Privacy Policy

Last updated July 1, 2024

I. Introduction

II. What Personal Information does SHIFTR collect or process?

III. How does SHIFTR collect or receive Personal Information?

IV. How does SHIFTR use Personal Information?

V. SHIFTR’s disclosure of Personal Information

VI. Your Privacy Rights and Choices

VII. Security and Retention

VIII. Cross-Border Transfers of Personal Information

IX. Third-Party Sites

X. How to Contact Us

XI. Changes to this Privacy Policy

I. Introduction

This Privacy Policy (“Policy”) describes how SHIFTR, LLC and its affiliates (“SHIFTR”, “we”, “our”, or “us”) collect, process, retain, and disclose your Personal Information when providing its services, including, but not limited to, its consumer platforms, websites, any website, platform or application that contains or includes a link to this Policy, and channels of communication (collectively the “Services”).

II. What Personal Information does SHIFTR collect or process?

Personal Information is any information that SHIFTR can reasonably use to identify you, whether that information identifies you on its own or when combined with other information. Anonymous information and information that has been de-identified such that it cannot identify you is not Personal Information.

We may process the following categories of Personal Information in connection with our Services:

Contact Information, including name, address (such as home address, work address, or other addresses), email address(es), phone number(s), and other contact information provided to us.

Identification Information and Signature when filling out the Driver Waiver Form, including date of birth and driver’s license or other government issued identification documents, which we use to confirm legal and regulatory compliance for you to operate a motor vehicle on public roads.

Communications with SHIFTR and Instructors, including communications with Instructors through or in-connection with our Services (including, without limitation, through our and third-party platforms), SMS/text messages, phone calls, chats, and emails with us related to our Services, customer support inquiries and outreach, the date and time of communications, method or channel used, call recordings (if applicable), the outcomes, actions, and/or resolutions from the communications, and other information.

Content you create or share, including reviews about experiences on our platform, such as ratings of an Instructor, or photos you upload.

Payment Information, including credit card or debit card information and information about the payment methods and services used to make purchases on or through our Services. Payment information is primarily stored and processed by our third-party service providers, including our payment processors; however, we may store and process limited payment-related information such as the last four digits of a payment card, name of the financial institution, and payment service.

Activity and Transactions on or with our Services, including information about the services purchased, purchase history, special instructions included in a booking, transaction amounts, promotional codes and discounts used and received, the Instructor booked, gift cards ordered, the features and functionality used or interacted with, searches and actions on our Services (including through using session replay technology), responses to our surveys or other market research activities, participation in sweepstakes, promotions, or contests, photos and/or videos that you may send or provide to us related to your activity and transactions on or with our Services, and use of our referral program or other special programs (including information about those you have referred).

Geolocation Information, if you have consented by enabling location access, we may receive and store your precise location information. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience including the accuracy or the availability of certain content, features and functionality. If you have not allowed us to receive your precise location, we can only determine your approximate location.

Device Information, including information about the computers, phones, and other devices you use to interact with SHIFTR or our Services, internet-protocol address, device-based identifiers, operating system and version, preferred language, hardware model identifiers, browser information including type and settings, and other device information.

Information from Third Party Offers. We may collect information that you use to register for, and your activity with, third parties in connection with co-branded or third party offers from us and our partners.

Some of the information identified above that you choose to provide us (specifically, date of birth, government issued identification numbers and your signature, which we receive when you fill out the Driver Waiver Form and use to confirm legal and regulatory compliance for you to operate a motor vehicle on public roads), may be considered sensitive Personal Information under the laws of some jurisdictions. We do not use any sensitive Personal Information for purposes other than as reasonably expected by an average consumer to provide our Services, for legal, security and safety purposes, and without the purpose of inferring characteristics about an individual.

When we process de-identified information, we maintain and use the information in de-identified form, and do not attempt to re-identify the information, except as permitted by applicable law.

