Privacy Policy

“Last Updated”: September 30, 2021

Welcome to Merlin Mobility. This “Privacy Policy” describes the privacy practices of Merlin Mobility, Inc. and our subsidiaries and affiliates (collectively, “Merlin Mobility”, “we”, “us”, or “our”) in connection with the www.drivemerlin.com website (our “Site”) and any other website, web application, or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Merlin Mobility may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

Table of Contents

• Personal Information We Collect

• How We Use Your Personal Information

• How We Share Your Personal Information

• Your Choices

• Other Sites, Mobile Applications, and Services

• Security Practices

• International Data Transfers

• Children

• Changes to This Privacy Policy

• How to Contact Us

• Information for California Residents – Your California Privacy Rights

• Notice to European Residents

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

• Contact information, such as your first and last name, email address, mailing address, and phone number.

• Demographic information, such as your city, state, country of residence, and postal code.

• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.

• Marketing information, such as your native language, preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.

• Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to our Site or otherwise submit to us, and information you provide when you use any interactive features of the Service.

• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information We Obtain from Social Media Platforms. We may maintain pages for Merlin Mobility on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Information We Obtain from Other Third Parties. We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed interest in learning specifically about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, and data providers.

Cookies and Other Information Collected by Automated Means. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited, your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type and language, IP address (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device), general location information such as city, state, or geographic area; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

Web browsers may offer users of our Site the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our Site may not function correctly.

Third-Party Analytics. We use third-party analytics services (including Google Analytics) to evaluate your use of the Service, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Service and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Service, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any analytics service, you may not be able to use the full functionality of the Service.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To Operate the Service. We use your personal information to:

• provide, operate, and improve the Service

• provide information about our products and services

• communicate with you about the Service, including by sending you announcements, offers, updates, news, support and administrative messages, and marketing messages

• understand your needs and interests, and personalize your experience with the Service and our communications

• provide support and maintenance for the Service

• respond to your requests, questions, and feedback

To Send You Marketing and Promotional Communications. We may send you Merlin Mobility-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt Out of Marketing Communications” Section below.

To Comply with Laws. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.

With Your Consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information, such as when required by law.

To Create Anonymous, Aggregated, or De-identified Data. We may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated, or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates. We may share your personal information with the Merlin Mobility group of companies, including any subsidiary, and affiliate companies for purposes consistent with this Privacy Policy.

Service Providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, email delivery, and marketing services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

For Compliance, Fraud Prevention, and Safety. We may share your personal information with law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.

Business Transfers. We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this Section, we describe the rights and choices available to all users.

Opt Out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at info@drivemerlin.com. You may continue to receive service-related and other non-marketing emails.

Cookies and Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third-party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing Not to Share Your Personal Information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services (including, without limitation, the Service). We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Other Sites, Mobile Applications, and Services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Data Transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

European Union residents should read the important information provided below about transfer of personal information outside of the European Union.

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of thirteen (13). If a parent or guardian becomes aware that their child has provided us with information without their consent, then they should contact us. We will delete such information from our files as soon as reasonably practicable. Similarly, if we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents and guardians with concerns to contact us.

We define "child" as follows:

• Residents outside of Europe: anyone under thirteen (13) years old; and

Residents of Europe: anyone under sixteen (16) years old, or the age needed to consent to the processing of personal information in your country of residence.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the Last Updated date above and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to info@drivemerlin.com. You may also call us at: +1 (424) 290-0330. Additionally, you may write to us via postal mail at:

            Merlin Mobility, Inc.
            Attn: Legal – Privacy
            1023 Walnut Street, Suite 100, Boulder, CO 80302

Information for California Residents – Your California Privacy Rights

If you are a California resident, you have the following rights:

• Information. To request that we disclose the following information about our collection and use of your personal information during the past 12 months:

• The categories of personal information that we have collected about you;

• The categories of sources from which personal information is collected;

• The business or commercial purpose for collecting or selling personal information;

• The categories of third parties with whom we share your personal information;

• Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of recipient; and

• Whether we have sold your personal information, and, if so, the categories of personal information received by each category of recipient.

• Access. To request a copy of the personal information that we have collected about you during the past 12 months.

• Deletion. To request that we delete personal information about you that we have collected from you.

• Opt Out of Sales. To direct us not to sell your personal information if we do, and if you are under 16 years of age, we are required to ask for affirmative authorization from you to sell your personal information before we do so.

