Effective: April 10, 2019
We at Toucan and our related companies (collectively “Toucan,” “We,” “Us,” or “Our”) are strongly committed to transparency, and We want you (“You” or “Your”) to understand how We collect, use, share and protect Your personal information, as well as how You can manage the personal information We collect. This Privacy Notice applies to Your interaction with:
- Our network of websites, including www.li.me, and any versions optimised for viewing on a wireless or tablet device (collectively, the “Websites”);
- All email newsletters that We publish or distribute;
- All apps that We publish, including the Toucan App (collectively, the “Apps”);
- All products and services that We make available or provide pursuant to the User Agreement and Terms of Service (collectively, for the purposes of this Privacy Notice, the “Services”); and
- All other interactive features and communications that We provide, operate or make available pursuant to the User Agreement and Terms of Service, no matter how accessed or used (collectively, the “Features”).
This Privacy Notice does not apply to information that You provide to third parties, including those to which We link.
By using any of Our Websites, Apps, Services or Features, You are accepting the terms of this Privacy Notice. If You do not agree to the terms of this Privacy Notice, please do not use any of the Websites, Apps, Services, or Features. If You do not understand, or if have any questions about, this Privacy Notice, please contact Us by email at email@example.com before using, or continuing to use, any of Our Websites, Apps, Services or Features.
We reserve the right to change Our Privacy Notice from time to time by posting the changes here. We will also provide You with notice by prominently posting on our Websites, providing a push notification through Our App, or via email, or any or all of the above, if We make any changes to this Privacy Notice that significantly affect your rights. Your use of any of Our Websites, Apps, Services, or Features after We have made changes to Our Privacy Notice will mean that You have accepted those changes.
The Types of Information We Collect
We collect two basic types of information from You when You use or interact with any of Our Websites, Apps, Services or Features: personal information and non-personal information.
- Personal information includes all information that relates to You personally and either identifies, or may be used to identify, You personally. We may collect the following types of personal information from You depending upon how You interact with Us or use or interact with Our Websites, Apps, Services or Features, including Your:
- e-mail address;
- telephone number;
- postal address;
- credit card;
- billing and contact information;
- demographic information; and
- location information (collectively, “Personal Information”).
- Non-personal information includes information that does not personally identify You (collectively, “Non-Personal Information”).
Personal Information We Collect from You
Toucan needs to collect Personal Information from you in order to provide you with Our Services, as well as to improve Your customer experience. You may provide Us or Our agents with Personal Information in several ways, including, for example, when You:
- Register for an account, create a user profile, or provide payment information;
- Manage Your account;
- Use one of Our Websites, Apps, Services, or Features;
- Register for an event We sponsor;
- Authorise Us to collect Your social media information;
- Upload content to one of Our Websites or Apps;
- Sign up to receive alerts or other information via email, text or instant message from Us;
- Ask for customer service, support or other assistance;
- Participate in communities or other forums, or comment on blog entries;
- Interact with Us in any other way, including through one of Our Websites or Apps; or
- Submit an application to work at Toucan.
Location Information We Collect from Our Websites, Apps, Services and Features
With Your consent, We collect information about Your location from Our Websites, Apps, Services and Features. For example, while You are renting a Bike, We collect information about the location of the Bike, the routes taken by the Bike, and the rental status of the Bike. We also collect information about Your location that You provide to Us or enable Us to collect on Our Websites, Apps, Services or Features. We also collect Your device’s source IP address, which may disclose the location of Your device at the time You access Our Website or App. While You can always decide not to share information about Your location with Us, You must agree to provide certain types of location information, including, for example, the location of any Bike while You are renting it, if You want to use Our Services.
Personal Information We Collect From or Through Social Media Platforms
Personal Information We Collect from Other Sources
We also may collect Personal Information from other sources or from Our offline interactions with You to, among other things, enable Us to verify, update information contained in Our records and to better customise the App or Website for You. We may also collect Personal Information about You from credit reporting agencies to, for example, determine Your creditworthiness, credit score, and credit usage.
Personal Information We Collect Through Surveys, Sweepstakes or Promotions
From time to time, We may provide You with the opportunity to participate in surveys, sweepstakes or other promotions, some of which might be sponsored or conducted by a third party. Participation in these surveys, sweepstakes and promotions are completely voluntary. If You choose to participate, We will request certain Personal Information from You. If there is a third-party sponsor involved in the survey, sweepstake or promotion, please make sure to review the sponsor’s privacy notice.