III. How does SHIFTR collect or receive Personal Information?

From Users of our Services: We receive information from users of our Services, such as when a booking for our Services is made, participation in surveys, participation in sweepstakes, promotions or contests, creating or posting content such as photos or reviews, contacting us, or signing up for additional Services or programs (e.g., our referral programs). If a user provides Personal Information for or about others, such as in connection with our referral programs, the user represents that they have all necessary rights and consents to provide the other person’s Personal Information to us.

Automatically Through Our Services: When you use our Services, certain Personal Information is collected automatically from your device and browser.

Through Cookies and Similar Technologies: Cookies are small text files that are placed on your device, commonly through your browser, and that are used to record information such as settings. Depending on your settings, certain of our Services, including our website, may receive information about you from or through cookies or similar technologies (such as pixels or software development kits).

From our Service Providers: We may receive Personal Information from service providers whom we engage to perform services on our behalf, including communication services providers (e.g., email, SMS/text message, etc.), payment providers and processors, market research services providers, providers of services promotions, sweepstakes and contests, gift card program providers/vendors, and those that provide us with marketing, advertising, analytics, security, fraud, and identity verification services.

From Partners: We may receive Personal Information from our business partners, such as in connection with co-branded or third party offers you participate in that are available from SHIFTR and its business partners.

From Employers: If an employer has signed up for certain programs or Services, we may receive certain Personal Information from them to facilitate your use of our Services.

From Legal Claims, Disputes, Requests, and Orders: we may collect Personal Information from third parties or persons, such as law enforcement agencies, government agencies or authorities, users and non-users of our Services, and any other person or party who may be involved in the matter.

IV. How does SHIFTR use Personal Information?

Depending on which Services you use and how you interact with us, SHIFTR may use your Personal Information (as described in Section II above):

To Provide and Customize SHIFTR Services, including allowing you to place and pay for bookings, facilitating the bookings you place on or through our Services, recommending and ranking Instructors based on your searches, location, reviews and booking history, facilitating participation in promotions, sweepstakes and contests, making promotions, special offers and opportunities available to you, allowing or enabling you to purchase our gift cards, displaying reviews, photos and other content you post publicly, and customizing your experience (including, but not limited to, customization based on your preferences, location, and past use of our Services).

To Provide Customer Support, including by exchanging communications, investigating, analyzing, and remediating support issues as it relates to bookings, evaluating our customer support and making improvements, and ensuring that support issues are handled in accordance with our internal standards, processes, and requirements and according to applicable law.

To Develop, Analyze, and Improve our Services, including debugging or troubleshooting our Services, understanding how you and other customers use our Services and your preferences, improving the Services, and developing new Services or initiatives to provide our users with the best experience possible.

To Advertise and Promote SHIFTR and our Services, including displaying advertising related to our Services or Instructors on our Services and on third-party websites and platforms, improving, developing and implementing marketing campaigns, analyzing whether our advertising is effective, and showing you ads that are most relevant to you about SHIFTR and our Instructors. To opt-out of ad personalization on third-party platforms, please see information on the right to opt-out of the sale or sharing below.

To Allow and/or Facilitate Communications with SHIFTR and Instructors, including communications about our Services, Service updates, bookings, changes to our terms and policies, and to allow or facilitate communications with SHIFTR and Instructors.

For Authentication, Integrity, Security, Quality and Safety, including verifying your identity as applicable to our Services, providing a secure payment and shopping experience, to detect, investigate, and prevent malicious or illegal conduct, bugs, malware, fraudulent activity, illegal or unsafe experiences, and any other actions we deem necessary to protect your safety and security as well as that of other people, property, and businesses, and to secure our Services.

For Legal Reasons and Policy Compliance, including to comply with our obligations under applicable law and to respond to valid legal process (e.g., requests or orders from law enforcement, courts, regulators and other government agencies), to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, to enforce or investigate potential or actual violations of our terms, policies or other legal agreements, to investigate, monitor or mitigate any actual or alleged illegal activities in connection with our Services, to comply with any tax obligations, to perform audits and assessments, and to enable you to exercise your rights as legally required.