• Nondiscrimination. To exercise your rights described above free from discrimination, such as denial of goods or services; price/rate increases for goods or services (including through grants of discounts/benefits or imposing penalties); decreases in service quality; or suggesting that such discriminatory acts may occur if you exercise your rights. However, a difference in price or service quality is not discriminatory if reasonably related to the value to our business of the personal information we are unable to use due to the exercise of your rights, and we may offer you certain financial incentives that can result in different prices, rates, or service quality.

How to Exercise Your Rights.

You may exercise the rights described above as follows:

• Right to Opt Out of Sales

Currently, Merlin Mobility does not sell your personal information. However, if we do in the future, we will provide you with a mechanism to exercise your right to opt out of sales of your personal information by visiting the following web page: Do Not Sell My Personal Information.

• Right to Information, Access, and Deletion

You may exercise the information, access, and deletion rights described above by submitting a verifiable request to us by:

            Calling: +1 (424) 290-0330;
            Emailing: info@drivemerlin.com; or
            Writing: 1023 Walnut Street, Suite 100, Boulder, CO 80302.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child under 13.

The verifiable request must:

• Provide sufficient information that allows us to reasonably verify you are a California resident about whom we collected personal information or their authorized representative; and

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

These rights are not absolute, are subject to exceptions, and we may be required or permitted by law to decline your request.

Personal Information That We Collect, Use, and Share

The chart below provides information that we are required to give you under California law about the categories of personal information that we have collected, used, and shared in the twelve (12) months preceding the last update of this Privacy Policy. See above for a description of the sources of the personal information we collect, as well as the business and commercial purposes for which we collect, use, and share this information.

Category* Do we collect this info? Do we share this info with third parties Do we “sell” this info?***
for business purposes?**

Identifiers Yes Yes No

Online Identifiers Yes Yes No

CA Customer Records Yes Yes No
Categories

Protected Classification No No No
Characteristics

Commercial Information Yes Yes No

Biometric Information No No No

Internet or Network Yes Yes No
Information

Geolocation Data No No No

Sensory Information No No No

Professional or No No No
Employment Information

Education Information No No No

Inferences Yes Yes No

Other Personal Information No No No

* For a description of these categories, see the definition of Personal Information in Section 1798.140(o)(1) of the California Consumer Privacy Act.

** See the Section of this Privacy Policy titled “How We Share Your Personal Information” for a description of the business purposes for which we disclose your personal information and the categories of third parties to which we disclose it.

*** Our use of your personal data in a manner that may constitute a “sale” under California law is for analytics, marketing, and advertising purposes.

In addition to these rights, as provided by California Civil Code Section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our Affiliates and/or third parties, for marketing purposes, and providing contact information for such Affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at: info@drivemerlin.com. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Notice to European Residents

The information provided in this “Notice to European Residents” section applies only to individuals in Europe.

Personal Information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. Merlin Mobility, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.

Legal Bases for Processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing Purpose Legal Basis
Details regarding each processing purpose listed
below are provided in the section above titled
“How We Use Your Personal Information.”

• To Operate the Service Processing is necessary to perform the contract governing our provision of the Service
or to take steps that you request prior to signing up for the Service. If we have not
entered into a contract with you, we process your personal information based on our
legitimate interest in providing the Service you access and request.

• For Research and Development These activities constitute our legitimate interests. We do not use your personal information
• To Send You Marketing and Promotional Communications for these activities where our interests are overridden by the impact on you (unless we
• For Compliance, Fraud Prevention, and Safety have your consent or are otherwise required or permitted to by law).
• To Create Anonymous, Aggregated, or De-identified Data

• To Comply with Laws Processing is necessary to comply with our legal obligations.

• With Your Consent Processing is based on your consent. Where we rely on your consent, you have the right to
withdraw it any time in the manner indicated when you consent or in the Service.

Use for New Purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason(s) is (are) compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive Personal Information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us.

If you provide us with any sensitive personal information when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information on or through our Service.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. 

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have otherwise collected about you, we will dissociate such information from the information attached to your content. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

Your Rights

European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.

• Correct. Update or correct inaccuracies in your personal information.

• Delete. Delete your personal information.

• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.

• Restrict. Restrict the processing of your personal information.

• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to info@drivemerlin.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us at info@drivemerlin.com or submit a complaint to the data protection regulator in your jurisdiction. 

Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed as follows:

• Pursuant to the recipient’s compliance with Standard Contractual Clauses or Binding Corporate Rules and certain supplementary technical and organizational measures;

• Pursuant to the consent of the individual to whom the personal information pertains; and/or

• As otherwise permitted by applicable European requirements.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.