Privacy Policy

PRIVACY POLICY

BACKGROUND

Avis Philippines Mobility Solution (“Avis and affiliates “, “our”, “us”, or “we”) provides a proprietary service (the ”Avis Platform”) centered around a smart phone application (the “Application”) that enables persons who seek transportation services (“Riders”) to be matched with third-party transportation service providers (“Drivers”), and to facilitate transactions among Riders and Drivers who use the Avis Platform (together referred to as “Users”). The Avis Platform includes the Application and any other features, content, websites or applications offered from time to time by Avis in connection with the Application. THE Avis PLATFORM DOES NOT INCLUDE THE PROVISION OF TRANSPORTATION SERVICES. Avis IS A TECHNOLOGY PROVIDER, NOT A TRANSPORTATION CARRIER, AND Avis HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY THIRD PARTIES.

Avis is committed to protecting our users’ privacy. The following Privacy Policy outlines the information Avis may collect and how we may use that information to better serve visitors and members while using our Website, such as http://www.avis.com.ph and our Mobile Application.

BY USING OUR WEBSITE AND MOBILE APPLICATION (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices.

If you have questions about this Privacy Policy, please contact us at customercare@avis.com.ph.

INFORMATION WE COLLECT

When you use these services, you'll share some information with us. So we want to be upfront about the information we collect, how we use it and the controls we give you to access, update and delete your information.

Upon registration with the Service (either as a consumer, partner or driver), a user profile is developed to further customize the user’s experience. The current required data fields are:

Email

Password

Name

Phone number

Date of birth

Gender

Installed Application

User's image Information

In addition, tracking information - which will be used in the background - is collected as you navigate through our website (the “Website”) or use the Service, including, but not limited to geographic areas. If you are traveling in a vehicle ordered via the Service, the driver’s mobile phone will record your GPS coordinates. Most GPS enabled mobile devices can define one’s location within operation area. We collect this information in order to calculate your fare and do not use it for any other purpose.

We collect users’ device types and unique identifiers. We use this information for the sole purpose of providing you with the most up to date application and features. You may also choose to upload a photo while using the site or application, if you wish to do so, this information may be viewable by the drivers who are picking you up so that they are able to verify your identity. You may remove such photos or update them at any time by logging into your account. If you use our services through your mobile device, we will track your geo-location information so that you are able to view the drivers in your area, set your pick up location, and so that drivers are able to find your pick up location We will not share this information for any other purpose and will only use this information for the sole purpose of fulfilling your request. You may at any time no longer allow our application to track your geo-location information by turning off the geo-tracking function on your mobile device.

To help us serve you, we use “cookies” to store and sometimes track user information. A cookie is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your web browser.

Users of the Website should be aware that non-personal information and data may be automatically collected by virtue of the standard operation of the Company’s computer servers or through the use of “cookies”. Cookies are files used by a website to recognize repeat users. They enable website to track web usage behavior. Cookies take up minimal room on your computer and cannot damage your computer’s files. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. Users should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. There may, however, be some features of the Service which require the use of cookies in order to customize the delivery of information to you.

The use of third party cookies is not covered by our privacy policy. We do not have access or control over these cookies.

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information (phone number and installed application information). The information that we request will be retained by us and used as described in this privacy policy.

The app does use third-party services that may collect information used to identify you.

Link to the privacy policy of third-party service providers used by the app

CHILDREN UNDER 13

The Site and Services are not directed to children and children are not eligible to use our Sites or Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Services.

HOW WE USE YOUR INFORMATION

Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. We use this information to closely monitor which features of the Service are used most, to allow you to view your trip history, store your credit card information with our PCI certified payment partner, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources, we use the mobile information collected so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases marketing purposes. We use the credit card information you provide to us so that we are able to bill you for services.

The Company uses your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer our Website. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.

SERVICE-RELATED ANNOUNCEMENTS

We will send you strictly service-related announcements on rare occasions when we deem it necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you may deactivate your account.

CUSTOMER SERVICE

Based upon the personally identifiable information you provide to us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

TARGETED ADVERTISING

We may use your user information to engage in Targeted advertising. This information is a collection of a user’s including the user’s web browsing and search history. This information is used to select which http://www.avis.com.ph advertisement should be displayed to a particular individual on websites other than http://www.avis.com.ph. For example, if you have shown a preference for nursing while visiting http://www.avis.com.ph, you may be served an advertisement from http://www.avis.com.ph for nursing related programs when you visit a site other than http://www.avis.com.ph. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any personal information such as an individual’s name, address or credit card number. Targeted advertisements may come from http://www.avis.com.ph or through third party website publishers.

OUR DISCLOSURE OF YOUR INFORMATION

We do not sell, rent or trade your personal information or geo-location information. We will only use this information as disclosed within this privacy policy.

The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, due to following reasons:

The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as required by law.

If we are involved in a merger, acquisition, or sale of all or a portion of Avis you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any additional choices you may have regarding the protection of your personal information.

ACCESS TO YOUR PERSONAL INFORMATION

If your personal information changes, or if you no longer desire our service, you may correct, delete, or amend it by making the change on our member information page or by emailing us at  customercare@avis.com.ph. We will respond to your access request within 30 days.

We will retain your information (including geo-location) for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that we no longer use your information to provide you services, you can do by selecting "Delete Account" on your profile tab. Alternatively, you can request to delete your account at customercare@avis.com.ph. When your account is deleted, all the personal information and other data linked to it is also deleted.

We will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY

The personally identifiable and geo-location information we collect is stored within our database, We use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) to protect your information. However, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. We recommend that you not disclose your password to anyone.

INVITE FRIENDS

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at customercare@avis.com.ph to request that we remove this information from our database.

SOCIAL MEDIA (FEATURES) AND WIDGETS

Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, the pages you visit on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

CHANGES IN THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

DISPUTE RESOLUTION

You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY 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. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

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 arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia 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.

Arbitration Location and Procedure

Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $1000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $1000, 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.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. 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. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, but only to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

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 $1000, and if you prevail in the arbitration by receiving damages for the claimed amount set forth in your complaint, Company will pay all such fees.

Changes

Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement)