marketing or to the extent you have provided your prior separate consent; and
• Complying with legal obligations: we will process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our website and Mobile App, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.

Personal data receivers

We share Personal Information with your consent or as necessary to complete your transactions or provide the website and Mobile App you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. In addition, we share each of the categories of Personal Information described above for the following business purposes:

• Our contracted service providers who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment;
• If you use our website and Mobile App to register for an event or webinar, we may share your Personal Information with the entity responsible for organizing and/or managing the event to the extent this is required on the basis of the contract with you to process your registration and ensure your participation in the event;
• With third-party social networks, advertising networks and website and Mobile App, which usually act as separate controllers, so that we can market and advertise on third party platforms and website and Mobile App;
• In individual cases we may also share Personal Information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services;
• We may also share your Personal Information with other affiliates to the extent this is necessary to fulfill a request you have submitted via our website and Mobile App, or for customer support, marketing, technical operations, or account management purposes. If we are involved in a merger or reorganization, sell a website or Mobile App, or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Information to such third party; or
• Any Personal Information or other information you choose to submit to public online forums (e.g. forums, blogs, or chat rooms) on our website and Mobile App may be read, collected, and/or used by others who visit these forums.

WingDriver does not sell or trade any Personal Information accumulated through its website and Mobile App in any manner inconsistent with this Privacy Policy. However, WingDriver, its partners, agents, officers and employees may provide specific information collected about you, including Personal Information, to third parties if required to do so by law or in the good faith belief that such action is required to: (i) protect WingDriver against legal liability; (ii) protect and defend the rights or property of WingDriver, including without limitation, exchanging information with other companies and organizations for fraud protection or investigation; (iii) comply with a legal obligation; or (iv) act in urgent circumstances to protect the personal safety of visitors or the public.

Data collected from or about you may be used in an aggregate form, that is, as a statistical measure, and not in a form that would reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share these statistics with certain strategic relations.

Your privacy rights

You may have certain rights regarding your Personal Information, subject to your local privacy and data protection laws. If you are a resident of the European Union, these may include the following rights:

• to access your Personal Information processed by us and receive copies of that information (right to access);
• to rectify inaccurate Personal Information and ensure it is complete (right to rectification);
• to erase/delete your Personal Information to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
• to restrict our processing of your Personal Information (right to restriction of processing); to transfer your Personal Information to another controller to the extent possible (right to data portability);
• to object to any processing of your Personal Information carried out on the basis of our legitimate interests (right to object). Where we process your Personal Information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). Automated Decision-Making is not currently implemented as part of our website and Mobile App; and
• to the extent we base the collection, processing and sharing of your Personal Information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

If you are a resident of the state of Michigan:

• You have a right to request that we disclose to you the Personal Information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such Personal Information. Note that we have provided much of this information in this Privacy Policy;
• You also have a right to request that we delete Personal Information under certain circumstances, subject to a number of exceptions. Please note, if your request relates to data processed by WingDriver in connection with WingDriver's role as a service provider for clients, you must direct your request to the client;
• You have the right to not receive discriminatory treatment because you exercised any of your privacy rights; and
• You have the right to designate an authorized agent to make requests under the Michigan Consumer Privacy Act; provided however that you must submit written proof of such designation to us, and we may require additional verification.

To exercise your rights, please contact us either by email or mail in accordance with the “How to contact us” section below. Please note that we must verify any requests pursuant to this section to ensure the individual making such request is authorized to exercise such rights. Therefore, you must submit your name and email address, as well as confirm access to such email address, in order for us to process your request. WingDriver will comply with the applicable privacy and data protection laws and the exercising of your rights under such laws, however, please note that such rights specified above are not absolute, and exemptions may be applicable. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive.

WingDriver may also process Personal Information in the role of a processor on behalf of WingDriver clients' use of WingDriver services. If your Personal Information has been submitted to us in connection with WingDriver's provision of services to a client, and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the specific client directly. Because we may only respond to a request related to our client's data with such client's permission, if you wish to make your request directly to us, please provide the name of the WingDriver client who submitted your information when contacting us. We will refer your request to that client and will support them as needed in responding to your request within a reasonable timeframe. If you are an employee of a WingDriver client, we recommend you contact your company's system administrator for assistance in correcting or updating your information.