V. SHIFTR’s disclosure of Personal Information

Depending on which SHIFTR Services you use or interact with, SHIFTR may provide or disclose Personal Information (as described in Section II above) as follows:

To Service Providers: To enable us to meet our business operations needs and to perform our Services, we may provide Personal Information to our service providers and vendors, including, but not limited to, providers of identification and verification services, cloud services, payment services, gift card program services, auditing services, security services, marketing and advertising services, promotions, sweepstakes and contest services, market research services, communication services, analytics services that help us understand usage of our Services, market enrichment services, location and mapping services, and customer support functions. These service providers may access, store and process your personal information outside of the jurisdiction in which you reside, including, without limitation, outside of the United States.

To Instructors: We disclose Personal Information to Instructors in connection with the Services including, without limitation, disclosing Personal Information such as your name (first name and last name), email address, telephone number, booking information (which includes information on products purchased), and user instructions (e.g., comments), for fraud, trust, and safety concerns or matters. By placing a booking, you acknowledge and agree that the Instructor may use your Personal Information to facilitate the booking (including using your contact information to communicate with you via phone calls, emails and/or SMS/text messages about the booking). The Instructor is solely liable and responsible for all communications initiated or sent by the Instructor to you.
Publicly: We display content and information that you share publicly, or permit or authorize us to share publicly, such as reviews about Instructors or photos, so that others can read and learn about your experiences with Instructors on our platform and our Services.

To Marketing and Advertising Partners: We may use third-party marketing and advertising partners to deliver advertising to you on behalf of SHIFTR and/or our Instructors, including advertising that may be personalized based on your interactions with our Services as well as your activity on third-party services.

For Actual or Potential Corporate Transactions: If we are involved in strategic transactions including any sale, merger, acquisition, joint venture, assignment, transfer, reorganization, bankruptcy or receivership, we may disclose your Personal Information and other information in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

To Government Authorities or where Legally Required or Permitted: We and our service providers (including domestic and foreign service providers) may share your Personal Information, including information about your interaction with our Services, with third parties such as government authorities, industry peers, or other third parties if legally required or permitted, or as necessary to enforce our agreements, prevent fraud, or protect the rights, property, or safety of our business, employees, Instructors, customers, or other persons or parties. These disclosures may include lawful access by US courts, law enforcement, or other government authorities.

SHIFTR's Group of Companies: We may disclose your Personal Information to our corporate subsidiaries and affiliates in connection with our Services and business activities for use in connection with the purposes and uses described in this Policy.

Other Third Parties or Persons: We may disclose or provide your Personal Information to other third parties or persons, such as with your consent or at your direction, including to individuals to whom you refer SHIFTR or the Services, in connection with co-branded opportunities, or to your employer if you are using our Services through your employer’s use of our SHIFTR service.

VI. Your Privacy Rights and Choices

Your Privacy Rights

We offer you tools and processes to manage and make choices regarding your Personal Information. Depending on your jurisdiction, and subject to certain exceptions, exemptions, and restrictions, you or your authorized agent may exercise the following rights:

Access/Portability: You may have the right to request access to your Personal Information and receive it in a portable and machine-readable format.

Deletion: You may have the right to ask us to delete your Personal Information, although this may impact your ability to use the Services. Please note that we will keep a record of all rights requests and therefore will retain limited Personal Information in connection with such record.

Correction: You may have the right to correct, rectify, or update inaccurate Personal Information that we hold about you.

Opt-Out of Sale or Sharing (Targeted Advertising or Ads Personalization): We may disclose Personal Information (e.g., identifiers and service and platform usage) to advertising partners to provide you with personalized ads on third-party platforms, which may constitute a “sale” or “sharing” of your Personal Information. You have the right to opt-out of our selling or sharing (for purposes of targeted advertising) of your Personal Information. To opt-out of the sale or sharing of Personal Information, use the “Do Not Sell or Share My Personal Information” link on helloshiftr.com.
You may choose to enable with your browser, where available, global privacy controls ("GPC") to automatically communicate your opt-out preferences to us when you use said browser. If you have enabled GPC on your browser, we will treat this the same as if you have opted-out through the browser-level opt-out option available above.

