Fairmatic Privacy Policy

At Straight Up Insurance Services, LLC, the protection of your personal information is important to us. This Privacy Policy explains the privacy practices for Straight Up Insurance Services, LLC’s (“Fairmatic,” “Company,” “we,” or “us”) website, www.fairmatic.com (the “Site”) as well as related products and services we may offer to you and those offered or made available through our family of sites, or through corresponding applications on mobile devices (collectively referred to as the “Service” or “Services”).  This Privacy Policy covers how Company collects, uses, share, and processes personal and other information and data of users of the Services offered or made available by Company.

By using or accessing the Site or Services or by submitting information to Company, you consent to terms of this Privacy Policy.

This Privacy Policy applies to both (a) entities that sign up or contract directly with Company for any of the Services (referred to herein as “Client,” “Clients,” “you,” “your,” “user,” and “users”) and (b) individuals and entities whose information and data is provided to or collected by Company directly or indirectly through its Services, affiliates of Company, including Zendrive, Inc. (collectively referred to as “Affiliates”), and clients of any Affiliates, for example, fleet owners or drivers who work for or are customers of a social transportation network, an insurance company, or another business (any of such parties referred to herein as a “Client Customer” or “Client Customers”).

Please note that this Privacy Policy applies only to our information-gathering, use, and dissemination practices in connection with our Services. This Privacy Policy does not apply to any of our information practices conducted separately by the Company outside of the Services or the information practices conducted separately by the Company’s Affiliates. Client Customers are encouraged to read the Clients’ own privacy statements with respect to any use of such Client Services.

This Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Privacy Policy. To the extent any translated versions of this Privacy Policy conflict with the English language version, the English language version of this Privacy Policy shall control.

If you have any questions about this Privacy Policy, please contact us at privacy@fairmatic.com.

In order to better provide you with insurance services, we may collect two types of information or data about our users: (1) Personally Identifiable Information (“PII”), and (2) Aggregate Information.

Personally Identifiable Information. PII refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site or through corresponding applications on mobile devices, such as registering for an account, downloading information about a product or our Services, requesting a quote, or sending us feedback, we may ask you to provide certain information about yourself. For example, you may provide PII directly to us in connection with signing up, registering or interacting with Company through the use of the Services, when you set up an account for Services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Services.

PII means information that can directly or indirectly lead to the identification of a living person, such as an individual’s name, address, company name, email address, telephone or facsimile number, license number, medical identification number, photograph, account identifiers, account password, driving history records, business and personal residence addresses, payment information, credit reports, credit card information, other billing data, or other identifying characteristic. The identification may occur by reference to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural, or social identity. PII does not include information that has been anonymized. 

Aggregate Information. “Aggregate Information” refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us.  This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

We also gather Aggregate Information from our affiliates in connection with providing Services to Clients or Client Customers such as aggregated, anonymized data concerning driving behaviors and habits.

Client Customer Data. Client Customer Data consists of aggregated personal and non-personal information and data collected from Client Customers received or collected by Company in connection with the Services (“Client Customer Data”).

Zendrive Inc. provides and discloses to Company on an anonymized, aggregated basis Client Customer Data (including derivative information and analyses) relating to usage and users of the Zendrive Inc. services, including software integrated into applications on

mobile devices, which is segmented by Client Customer.  Zendrive Inc. may also provide and disclose to Company Client Customer Data segmented by Client Customer that does not contain personal information about Client Customer’s drivers or employees, or is de-identified and not connected to the name of any individual Client Customer driver or employee.

Information We Automatically Collect. We may receive, collect, generate and store certain types of information whenever you use the Services, as well as when Client Customers use the Services or otherwise interact with us. For example, one of our Services may collect Aggregate Information regarding driving activities or behavior and our Services may then analyze such data and generate derivative data or reports and other output. As another example, we may automatically record your activity when using the Service such as the time and date of your activities, your IP address, browser type, Internet Service Provider, page views, domains, operating system, and similar information.

Also, we may automatically send and receive information to and from a computer, mobile phone, or other devices in connection with the use of the Services. Like many websites and online services, we may also use “cookies” (see the below section titled “Our Use of Cookies” for more information), log files, web beacon technologies, and other automated tools to obtain certain types of information when a web browser, mobile application or other applications accesses the Services. This information helps us provide the Services and design and improve the Services to better help our users.

User Content. User Content is information, data, text, files, software, graphics, music, audio, photographs, video, messages, communications or other materials (other than personal information or Client Customer Data), that you or Client Customers upload, submit, post, transmit, share or otherwise provide on, through the Service. For example, we receive and store User Content provided to Company when you (or, if applicable, Client Customers):

• Use the Services;
• Post, upload, submit or otherwise provide content, materials or other information on, through or to the Services;
• Fill out surveys or questionnaires or sign up for or enter promotions, events or other special activities on, through or to the Services;
• Communicate with Company or with other users or participants of the Services (including the content of such communications and information provided in connection with such communications); as well as
• Provide information to third parties and their web sites, applications and services which are accessed or used by Company or on, through or to the Services.