Personal Information about Third Parties We Collect Using the Tell-A-Friend Feature
We may from time to time conduct a referral service to introduce people You know to Our Apps and Service. If You choose to use Our referral service to tell someone about Our Apps and Service or a discount on the Apps and Service, We will ask You for Your contact’s name and email address. We will automatically send Your contact a one-time email inviting him or her to visit Our App. We store this information for the purpose of sending this one-time email and tracking the success of Our referral program. Your contact may contact Us at firstname.lastname@example.org to request that We remove this information from Our database.
Personal Information about Minors
Our Website, Apps, Services and Features are intended for persons 18 years of age or older. Although Bikes may be used by minors who are at least 16 years of age, such use is under the sole responsibility of, and strict management by, the minor’s parent or legal guardian. We do not knowingly collect Personal Information from minors. If it comes to Our attention that We have collected Personal Information from or about a minor, We will delete it without notice. If You have reason to believe that We have collected Personal Information from or about a minor who is under 18 years of age, please contact Us by sending an email to email@example.com.
Information We Collect Using Cookies and Other Tracking Technologies
- remind Us who You are and to find Your account information in Our database when You access a Website, App, Service or Feature so You do not need to log in at every visit, which helps Us to provide You with service tailored to Your specific needs and interests. A cookie is created when You register for a Service;
- determine the browser You are using so the Website, Apps, Services and Features and Websites work properly;
- assist Us with sending You e-mail newsletters;
- generate analytics regarding Your use of Our App or Website; and
- estimate Our audience size by determining whether Your visit is Your first.
We use both “session” cookies and “persistent” cookies. We do not use flash cookies, web storage, web beacons or other technologies that track Your browsing history across multiple Apps or Websites.
Third-party ad serving companies and other unaffiliated advertisers also display advertisements on Our Websites, Apps, Services ad Features. As part of their service, they may place a separate cookie on Your computer or utilize other data collection and tracking technologies, to collect information such as Your IP address, browser type, the server Your computer is logged onto, the area code and zip code associated with Your server, and whether You responded to a particular advertisement. For a listing of the third party companies We may allow to place cookies to serve ads on the Websites, Apps, Services and Features, click here. We do not control these third parties’ tracking technologies, how they may be used, or the information they may collect, and We are not responsible for the privacy policies or the content of those third parties. Please visit the sites of those businesses at the links above to review their privacy policies. We may add or change the list of third party ad servers from time to time and We encourage You regularly to check this section for changes. You can learn more about online advertising at www.aboutads.info/consumers.
You can also learn about Your options to opt-out of mobile app tracking by certain advertising networks through Your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
Android: http://www.google.com/policies/technologies/ads/ ; and
Please note that opting-out of advertising networks services does not mean that You will not receive advertising while using Our Websites, Apps, Services or Features or on other applications, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude You from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
If You delete Your cookies or if You set Your browser or device to decline these technologies, some functions of the Websites, Apps, Services or Features may not function at all, or may not function as designed.
Consolidating Your Personal Information
We may use the information from one portion of one of Our Website, Apps, Services, or Features for other portions of Our Website, Apps, Services, or Features, and We may combine Personal Information gathered from multiple sources, including Personal Information We collect off-line or receive from third-party sources to enhance, expand, and check the accuracy of Your customer records, into a single customer record or analysis or report. We follow this Privacy Notice with respect to all of Your Personal Information regardless of how it was collected.
How We Use Personal Information
We may use Your Personal Information, including information about Your location, to:
- provide Services to You at Your request;
- track the Bikes;
- upload Your content to Our Websites, Apps, Services, and Features at Your request;
- permit You to update, edit, and manage Your content on Our Websites, Apps, Services, and Features;
- communicate with You about Your account or transactions with Us (including service related announcements) and send You information about features and enhancements on Our Websites, Apps, Services and Features;
- communicate with You about changes to Our policies;
- communicate with You about Your comment to a blog post;
- personalise content and experiences on Our Websites, Apps, Services, and Features, including providing You with reports, recommendations and feedback based on Your preferences;
- optimise or improve Our Websites, Apps, Services, and Features;
- automatically update Apps on Your device;
- detect, investigate, and prevent activities that may violate Our policies or be illegal; and
- perform statistical, demographic, and marketing analyses of users of the Websites, Apps, Services, and Features.
