Terms and Conditions | Privacy Policy

Legal Information and Terms and Conditions

These terms and conditions are effective as of March 1, 2022.

Welcome to the WingDriver website. Access to, and use of, this website (or any affiliate sub-domains thereof) or of the WingDriver Mobile Application without an organizational login (the “Mobile App”), or any other product or service that displays or references these terms and conditions are subject to the terms and conditions  below.

Please read this information carefully. Your access to and use of this website (or any affiliate sub-domains thereof) or the Mobile App, including any services accessible via this website or the Mobile App, signifies your agreement to follow and be bound by these terms and conditions. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE, MOBILE APP, OR ANY OF THE SERVICES PROVIDED. BY USING THIS WEBSITE OR THE MOBILE APP IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. YOU AGREE THAT BY USING THIS WEBSITE OR THE MOBILE APP YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THATYOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

WingDriver, Inc., together with its affiliates (collectively, “WingDriver”,”WingDriver, Inc.”, “we”, “us” and/or “our”), reserves the right to discontinue providing any of the services available on this website or Mobile App, to make changes or updates to this website or Mobile App, or to the products or programs described in this website or Mobile App, or to these terms and conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised terms and conditions. It is your responsibility to review these terms and conditions periodically.

Privacy

Your access to and use of our website and Mobile App are subject to full Privacy Policy, further down describes how WingDriver collects, uses, shares, transfers, and stores personal information. 

Proprietary Rights

Unless otherwise noted, all information and screens appearing on this website or in the Mobile App, including images, graphics, illustrations, design, icons, logos, images, photographs, video, data, text, documents, services, site design, underlying technology, and other materials that are part of this website or the Mobile App, as well as the arrangement thereof (collectively, “Content”), are protected by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by WingDriver. This website and the Mobile App as a whole are protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by WingDriver and its licensors. All third party trademarks, names and logos on this website or in the Mobile App are the property of their respective owners and are used solely to refer to those companies’ goods and services. All rights not expressly granted herein are reserved.

Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted Content is strictly prohibited without the express written consent of the copyright owner or licensor. Nothing contained on the website or the Mobile App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by WingDriver or by any third party.

Use of Website(s) and the Mobile App

Subject to all of the terms and conditions, you are authorized to use the WingDriver website(s) and the Mobile App, provided that:

1) you may not copy or otherwise distribute any part or Content in any medium whatsoever without the prior written authorization of WingDriver;

2) you may not attempt to disable, impair, or destroy the WingDriver website(s) and the Mobile App; and you may not alter or modify any of the Content unless otherwise expressly indicated, nor attempt to pass off any Content as your own;

3) you may not use, reproduce or publicly display or perform, or distribute any of the Content, unless an authorized officer of WingDriver has given you prior written consent to do so;

4) you may not “mirror” or “frame” any portions in any other environment without prior written consent from an authorized officer of WingDriver ;

5) you may not display or transmit WingDriver RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable, official WingDriver URL;

6) you may not insert any intermediate page, splash page, or other content between the WingDriver RSS link and the applicable, official WingDriver URL;

7) you may not perform any data mining, collection, extraction or scraping of the WingDriver website or Mobile App;

8) you will comply with the laws of the United States and foreign countries regarding the use of the Content ; and

9) you will otherwise comply with the other terms and conditions herein.

You are prohibited from circumventing, violating or attempting to violate any security features of the website or the Mobile App, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WingDriver in providing the website or the Mobile App.

WingDriver reserves the right to terminate the access of any user in its discretion, including without limitation, users who do not observe these terms and conditions and who infringe or otherwise violate the rights of others. Any violation of system or network security may subject you to civil and/or criminal liability.