Preferences for marketing communications

If we process your Personal Information for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe by contacting us using the information in the “How to contact us” section below. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.

Security

Personal Data is processed with the level of protection legally required to guarantee its security and prevent its alteration, loss, unauthorized processing or access, taking into account the state of technology. Access to the user's Personal Data will always be carried out under the commitment of:

• Taking legally required security measures of a technical and organizational nature that guarantee your safety;
• Processing them exclusively for previously defined purposes, or purposes related to them.

International transfer of information collected

Our servers, and service providers, are located in the United States. Accordingly, if you reside outside of the United States, by accessing or using our Products and Service, you agree that your information will be transferred to the United States and processed and stored in the United States. You also acknowledge and agree that your information may be transferred to facilities of those third parties with whom we share data as described herein.

Individuals located in the European Union: your Personal Information may be processed outside the European Economic Area (“EEA”), and in countries which are not subject to an adequacy decision by the European Commission, and which may not provide for the same level of data protection in the EEA. This transfer may only take place if it is in accordance with the purpose for which the data was collected and if the transfer is necessary for that purpose. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers. By submitting any of your Personal Information to the Products and Service(s), you consent and agree to the transfer of your Personal Information to WingDriver and its affiliates, as well as WingDriver's service providers which include without limitation, MailChimp, HubSpot, SalesForce.com, Marketo, Amplitude, SendGrid, SnapApp and AtEvent.

Limitation of liability

By providing us with any Personal Information you expressly and unconditionally release and hold harmless WingDriver, Inc., and its subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while WingDriver takes efforts to ensure the proper and appropriate use of data provided by WingDriver to third party companies, promotional partners or vendors, WingDriver is not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by WingDriver or the above-mentioned non-WingDriver entities. The foregoing shall not apply where such limitation of liability is prohibited by law.

Conservation of personal data

Personal Data will only be stored and processed for the period that is necessary or obligatory for the fulfilment of the purposes described above, applying retention criteria appropriate to each processing and in line with the applicable legal and regulatory provisions and even the prescription of civil and criminal liability. Once the respective retention period has elapsed, the data will be deleted or anonymised, when it should not be kept for a separate purpose that may prevail.

Reservation of rights

WingDriver reserves the right to change this Privacy Policy at any time, for any reason, without prior notice. Your continued use of this website and Mobile App after any changes have taken effect will indicate that you have agreed to the terms of the revised Privacy Policy. We recommend that you check this Privacy Policy regularly for changes and updates.

External links

Our website and Mobile App may include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide Personal Information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements.

Changes in corporate structure

Notwithstanding any of the foregoing, WingDriver may sell, share or otherwise transfer some or all of its assets, including information gathered by one of its websites, in connection with a bankruptcy, merger, acquisition, reorganization or sale of substantially all of its assets or substantially all of the assets of a division or other unit of WingDriver. You acknowledge that such transfers may occur, and that any acquirer may continue to use your Personal Information as set forth in this Privacy Policy.

Changes to this Privacy Policy

We will update this Privacy Policy when necessary to reflect changes in our website and Mobile App, how we process Personal Information, or the applicable law. When we post changes to the Privacy Policy, we will revise the “Last Updated” date at the top of the statement. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.

How to contact us

If you have a privacy question, concern, or complaint, please contact the WingDriver Privacy Department directly by e-mail at wingdriver@wingdriver.com.

Cookies policy

Our website uses cookies or similar technologies to ensure the best user experience, making a point of only configuring cookies that are strictly necessary and for which it is not necessary to seek your consent. However, if others are configured other than those mentioned above, the Data Holders' prior consent will always be requested to do so. Whether for the installation of First-Party Cookies or Third-Party Cookies, whether Session or Persistent Cookies.

You can find out more in the Cookies Policy.

Terms and conditions

You can find out more in the Terms and Conditions.

This page reproduces WingDriver's published policy. If you have a question about it, email support@wingdriver.com.