Our Legal Basis for Using Your Personal Information
There are a number of bases in data protection law that permit Us to use Your Personal Information for the purposes described in this Privacy Notice, including that:
- You have provided Your consent to Us using Your Personal Information for that purpose, including, for example, where You have given Us Your consent to send You electronic marketing;
- We need to use Your Personal Information in order to fulfill Our terms of service in order to provide Our Services to You;
- We need to comply with a legal obligation, including, for example, responding to government or law enforcement information requests; and/or
- the processing is necessary for the purposes of Our legitimate interests, provided We have balanced these against Your rights and interests.
Our legitimate interests to use Your Personal Information include:
- to ensure effective administration and management of Your relationship with Us, including any rentals with Us;
- to understand how Our customers use Our services and to manage Our Bike fleet;
- to carry out research and analysis on what services or products Our customers want or how they would like Us to improve Our Services;
- to understand how Our customers use the Apps, Websites and Services, and identify any issues in how the Apps, Websites and Services are used and how We can improve the customers usage experience;
- to tell Our customers about the various Services We can offer;
- to understand and respond to customer feedback;
- to better tailor and personalise the Apps and Websites, and any promotions and benefits that We offer to Our customers;
- to prevent, detect, or investigate unauthorised use of Our Bikes and systems and ensure We comply with law and Our policies; and
- to manage any disputes and accidents and take legal or other professional advice.
Who Do We Provide Your Information To?
Except as disclosed in this Privacy Notice, We do not disclose information about Your Personal Information collected online to any companies not part of Toucan or its parent, subsidiaries or related entities. In no event will We sell or rent Your Personal Information as part of a customer list or similar transaction.
We may use and share Your Personal Information with affiliated and non-affiliated organisations as follows:
Purpose of disclosure
Legal Basis for Processing
Credit card issuers in order to obtain payment from You
Handle debt collection.
– Performance of Contract; or
IT service providers including IT platform providers and website analytics service providers in order to provide Our Services to You and to understand how You use Our Services and to improve our business
Provide analytics services relating to Your use of Our website to identify any technical or user interface issues and/or improvements in connection with the website
– Performance of Contract; or
Agents/ Service Providers
– Performance of Contract; or
Government, regulatory and law enforcement agencies in order to meet our legal obligations
– Legitimate Interests; or
We may also transfer or assign Your Personal Information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganisation, or liquidation. If We are involved in defending a legal claim, We may disclose information about You that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on Us or the Apps or Websites; (b) protect and defend Our rights or property, the Website, Apps, Services, Features or Our users, and (c) act under emergency circumstances to protect the personal safety of Us, Our affiliates, agents, or the users of the Websites, Apps, Services, Features or the public. This includes exchanging information with other companies and organisations for fraud protection.
The Steps We Take To Keep Personal Information Secure
We are concerned about ensuring the security of Your Personal Information. We exercise great care in providing secure transmission of Your information from Your device to Our servers. We store Personal Information that We have collected in secure operating environments that are not available to the public. Our security procedures mean that We may occasionally request proof of identity before We disclose Your Personal Information to You. We try Our best to safeguard Your Personal Information once We receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
How Can We Transfer Your Personal Information?
As We offer Our Services in many locations globally, We may transfer your Personal Information to or from these locations for the purposes of providing you Services. The exact location of where your personal data will be transferred depends on the location where you receive Service. A list of these locations is on Our website at https://www.li.me/locations.
Many of the countries to which Your personal information may be transferred for these purposes that are located outside the EU do not benefit from an adequacy decision issued by the EU Commission regarding protection afforded to personal information in that country. Details of these specific countries can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
These transfers are made either as they are necessary for the performance of a contract to which you will be a party, or for pre-contractual measures. Alternatively, adequacy of data protection is ensured by standard data protection clauses that we have in place with the relevant recipient. A copy of these standard data protection clauses may be requested by emailing firstname.lastname@example.org.
In addition, the information We collect from you may be transferred to, and stored by, IT vendors who operate on our behalf, particularly to those located in the United States. We also transfer information to a number of providers of business application – such as CRM and marketing applications – as well marketing service providers. These providers are primarily located in the United States.
The United States does not benefit from a decision issued by the EU Commission regarding protection afforded to personal information. Adequacy of data protection is instead ensured by standard data protection clauses we have in place with that third party. A copy may be requested by emailing email@example.com.
How Long We Keep Personal Information
Toucan keeps Your Personal Information for no longer than is reasonably necessary or required by law. How long We keep it depends very much on the type of information and purpose. Following termination or deactivation of Your account, Toucan, its Clients, Affiliates, or its service providers may retain information (including Your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes.