Company may use the information submitted, collected, received or generated from or about you or Client Customers for any of the following purposes:

• To assess Client Customers’ aggregated data to determine policy changes, including fee adjustments, for Services provided by Company;
• To operate, provide, administer, develop, and improve the Services, as well as to operate and support the Company’s related businesses;
• To better understand how you and Client Customers access and use the Services on an aggregated basis, to track and monitor usage, to conduct quality control, to fix technical and other errors or problems, as well as to conduct market research and to respond to user desires and preferences;
• To analyze, compile, publish, sell and otherwise similarly commercialize information (other than personal information unless de-identified or anonymized), including without limitation derivative information and analyses, relating to usage and users of the Services. The foregoing includes, for example, the distribution or sale by Company of aggregate or de-identified or non-identifying data or the use of de-identified or non-identifying data to provide products or services to third parties;
• For advertising, marketing and promotional purposes (excluding the provision to third parties of, or the publication of, any personal information);
• To provide personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to the usage of our Services;
• To provide user support and handle inquiries;
• To communicate with or contact you concerning the usage of or participation in the Services, and for other customer service purposes, including the use of email addresses to send messages and notices for the purposes described above and below;
• To offer content, services, or other products and services, including to develop new services and products;
• To provide news and newsletters, special offers, promotions, and targeted advertising (which excludes the provision to third parties of, or the publication of, any personal information);
• To comply with applicable laws, rules and regulations and any regulatory mandate or court order;
• To enforce our terms of service, as well as other applicable agreements, rights, and remedies;
• To protect the safety of any person, to address fraud, security or technical issues, or to protect the Company’s rights or property;
• To use the name of entities who have signed up for Services or otherwise contracted with Company in Company’s own marketing, advertising, and promotional materials (notwithstanding anything to the contrary above);
• To use in any other manner, or for any other purpose, for which you have given permission or consent to Company.

Information provided by our users is an important part of our business. Company will share and disclose information submitted, collected, received or generated from or about you or from or about Client Customers only as compatible with the purposes described in this Privacy Policy and as permitted or required by applicable law. You are responsible for ensuring the legal basis for processing and obtaining any required consent from your Client Customers and providing such notice to your Client Customers as part of your use of the Services. Information is shared with or disclosed to others as follows:

• Disclosures In Connection with Permitted Uses. Company may disclose your data and Client Customer Data (other than personal information) to third parties in connection with the purposes described in the previous section such as, for example, to commercialize non-identifying information relating to usage and users of the Services or to implement advertising, marketing or promotional activities or transactions. Company may also share information from and about Client Customers with you. Company may also disclose the name of entities who have signed up for Services or otherwise contracted with Company in the Company’s own marketing, advertising, and promotional materials;
• Public Forum. Any User Content or other user information, content or materials submitted, posted, shared, transmitted or otherwise provided to public portions of the Service may be shared with the public without restriction. Company also reserves the right to publish or make publicly available any information that is already publicly available prior to the time first provided to or collected by Company or information that becomes publicly available without any action or omission on the part of Company;
• Contractors, Collaborators and Agents. We may employ other companies and individuals to perform functions or services for Company or otherwise act on our behalf. Examples include resolving service problems, hosting websites, databases, or software, correcting errors related to the execution of the Services, sending postal mail and e-mail, analyzing data, providing marketing assistance (including data concerning marketing and promotional programs), developing websites and software, providing customer service, assisting Company with providing, administering, developing or improving the Services, as well as for other purposes within the ordinary course of business. These third parties may have access to the non-identifying information and other information needed to perform their functions on our behalf. We use reasonable efforts to require these companies to (1) provide adequate protections for information that are no less protective than those set out in this Privacy Policy and (2) use information only for the purposes for which the third party has been engaged by us. We are not liable for the acts or omissions of these third parties, except as provided by applicable law;
• Business Transfers and Collaborations. As we continue to develop our business, we might sell the Company or its business or assets or sell or buy online sites, services, subsidiaries, or other businesses; or we might collaborate or partner with other companies in strategic transactions, business arrangements or licenses. In such transactions, customer and user information and information regarding usage of the Services (including without limitation Client data, User Content and Client Customer Data) generally would be one of the transferred business assets or otherwise one of the components of, or involved in, the transaction; we may therefore share this information in connection with such transactions or arrangements;
• Compliance with Law and Protection of Company and Others. We reserve the right to disclose personal or non-identifying information and any other information when we believe release is appropriate to comply with the law, judicial proceeding, court order, subpoena or other legal process; detect, prevent, or otherwise address fraud, security, emergency situations or technical issues; enforce or apply our terms of use, terms of service and other agreements, rights and remedies; or protect the rights, property, or safety of Company, our employees and contractors, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes.

The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to Client Services or your activities therewith. The use, storage, and disclosure of such information by these third parties is subject to their own privacy policies.