Use of Software

WingDriver may make certain software available to you from its website or third party platforms such as mobile app stores and marketplaces. If you download WingDriver software, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by WingDriver, for your personal, noncommercial, home use only and shall be subject to any applicable End User License Agreement. WingDriver does not transfer either the title or the intellectual property rights to the Software, and WingDriver retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

Third-Party Materials on this website or the Mobile App

This website and the Mobile App may contain materials, information and/or other Content from third parties and licensors and suppliers to WingDriver, including software in executable or source code form (collectively, “Third-Party Materials”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Materials on your personal device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Material in any manner unless you have permission from the owner of the Third Party Material. Access, use and download of all Third-Party Materials contained in this website and the Mobile App are subject to the Disclaimers set forth below in the section entitled “Disclaimers and Limitations on Liability”. Unless expressly stated otherwise, WingDriver does not provide technical support for any materials posted on, downloaded from or linked to/from this website.

Links to Third-Party Websites

Any links to third-party websites found within this website are provided solely as an added convenience to you. WingDriver has neither reviewed the contents of these third-party websites nor does WingDriver claim any responsibility for the content or suitability of these third-party websites and WingDriver makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by WingDriver or any association with their operators.

Foreign Users

Third-Party Materials from this website and commercial activities conducted through this website may be subject to U.S. export controls. No Third-Party Materials may be downloaded or otherwise exported or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Similarly, a national of, resident of, or person located in such locations is not permitted to engage in commercial activities on this website (such as purchasing products or services or making payments). By downloading or using the Third-Party Materials or engaging in commercial activities on this website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, or on any such list. WingDriver makes no representation that materials in this website are appropriate or available for use in locations outside of the State of Michigan, Unites States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

DMCA Policy

If you are notifying WingDriver of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

1) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2) A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement

NAME:  André Azevedo

ADDRESS:

WingDriver, Inc.

PO Box 1398
Grand lake, CO 80447

EMAIL: wingdriver@wingdriver.com

We may terminate the privileges of any user who uses the website(s) or the Mobile App unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Feedback

WingDriver welcomes all comments, feedback, information, or materials regarding our website(s), the Mobile App, products or services (“Feedback”), which you submit to WingDriver by email or otherwise through or in conjunction with any of the website(s). Please note that Feedback shall be considered non-confidential and become the property of WingDriver. By submitting Feedback to WingDriver, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. WingDriver shall be free to use Feedback on an unrestricted basis.

Disclaimers and Limitations on Liability

YOU USE THIS WEBSITE OR THE MOBILE APP AT YOUR OWN RISK. THIS WEBSITE AND THE MOBILE APP IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WingDriver HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WingDriver DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE OR THE MOBILE APP.

WingDriver DOES NOT GUARANTEE THAT THIS WEBSITE OR THE MOBLE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THIS WEBSITE OR THE MOBILE APP MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WingDriver DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WingDriver DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THIS WEBSITE OR THE MOBILE APP DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WingDriver SHALL NOT BE LIABLE FOR DAMAGES TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE MOBILE APP, INCLUDING WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED WingDriver OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, MOBILE DEVICE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Indemnification

You agree to defend, indemnify and hold harmless WingDriver, its stockholders, officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys’ fees, arising from: (i) your access to or use of this website; (ii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; or (iii) your violation of any of these terms and conditions. This indemnification obligation will survive your use of this website or the Mobile App and any termination, expiration or modification of these terms and conditions.

Miscellaneous

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these terms and conditions or this website exclusively in a state or federal court located in Clarkson, Michigan and you consent to submit to the exclusive jurisdiction and venue of such courts. The laws of the State of Michigan will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

These terms and conditions, including the Privacy Policy, constitutes the entire agreement between you and WingDriver regarding use of this website and the Mobile App and supersedes any and all prior oral and written understandings, communications and agreements regarding use of this website or the Mobile App. None of these terms or conditions may be waived, modified or changed by any means other than posting on this website. If we fail to enforce any of these terms or conditions, it will not be considered a waiver.

All of our rights and obligations arising out of these terms and conditions are freely assignable by us.

None of these terms or conditions are intended to confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing our website or the Mobile App.

