Downtowner App, Inc. (“Downtowner”, “we”, “us” or “our”) partners with U.S. cities and communities to provide door to door rides for thousands of riders in the U.S. per day. We either provide ride services to a city or community or license our technology platform to another operator who then provides the ride services. In all situations, we take the protection of the data about you and your rides that we collect seriously.
This Privacy Policy details how we collect, use and share the information gathered from riders, such as you, through your use of our applications (“our App”) from your mobile devices and your use of ride services we provide directly. Licensees of our technology platform may have their own privacy policy. You are agreeing to the terms of this Privacy Policy for yourself, including any individual or organization for whom you create an account or utilize our apps.
Effective as of October 28, 2019.
Last Modified on January 15, 2021.
Downtowner collects three main types of data:(1) data provided directly by you,(2) data generated by your use of our apps or rides,(3) data provided by third parties.
Creating or Updating an Account. When creating or updating your account on our app, you will provide the following profile information:
As a general matter, we do not ask for, collect or process government identification numbers (such as social security, driver’s license or passport numbers), birthdates, bank accounts, credit or debit card information, health insurance information, or student identification information.
Requesting a Ride. When you request rides using our apps, you will provide us with the following information:
Providing User Feedback. Riders may rate and review our drivers at the end of every ride. We receive information about ratings and reviews.
Communicating with Us. If you contact us directly, we may receive additional information about you. For example, when you select “Help” on our apps, you will send us an e-mail with your name, email address, phone number, mobile operating system version, app version, and service area, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Ride History. We maintain a history of your 20 most recent rides which is accessible by you under “Ride History” on our app.
Location Information. When you open our app on your mobile device, we may indirectly receive your location. We do not receive your location while our app is running in the background.
Device Information. We may receive information from your devices, including hardware models, device IP address, operating systems and versions, software, unique device identifiers, advertising identifiers and mobile network information.
Usage Information. To help us understand how you use our apps and to help us improve it, we receive information about your actions within our apps, and the dates and times of your visits. We may collect this information through third party technologies and software development kits (SDKs), such as Google Firebase, Google Maps, Apple Maps, Mixpanel, OneSignal and Survey Monkey among others.
Payment Information. Riders in select locations will make payments for rides and will have the option to tip or provide gratuities to drivers through our apps, which are processed by third party payment services, such as Stripe. Although we may receive and store data about payment amounts and fees collected by us and the third party payment service provider, we do not collect or store bank account, credit card or debit card information of users.
We may receive additional information about you, including usage, dispute information, and payments from third party partners, including cities and communities who license our platform technology, and combine it with other information that we have about you.
We generally use data and information collected for internal and service-related purposes.
Providing Rides and Maintaining Safety and Security. We use the information we collect to provide, maintain and improve our ride services. We use your data to help maintain the safety, security and integrity of our services and riders.
Research and Development. We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services and develop new features and products in connection with our services.
Communicating with You. We may send email or text messages to the email address or phone number you provide to us for informational, operational and promotional purposes, such as account management, customer service or system maintenance.
Legal Proceedings and Requirements. We may also use information and data to investigate or address claims or disputes relating to your use of our services, or as requested by regulators, government entities, and official inquiries.
Anonymizing and Aggregating Data. We may anonymize (e.g., remove or redact identifying information) and aggregate data collected through our apps and use it for any purpose.
Sharing with Drivers. Drivers that have been matched for a ride you request will be able to see basic information about you, including your name, phone number, pickup and drop-off locations, and if you are a first time rider. In relevant locations, drivers will also see payments and gratuities (net of fees collected by us and the third party payment service provider).
Sharing with Cities or Communities or Another Operator. Whether we provide ride services to a city or community, or license our platform to another operator who then provides the ride services, we will share your information and data to comply with any license or service agreement with the municipality or community.
Sharing with Third Party Service Providers. We do not share your data with third party service providers or vendors.
No Marketing. We do not rent or sell profile information about you with other people or nonaffiliated companies for their direct marketing purposes. However, we may share information with cities, communities or operators as needed or requested, and they may use such information for marketing purposes for which we have no involvement.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena or to meet national security requirements; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
Sharing in Connection with Corporate Transactions. If we are involved in a change of control, financing, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
Sharing with Consent. We may share your data and information for any purpose if we notify you and you consent to the sharing.
Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile. If would like to terminate your Downtowner account, please contact us using the information below under “Contact Information”. If you choose to terminate your account, we will deactivate it for you but may retain certain information from your profile and account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to resolve disputes, troubleshoot problems, analyze usage, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.
Location Information. You can prevent your device from sharing location information at any time through your Device’s operating system settings.
Communications. You can stop receiving promotional e-mail communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt-out of Service-related communications (e.g., account verification, texts informing you of where your vehicle is located and the status of your live rides, receipts, reminders, changes/updates to features of the Service, technical and security notices).
Data Security Measures. We take commercially reasonable steps to ensure that your information and data are treated securely and in accordance with this Privacy Policy. Unfortunately, no security measure can be 100% secure and we cannot guarantee the security of your data against unintentional disclosure.
Children’s Privacy. Our Service is not directed to or intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. In the event that we learn that we have collected personal information from a child under the age of 18, we will delete it. If you believe that we might have collected personal information from a child under 18, please contact us using the information below under “Contact Information”.
Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through our app, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use our app, you are agreeing to this Privacy Policy and any updates we make to it.
Contact Information. Feel free to contact us at any time with any questions, comments or complaints about this Privacy Policy, your account or information, our use and sharing practices, your consent choices or any children’s privacy issues by contacting us at support@ridedowntowner.com or selecting “Help” in our app.
These Terms of Use ("Terms") govern your access or use of the Services (as defined below) of Downtowner App, Inc. and its affiliates, parent and subsidiaries (collectively, “Downtowner”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOWNTOWNER.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any and all prior agreements or arrangements with you. Downtowner may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Downtowner may amend the Terms from time to time. Amendments will be effective upon Downtowner's posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
The Services comprise (i) mobile applications and related services (each, an "Application"), which enable users to arrange and schedule rides and other transportation and (ii) transportation services. Unless otherwise agreed by Downtowner in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. Subject to your compliance with these Terms, Downtowner grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Downtowner and Downtowner's licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Downtowner; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. The Services and all rights therein are and shall remain Downtowner's property or the property of Downtowner's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Downtowner's company names, logos, product and service names, trademarks or services marks or those of Downtowner's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to Downtowner certain personal information, such as your name, email address, and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Downtowner in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification. You agree that Downtowner may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Downtowner account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Downtowner does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DOWNTOWNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOWNTOWNER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
DOWNTOWNER DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF TRANSPORTATION SERVICES PROVIDED HEREUNDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
DOWNTOWNER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DOWNTOWNER, EVEN IF DOWNTOWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNTOWNER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND DOWNTOWNER, INCLUDING WITH RESPECT TO TRANSPORTATION SERVICES. DOWNTOWNER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOWNTOWNER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THOSE PROVIDING TRANSPORTATION SERVICES HEREUNDER MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DOWNTOWNER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DOWNTOWNER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Downtowner and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third Party Providers.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Downtowner on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Downtowner, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Downtowner by someone else. You and Downtowner agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Downtowner, and not in a court of law. You acknowledge and agree that you and Downtowner are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Downtowner otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Downtowner each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Unless you and Downtowner otherwise agree, the arbitration will be conducted in Palm Beach County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Downtowner submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Downtowner will not seek, and hereby waives all rights Downtowner may have under applicable law to recover, attorneys' fees and expenses if Downtowner prevails in arbitration. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Downtowner will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding the provisions in the introduction section above, regarding consent to be bound by amendments to these Terms, if Downtowner changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Downtowner written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Downtowner in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms). If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause above or to any arbitrable disputes as defined therein. Instead, as described above, the Federal Arbitration Act shall apply to any such disputes.
Downtowner may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Downtowner, with such notice deemed given when received by Downtowner, at any time by first class mail or pre-paid post to our registered agent for service of process.
You may not assign these Terms without Downtowner's prior written approval. Downtowner may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Downtowner's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Downtowner or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Downtowner's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Downtowner in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.