We prioritize safeguarding your information and protecting the security of your personal information and your Client Customer Data. We use appropriate, industry-appropriate security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, user information covered by this Privacy Policy (excluding any such data that may be disclosed or publicly shared in accordance with this Privacy Policy). In this regard, we employ administrative, physical, and technical measures designed to protect personal information from unauthorized access and disclosure and to safeguard such information against loss, theft, alteration, and destruction. No method of security is 100% secure.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of unencrypted electronically stored personal information (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on or through the Services in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement, (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and (iii) applicable law.

Like many services, websites or applications, we may use “cookies” or similar technologies to collect information. A cookie is a small data file that we transfer to your computer to allow the Service to operate, to improve and measure its performance, enable logged in user sessions to operate, to enable reporting, and for any of the other purposes permitted in this Privacy Policy. For more information about cookies and related technologies, you should review our cookie notice: www.fairmatic.com/cookie-notice.

You can refuse to accept and delete cookies by adjusting your browser setting.  Please note that refusing or deleting cookies may impact your browsing experience on the Site or prevent you from using some of its services, and it may result in the deletion of any preferences you have set. For more information on how to reject or delete cookies, you should consult with your browser’s or device’s help documentation or visit www.aboutcookies.org. The Company does not use technology that recognizes do-not-track signals from your browser. You can also opt out of Internet-based advertising by installing a browser plugin from the third party where available. For more information about interest-based advertising, please see: http://www.networkadvertising.org/managing/opt_out.asp.

Unless otherwise specifically stated elsewhere in this Privacy Policy, we will retain your personal information or non-identifying information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. 

Aggregated and anonymized Client data and Client Customer Data that no longer identifies the user of the Service is maintained only for the purposes necessary to provide the Service and for the other purposes expressly described above in the Section titled “How is Information Used?”

We comply with the EU-U.S. Privacy Shield and Swiss-U.S. privacy framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information received from European Union countries and Switzerland (the “Privacy Shield”). We have certified that we adhere to the Privacy Principles of notice, choice, and accountability for onward transfer, security, data integrity, purpose limitation, access, and recourse, enforcement and liability (the “Principles”). If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles shall govern. In cases of onward transfers of data received pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield, we are potentially liable in congruence with the tenets set forth in the Privacy Shield. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. For more information regarding our Privacy Shield certification, please see: https://www.privacyshield.gov/list.

We may also disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requests, in accordance with the tenets set forth in the Privacy Shield.

• As part of our participation in the Privacy Shield, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
• For European Union residents, you also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
• In compliance with the EU-US and Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at privacy@fairmatic.com.
• We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus, located in the United States and offered to individuals free of charge. The BBB EU Privacy Shield program details can be found at https://www.bbb.org/EU-privacy-shield/for-eu-consumers.
• Additionally, an individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms; additional information is available here regarding arbitration: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. We do not currently respond to Do Not Track Signals.

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, subject to certain exceptions. In general, subject to certain exceptions, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide, free of charge, a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by sending an email to privacy@fairmatic.com.

This site is not intended for children. You must be 18 or older in order to use the Services, and you must represent and warrant that you are at or over the age of 13 in the signup process. Children under the age of 18 are not eligible to use the Services and must not attempt to sign up with the Services or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal information from a person under the age of 18, it would have been purely accidental and unintentional, and we will promptly delete their information as permitted by law.

Our Services may contain links to, interoperate with, and allow you to share content to and from third-party services, websites and applications. The fact that we link to a website, service or application or allow you to share content through these third parties is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites, services, and applications follow different rules regarding the collection, use, storage or disclosure of the personal and other information. We encourage you to read the privacy policies or statements of the other websites, services, and applications you use.

Even though Company has taken reasonable commercial steps and efforts to prevent personal information and other information covered by this Privacy Policy from being accessed, used, intercepted or disclosed by unauthorized individuals in violation of this Privacy Policy, you should know and you acknowledge that Company cannot fully eliminate security risks associated with your information and information of Client Customers. You expressly acknowledge and agree that uploading, posting, providing, storing, using, analyzing, transmitting, sharing as well as allowing access to personal information and other information, including aggregated information, on, through, in, or to the Services, and the use of all such Services, are all done at your sole risk and responsibility. You expressly acknowledge that Company is not liable, except as is required by law, for (i) any special, indirect, consequential, incidental or punitive damages, costs, or liabilities whatsoever arising out of or resulting from your use (or any Client Customer’s use) of the Services, including from uploading, posting, providing, storing, using, analyzing, transmitting, sharing as well as allowing access to personal information and other information; or (ii) any loss, disclosure or use of your (or a Client Customer’s) personal information or other information.

This Privacy Policy may be updated or modified from time to time. We will provide notice of any changes by posting the new Privacy Policy on the Company’s website. You are advised to consult this Privacy Policy regularly for any changes. 

This Privacy Policy and you are also subject to the Company’s terms of service and any applicable terms and conditions of the Company’s terms of service (including limitations on damages, jurisdiction of disputes and application of law) shall apply to this Privacy Policy and any disputes relating to privacy and use or protection of information hereunder.