Privacy Policy

This Privacy Policy relates to WingDriver , Inc., together with its affiliates (collectively, “WingDriver ”, “WingDriver”, “we”, “us” and/or “our”), and describes our policies and practices with respect to your personal information (“Personal Information”) that you may give us or that we may collect about you, such as (i) when using our website or WingDriver Mobile Application (“Mobile App”) which contain a link to this policy, (ii) when entering information into an online form which contains a link to this Privacy Policy, (iii) when providing your Personal Information to a WingDriver representative at a tradeshow, or (iv) when you otherwise provide WingDriver with your Personal Information in a manner described in this Privacy Policy.

This Privacy Policy does not apply to the extent we process Personal Information in our role as a service provider on behalf of our clients.  For detailed privacy information related to a WingDriver client’s use of WingDriver website and Mobile App, please direct your inquiry to the respective client. We are not responsible for the privacy or data security practices of our clients, which may differ from those set forth in this Privacy Policy.

This Privacy Policy is effective as of October 1, 2021.

A Special Note for Parents Concerning Privacy

The WingDriver website and Mobile App are not intended for use by children. We do not knowingly accept Personal Information from any person under the age of 13. We ask that children (under the age of 13) do not submit any Personal Information to us.  

Information We Collect

The Personal Information we collect depends on how you interact with us, the website and Mobile App you use, and the choices you make.

We may collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.

Information you provide directly. We collect Personal Information you provide to us. For example:

  • Contact Information: for example, if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our website and Mobile App, sign up for or attend an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, or email address;
  • Demographic Information: for example, in some cases, such as when you register or participate in surveys, we may collect age, gender, marital status, and similar demographic details;
  • Financial Information: for example, if you make purchases via our website and Mobile App or register for an event, we may also require you to provide us (or our service providers who provide payment processing services) with financial information and billing information, such as billing name and address, credit card number, or bank account information;
  • Content and Files: for example if you contact us via telephone or email, we will collect and retain those communications (or records relating to those communications or if you participate in a survey we may collect information you submit related to your use of our website and Mobile App; or

Information we collect automatically. When you use our website and Mobile App, we collect some information automatically. For example: 

  • Identifiers and device information. When you access or use our website and Mobile App, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the Cookies, Mobile IDs, and Similar Technologies section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
  • Geolocation data. Depending on your device and app settings, we collect precise geolocation data when you use our apps or online services.
  • Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.

Information we create or generate. We may infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we may infer your general geographic location (such as city, state, and country) based on your IP address.

Cookies, Mobile IDS and Similar Technologies

What are cookies and similar technologies?

Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.

Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access the mobile IDs.

How do we and our partners use cookies and similar technologies?

We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect Personal Information (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including Personal Information about your online activities over time and across different websites or online services. This information is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.

These choices are specific to the browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.

  • Browser cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
  • Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
  • Email web beacons. Most email clients have settings which allow you to prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
  • Do Not Track. Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

If you do not wish for us or our partners to “sell” Personal Information relating to your visits to our sites for advertising purposes, you can make your Do Not Sell Request by emailing us or using the choices above in the previous section “What controls are available?” If you opt-out using these choices, we will not share or make available such Personal Information in ways that are considered a “sale” under the CCPA.  However, we will continue to make available to our partners (acting as our service providers) some Personal Information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” Personal Information or stop all interest-based advertising.

Our Use of Personal Information

We use the Personal Information we collect for purposes described in this Privacy Policy or otherwise disclosed to you. For example, we use Personal Information for the following purposes:

