SNOWBYRD LLC PRIVACY POLICY
1. Recitals.
1.1 SnowByrd LLC, is a North Dakota limited liability company, 2797 Umber Ct S, Fargo, ND 58104 (“SnowByrd”, “us”, “our” or “we”).
1.2 We are engaged in the business of facilitating snow removal, automotive jump start, and ice melt services between our users and independent operators through desktop applications, mobile applications, websites, platforms, content, and integrated services (the “Service”) in exchange for Service Fees.
1.3 This Privacy Policy describes how we process personal information in relation to your use of the Snowbyrd Customer User Agreement (“Agreement”).
1.4 All defined terms in this Privacy Policy have the same definition as in the Agreement.
2. Personal Information We Collect. We collect certain personal information about you when you use the Service. Without it, we may not be able to provide the Service as requested. If you choose not to provide this information, your use of the Service may be limited. This information may include:
2.1 your name;
2.2 your date of birth;
2.3 your address; and
2.4 your phone number.
3. Payment Information We Collect. We collect certain payment information about you when you use the Service. Without it, we cannot help facilitate secure payments for Service as requested. If you choose not to provide this information, your use of the Service may be limited. This information may include:
3.1 billing address (if different from your personal address;
3.2 debit/credit card information;
3.3 Information necessary to connect accounts to and from Third Parties; and
3.4 payment transaction information such as payment instrument used, date and time, payment amount, and other related transaction details.
4. Location Information We Collect. We may automatically collect information such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We may also collect this information when you’re not using the app if you enable this through your settings or device permissions. We may also request that you manually provide your location information through our mobile application or website in order to provide the Service as requested.
5. Device Information We Collect. When you use the Service, we may automatically collect certain information related to your device. This information may include:
5.1 usage information, including application usage, time spent using the Service, and other actions related to the Service; and
5.2 log data and device information such as details about how you’ve used the Service (including if you clicked on links to any Third Party websites or applications), device type, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, image folder access, notification settings, and the pages you’ve viewed or engaged with before or after using the Service. We may collect this information even if you haven’t logged in, created an account, or requested the Service.
6. Information We Collect From Third Parties. We may collect personal information about you from other sources, such as:
6.1 if you connect or login to the Service using Third Party services and software, you direct said service to send us information such as your account information as authorized by you via your privacy settings at that service;
6.2 to the extent permitted by Applicable Law, we may obtain reports of criminal records, sex offender registrations, and other information about you and/or your background. We may use your information, including your full name and date of birth, to obtain such reports; and
6.3 to the extent permitted by Applicable Law, we may receive additional information about you, such as references, demographic data, or information to help detect fraud and safety issues from Third Party service providers and/or partners, and combine it with information we have about you.
7. Sharing and Disclosures.
7.1 Sharing With Your Consent or at Your Direction. Unless you choose to revoke your consent, we will share your information in accordance with the Agreement that was agreed upon at the time of consent. This includes sharing your information with affiliated third-party services and software to enable account access and facilitate your participation in the Service, including Third Party payment processing services or promotional activities organized by Third Parties. By using the Service, you acknowledge and accept that your information may be shared with Third Parties that Snowbyrd deems necessary to fulfill the requested Service.
7.2 Business Transfers. If Snowbyrd undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer, or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence).
8. Complying With Law, Responding to Legal Requests. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request (such as a subpoena or court order) or to respond to Claims asserted against Snowbyrd, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) enforce and administer our agreements with Users, including our User Agreement, or (v) protect the rights, property or personal safety of Snowbyrd, its employees, or its Users.
8.1 Where appropriate, we may notify you about legal requests unless: (a) providing notice is prohibited by the legal process itself, by court order we receive, or by Applicable Law, or (b) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Snowbyrd or expose Snowbyrd to a Claim of obstruction of justice.
8.2 In jurisdictions where Snowbyrd facilitates or requires a registration, notification, permit, or license application or sharing your information with a governmental authority, we may share such information with the relevant authority.
9. How We Use The Information We Collect.
9.1 Support and Improve the Development of the Service. Such use includes: (a) detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity; (b) processing payments for the Service; (c) develop and improve the Service, our website and mobile applications, and payment processing; (d) verify or authenticate information provided by you; (e) enforce our agreements with Third Parties; (f) comply with law, respond to legal requests, prevent harm, and protect our rights; and (g) enforce our Agreement and other policies.
9.2 Provide, Personalize, Measure, and Improve our Advertising and Marketing. For example to: (a) send you promotional messages, marketing deals, advertising, and other information based on your preferences and social media advertising through social media platforms; (b) personalize, measure, and improve our advertising; (c) administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Snowbyrd or its Third Party partners; and (d) analyze characteristics and preferences to send you promotional messages, marketing, advertising, and other information that we think might be of interest to you.
10. Other Important Information.
10.1 Changes To This Privacy Policy. We reserve the right to modify this Privacy Policy at any time in accordance with Applicable Law. If we do so, we will post the revised Privacy Policy. If you disagree with the revised Privacy Policy, you can cancel your account. If you do not cancel your account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Service will be subject to the revised Privacy Policy.
10.2 Data Retention and Deletion. We will retain the information we collect for as long as you use the Service. Information related to taxes or as otherwise required by any government agency will be retained by us in accordance with Applicable Laws.
10.3 Contact Us. If you have any questions, concerns or other inquiries related to this privacy policy, you may contact us at ________.
10.4 Your Consent. In using the Service in any capacity and/or agreeing to the Agreement, you explicitly consent to the collection and sharing of your information in the manner stated in this policy. If you wish to revoke your consent you may do so by canceling your account or contacting us. Upon your request or cancellation of your account, all information collected by us will be deleted. Once we delete your personal information, we can no longer provide you with access to the information.