Right to Appeal: You may have the right to appeal decisions that we make with regards to a rights request.

Right to Withdraw Consent: You have the right to withdraw consent when consent is legally required (subject to our legal or contractual restrictions and reasonable notice). If you withdraw consent, we may not be able to provide certain services to you.

SHIFTR will not discriminate against you for exercising any of your applicable rights. We reserve the right to deny your request if we cannot verify your identity or if an exemption or exception applies.

Exercising Rights

If you have questions on how to exercise your rights, please contact us at privacy@helloshiftr.com. We will provide a timely response in accordance with applicable law. You also may contact us at (279) 888-1975 to exercise an applicable right. When contacting us, please provide your first and last name, email address, your address of residency, identify the right(s) that you wish to exercise, and identify whether your are a customer, a non-customer, or in another category or grouping.

For rights requests from authorized agents, the requests should be submitted to privacy@helloshiftr.com and include the following: (i) first and last name and email address for the data subject and the authorized agent, (ii) evidence of the authority granted to the agent (such as a power of attorney), (iii) information on the data subject’s relationship with SHIFTR (e.g., customer, a non-customer, etc.), (iv) the specific right(s) being exercised, and (v) “Authorized Agent Request” in the subject-line.

Additional Choices

To opt-out of promotional and marketing notifications and emails, you may use the Email Unsubscribe Functionality. Promotional emails include an option to change your email preferences at the bottom of the email.

VII. Security and Retention

We use commercially reasonable administrative, organizational, technical and physical security controls to protect your Personal Information from unauthorized access, modification, disclosure, or destruction. However, we are not able to guarantee that your Personal Information is absolutely secure, since no Internet or email transmission is ever fully secure or error free. You should take special care in deciding what information you send to us via our Services or when you communicate with us through email, SMS/texts, chat, or other modes of communication. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on our Services or those on third-party websites. Please recognize that protecting your Personal Information is also your responsibility and we urge you to take precautions to protect your Personal Information. If you have reason to believe that any interaction with us is no longer secure please let us know immediately by contacting SHIFTR support or as indicated below in Section X (How to Contact Us) of this Policy.

We retain your Personal Information for only as long as required to provide our Services to you and engage in the uses described in this Policy, unless a different retention period is required by applicable law.

The criteria used to determine our retention periods include the type of Personal Information being processed, along with:

The time necessary to fulfill the purposes for which we collected the information.
The duration and status of your relationship or connection with us.
Any retention period required for our compliance with legal, regulatory, or government requirements, including the period during which civil claims or regulatory actions may be filed or otherwise commenced and the period needed to resolve ongoing legal proceedings.
Our internal obligations, contractual commitments, including with Instructors, and other requirements.

VIII. Cross-Border Transfers of Personal Information

The Personal Information processed in connection with this Policy, including, without limitation, by us and/or our third-party service providers, may be stored and processed on systems and servers and accessed by persons and parties, located outside of the jurisdiction where you live (including, without limitation, outside of the United States), including storing, accessing, and processing the Personal Information in the United States and other global locations whose data protection laws may differ from those where you live.

IX. Third-Party Sites

Our Services may link to other third-party websites that are not controlled by SHIFTR, such as when you purchase a gift card. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party websites, it will be subject to the privacy policies and practices of that third party.

X. How to Contact Us

For questions or concerns related to this Policy, please contact us at privacy@helloshiftr.com or:

SHIFTR, LLC

Attn: Legal

PO Box 1552

Lincoln, CA 95648

XI. Changes to this Privacy Policy

We may update this Policy periodically to account for changes in how we collect and process your Personal Information. Any updates to this Policy will be posted on our website with a revised “Last Updated” date at the top, and we will provide additional notice in the event of any significant changes in how we use your Personal Information. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated.

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