  • Operating our website and Mobile App: We base the processing of your Personal Information on our legitimate interest to operate and administer our website and Mobile App and to provide you with content you access and request (e.g., download of certain content from our website and Mobile App);
  • Analyzing and monitoring our website and Mobile App: We will process Personal Information to analyze overall trends, to help us provide and improve our website and Mobile App and assess whether they are functioning properly;
  • Promoting security of our website and Mobile App: We will process your Personal Information by monitoring use of our website and Mobile App, creating aggregated, non-personal information, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our website and Mobile App, and protecting our rights and the rights of others;
  • Handling contact and user support requests: If you fill out a “Contact Us” web form, request user support, or if you contact us by other means, we will process your Personal Information for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
  • Managing event registrations and attendance: We will process your Personal Information to plan and host the event, conference or webinar, including related communication with you;
  • Business Operations: We will process your Personal Information to operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations. For example, if you have provided financial information, WingDriver, or its service provider, will process your respective Personal Information to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the purchase order submitted by you;
  • Providing Mobile App Services: If you have installed and use our Mobile App, you provide us with GPS location information which is required in order for us to provide you with our Route Risk program. We also use other electronic information received from your mobile device to send updates to the Mobile App that includes driver safety tips.
  • Developing and improving our website and Mobile App: We will process your Personal Information to analyze trends, track your usage of our website and Mobile App and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our website and Mobile App and to provide our users with more relevant and interesting content;  
  • Displaying personalized advertisements and content: We will process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our website and Mobile App, and provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our website and Mobile App or, where necessary, to the extent you have provided your prior separate consent;
  • Sending business communications: We will process your Personal Information to send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages
  • Sending marketing communications: We will process your Personal Information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary to conduct direct marketing or to the extent you have provided your prior separate consent; and
  • Complying with legal obligations: We will process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our website and Mobile App, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.

 

Our Sharing of Personal Information

We share Personal Information with your consent or as necessary to complete your transactions or provide the website and Mobile App you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.

In addition, we share each of the categories of Personal Information described above for the following business purposes:

  • Our contracted service providers who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment;
  • If you use our website and Mobile App to register for an event or webinar, we may share your Personal Information with the entity responsible for organizing and/or managing the event to the extent this is required on the basis of the contract with you to process your registration and ensure your participation in the event;
  • With third–party social networks, advertising networks and website and Mobile App, which usually act as separate controllers, so that we can market and advertise on third party platforms and website and Mobile App;
  • In individual cases we may also share Personal Information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services;
  • We may also share your Personal Information with other affiliates to the extent this is necessary to fulfill a request you have submitted via our website and Mobile App, or for customer support, marketing, technical operations, or account management purposes;
  • If we are involved in a merger or reorganization, sell a website or Mobile App, or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Information to such third party; or
  • Any Personal Information or other information you choose to submit to public online forums (e.g. forums, blogs, or chat rooms) on our website and Mobile App may be read, collected, and/or used by others who visit these forums.

WingDriver does not sell or trade any Personal Information accumulated through its website and Mobile App in any manner inconsistent with this Privacy Policy. However, WingDriver , its partners, agents, officers and employees may provide specific information collected about you, including Personal Information, to third-parties if required to do so by law or in the good faith belief that such action is required to: (i) protect WingDriver against legal liability; (ii) protect and defend the rights or property of WingDriver, including without limitation, exchanging information with other companies and organizations for fraud protection or investigation; (iii) comply with a legal obligation; or (iv) act in urgent circumstances to protect the personal safety of visitors or the public.

Data collected from or about you may be used in an aggregate form, that is, as a statistical measure, and not in a form that would reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share these statistics with certain strategic relations.

 

Your Privacy Rights

You may have certain rights regarding your Personal Information, subject to your local privacy and data protection laws. 

If you are a resident of the European Union, these may include the following rights:

  • to access your Personal Information processed by us and receive copies of that information (right to access);
  • to rectify inaccurate Personal Information and ensure it is complete (right to rectification);
  • to erase/delete your Personal Information to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
  • to restrict our processing of your Personal Information (right to restriction of processing);
  • to transfer your Personal Information to another controller to the extent possible (right to data portability);
  • to object to any processing of your Personal Information carried out on the basis of our legitimate interests (right to object). Where we process your Personal Information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
  • not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making is not currently implemented as part of our website and Mobile App; and
  • to the extent we base the collection, processing and sharing of your Personal Information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

If you are a resident of the state of Michigan:

  • You have a right to request that we disclose to you the Personal Information we have collected about you.  You also have a right to request additional information about our collection, use, disclosure, or sale of such Personal Information.  Note that we have provided much of this information in this Privacy Policy;
  • You also have a right to request that we delete Personal Information under certain circumstances, subject to a number of exceptions.  Please note, if your request relates to data processed by WingDriver in connection with WingDriver’s role as a service provider for clients, you must direct your request to the client;
  • You have the right to not receive discriminatory treatment because you exercised any of your privacy rights; and
  • You have the right to designate an authorized agent to make requests under the Michigan Consumer Privacy Act; provided however that you must submit written proof of such designation to us and we may require additional verification.  

