Haute Cars (“[Fleet]“, “our”, “us”, or “we”) provides a proprietary service (the ”Haute Cars
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 Haute Cars Platform (together referred to as “Users”). The Haute Cars
Platform includes the Application and any other features, content, websites or applications
offered from time to time by Haute Cars in connection with the Application.
THE Haute Cars
PLATFORM DOES NOT INCLUDE THE PROVISION OF TRANSPORTATION SERVICES. Haute Cars IS A
TECHNOLOGY PROVIDER, NOT A TRANSPORTATION CARRIER, ANDHaute Cars HAS NO
RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY THIRD
the informationHaute Cars may collect and how we may use that information to better serve
visitors and members while using our Web site, and our Mobile
BY USING OUR WEBSITE AND MOBILE APPLICATION (COLLECTIVELY, THE “SERVICE”), YOU
you understand our privacy practices. If you have any questions please contact us at email@example.com
INFORMATION WE COLLECT
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:
Date of birth
In addition, tracking information 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 to within [100
feet]. We collect this information in order to calculate your fare and do not use it for any
We also 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 geolocation
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
of information to you.
control over these cookies.
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
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.
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
OUR DISCLOSURE OF YOUR INFORMATION
We do not sell, rent or trade your personal information or geo-location information. We will
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, to process payment, provide customer support, provide geolocation
information to our drivers, to host our job application form, to perform Website-
related services (e.g., without limitation, maintenance services, database management,
web analytics and improvement of the Website’s features) or to assist us in analyzing how
our Website and Service are used. These third parties have access to your personal
information only to perform these tasks on our behalf and are obligated not to disclose or
use it for any other purpose. We may also provide personal information to our business
partners or other trusted entities for the purpose of providing you with information on goods
or services we believe will be of interest to you. You can, at any time, opt out of receiving
such communications by contacting those third parties directly.
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 [Fleet] 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 inaccuracies, or amend it by making the change on our member information
page or by emailing firstname.lastname@example.org . We will respond to your access request within
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 cancel your account or request that we
no longer use your information to provide you services contact us. We will only
retain and use your information as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
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.
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 email@example.com 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
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.
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.
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.
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.
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 $…, 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.
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).