The criteria We use to determine the retention period for certain categories of data is as follows
- the length of time that You have an account;
- how frequently You rent with Us or when You most recent rental occurred;
- whether there are contractual or legal obligations that exist that require Us to retain the data for period of time;
- whether there is any ongoing legal claim that relates to any rental You have made with Us, or that is otherwise related to Your relationship with Us;
- whether any applicable law, statute, or regulation allows for a specific retention period;
- whether the Personal Information is considered to be a special category of Personal Information, in which case a shorter retention period generally would be applied; and
- what the expectation for retention was at the time the data was provided to Us.
If You have any questions about termination or deactivation of Your account, please contact Us directly at firstname.lastname@example.org.
Linking To or From Another Website or App
The Websites, Apps, Services or Features may contain links to other websites or apps operated by third parties. Please be advised that the practices described in this Privacy Notice for Toucan do not apply to information gathered through these third-party websites and apps. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps.
Our Websites, Apps, and Features are published in the United States. We attempt to protect the Personal Information of all users of Our Websites, Apps, Services and Features, and We comply with local data protection and consumer rights laws to the extent they may apply to the Services,
We may change Our ownership or corporate Toucan while providing the App. We may also sell certain assets associated with the App. As a result, please be aware that in such event We may transfer some or all of Your information to a Toucan acquiring all or part of Our assets or to another Toucan with which We have merged. Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Notice, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring Toucan or the merged Toucan will have the same privacy practices or treat Your information the same as described in this Privacy Notice.
Your Privacy Rights
You may have – in accordance with applicable data protection laws – the following rights when it comes to Our handling of Your Personal Information:
- Right of access – You may have the right to request a copy of the Personal Information We have about You and to request supporting information explaining how the Personal Information is used.
- Right of rectification – You may have the right to request that We rectify inaccurate Personal Information about You.
- Right of erasure – You may have the right to request that We erase Personal Information about You.
- Right to restrict processing – in some situations, You may have the right to request that We do not use the Personal Information You have provided (e.g. if You believe it to be inaccurate).
- Right to data portability – You may have the right to receive certain of Your Personal Information in a structured, commonly used and machine-readable format and to transmit such information to another controller.
- Right to withdraw consent – where We process Your Personal Information based on consent (including direct marketing consents), You have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal We may continue to use Your Personal Information as permitted or required by law.
- Right to object – where We are processing Your Personal Information based on a legitimate interest (or those of a third party) You may challenge this. However, We may be entitled to continue processing Your information based on Our legitimate interests or where this is relevant to legal claims. You also have the right to object where We are processing Your Personal Information for direct marketing purposes.
Please get in touch with Us as set out in the Contact section if You would like to exercise any of these rights or in case You should have any concerns about how We process Your Personal Information. You are also free to lodge complaint with the supervisory authority, should You feel that We process Your Personal Information in a way that is against applicable law.
Your Choices and How You Can Opt-Out
We believe You should have choices about the collection, use and sharing of Your information. Although You cannot opt-out of all data collection when You visit Our Website or Apps or use our Services or Features, You can limit the collection, use and sharing of Your personally identifiable information.
Provision of Personal Information: If You do not want Toucan to collect Your Personal Information, please do not provide it to Us. Please understand that if You choose not to provide certain Personal Information to us, Your choice will restrict Your ability to access some content and use some of the functionality of the Websites, Apps, Services and Features.
Emails and Other Communications: If You would like to change the types of communications You receive from Us, including opting out of promotional communications from Us, You may do so at any time by updating the communication preferences specified in Your account profile through the App or Website. Please note that this may affect Your ability to access certain Services and Features, and We may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about Your use of the Service. If You refer others to Us using Our email functionality, please note that they may choose not to receive any promotional emails from Us in the future by following the opt-out instructions in the email invitation.
Please note that while You may opt out of online behavioural advertising and other targeted advertising served by participating companies through App You may still see other types of advertising on the App, it just may not be as relevant or targeted to Your interests.
Accessing and Correcting Your Information: If You have an account with Toucan, You may review and change Your information by logging into Your account and editing Your profile. Be advised that We may not be able to delete Your Personal Information without also deleting Your user account. You will not be permitted to examine the Personal Information of any other person or entity and may be required to provide Us with Personal Information to verify Your identity prior to accessing any records containing information about You. We may not accommodate a request to change or delete Personal Information if We believe doing so would violate any law or legal requirement or result in incorrect information.
If You have any questions about this Privacy Notice, You should contact Us by email at email@example.com.
PO Box 523, Kenmore, QLD, Australia 4069.
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