We do not knowingly sell Personal Information of minors under 16 years of age.

To exercise your rights, please contact us either by email or mail in accordance with the “Contact” section below.  Please note that we must verify any requests pursuant to this section to ensure the individual making such request is authorized to exercise such rights. Therefore, you must submit your name and email address, as well as confirm access to such email address, in order for us to process your request.  WingDriver will comply with the applicable privacy and data protection laws and the exercising of your rights under such laws, however please note that such rights specified above are not absolute, and exemptions may be applicable. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. 

WingDriver may also process Personal Information in the role of a processor on behalf of WingDriver clients’ use of WingDriver services. If your Personal Information has been submitted to us in connection with WingDriver’s provision of services to a client, and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the specific client directly. Because we may only respond to a request related to our client’s data with such client’s permission, if you wish to make your request directly to us, please provide the name of the WingDriver client who submitted your information when contacting us. We will refer your request to that client, and will support them as needed in responding to your request within a reasonable timeframe.  If you are an employee of a WingDriver client, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

 

Preferences for Marketing Communications

If we process your Personal Information for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe by contacting us using the information in the “Contact” section below. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.

Security

We take reasonable and appropriate steps to help protect Personal Information from unauthorized access, use, disclosure, alteration, and destruction.

International Transfer of Information Collected

Our servers, and service providers, are located in the United States. Accordingly, if you reside outside of the United States, by accessing or using our Products and Service, you agree that your information will be transferred to the United States, and processed and stored in the United States. You also acknowledge and agree that your information may be transferred to facilities of those third parties with whom we share data as described herein.

Individuals Located in the European Union: Your Personal Information may be processed outside the European Economic Area (“EEA”), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.  By submitting any of your Personal Information to the Products and Service(s), you consent and agree to the transfer of your Personal Information to WingDriver and its affiliates, as well as WingDriver’s service providers which include without limitation, SalesForce.com, Marketo, Amplitude, SendGrid, SnapApp and AtEvent.

Limitation of Liability

By providing us with any Personal Information you expressly and unconditionally release and hold harmless WingDriver, Inc., and its subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while WingDriver takes efforts to ensure the proper and appropriate use of data provided by WingDriver to third party companies, promotional partners or vendors, WingDriver is not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by WingDriver or the above-mentioned non-WingDriver entities.  The foregoing shall not apply where such limitation of liability is prohibited by law.

Reservation of Rights

WingDriver reserves the right to change this Privacy Policy at any time, for any reason, without prior notice. Your continued use of this website and Mobile App after any changes have taken effect will indicate that you have agreed to the terms of the revised Privacy Policy. We recommend that you check this Privacy Policy regularly for changes and updates.

External Links

Our website and Mobile App may include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide Personal Information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements.

Changes in Corporate Structure

Notwithstanding any of the foregoing, WingDriver may sell, share or otherwise transfer some or all of its assets, including information gathered by one of its websites, in connection with a bankruptcy, merger, acquisition, reorganization or sale of substantially all of its assets or substantially all of the assets of a division or other unit of WingDriver. You acknowledge that such transfers may occur and that any acquirer may continue to use your Personal Information as set forth in this Privacy Policy.

Changes to this Privacy Statement

We will update this Privacy Policy when necessary to reflect changes in our website and Mobile App, how we process Personal Information, or the applicable law. When we post changes to the Privacy Policy, we will revise the “Last Updated” date at the top of the statement.  If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.

How to Contact Us

If you have a privacy question, concern, or complaint, please contact the WingDriver Privacy Department directly by e-mail at wingdriver@wingdriver.com. If you prefer to contact us by mail, please send any communications to:

WingDriver, Inc.

PO Box 1398
Grand lake, CO 80447