Privacy Policy

Last Updated August 10, 2020 3:00 PM

We take your privacy seriously.

We respect your privacy and take strong measures to keep your data safe,

to be as transparent as possible and never sell your personal data.

This Privacy Policy (this “Privacy Policy” or this “Policy”) has been adopted by Boomerang LLC (“Boomerang”, “we”, “us” or “our”), and governs our collection and use of Users’ Personal Information.  This Policy applies to all Personal Information collected or received by us via our mobile applications, websites, services and products (collectively, the “Boomerang Platform” or our “Platform”).  The services provided by us via our Platform may be referred to herein as our “Services”.

Your access to and use of the Boomerang Platform are subject to the Boomerang Terms of Use, as updated and modified from time-to-time (the “Terms of Use”) and the practices described in this Privacy Policy. Please make sure that you have carefully read and understand the Terms of Use and this Privacy Policy before you use our Services. Capitalized terms not otherwise defined in this Privacy Policy will have the meanings (if any) ascribed to them in the Terms of Use.  By using our Services, you accept and agree to the Terms of Use and the practices described in this Privacy Policy. If you do not agree with the practices described in this Policy or the terms set forth in the Terms of Use, you must not access or use the Boomerang Platform.

 

1. CHILD RELATED DATA COLLECTION

THE APPLICATION, SITE AND SERVICES ARE NOT DIRECTED TO CHILDREN AND CHILDREN ARE NOT ELIGIBLE TO USE OUR SITES AND SERVICES.  PROTECTING THE PRIVACY OF CHILDREN IS VERY IMPORTANT TO US. In connection with your use of our Services, you may have the option to provide us with certain Personal Information of Riders, such as the Rider’s first and last name, date of birth, gender, phone number and/or photograph. IN THE EVENT THAT SUCH RIDER IS UNDER 13 YEARS OF AGE, BY PROVIDING SUCH PERSONAL INFORMATION, YOU (A) AFFIRM THAT YOU ARE SUCH RIDER'S PARENT OR GUARDIAN OR THAT YOU HAVE ALL REQUISITE AUTHORITY FROM SUCH RIDER'S PARENT OR GUARDIAN TO PROVIDE US WITH SUCH PERSONAL INFORMATION; (B) HEREBY CONSENT TO OUR COLLECTION, USE AND PROCESSING OF THIS AND OTHER PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY (ON BEHALF OF YOURSELF OR SUCH RIDER'S PARENT OR GUARDIAN); (C) ACKNOWLEDGE AND AGREE THAT WE WILL DISCLOSE CERTAIN RIDER INFORMATION TO THE DRIVERS WHO PROVIDE YOUR RIDES AND PARTICIPANTS WHO PARTICIPATE IN SUCH RIDES.

 

Drivers will have access to the following information about Riders only after the Driver has accepted the ride request: the Rider’s first and last name; the Rider’s photo, if provided; the Rider’s birthdate; the Rider’s phone number, if provided as well as any special pick-up or drop-off instructions that may include information regarding such Rider’s schedule. If you choose to provide your Rider’s phone number, Drivers will be able to communicate directly with Riders, including children under the age of 13, over the course of providing a Ride, via voice call and/or text message. Through the use of our Services, we may also collect indirect location information regarding Riders, including Riders who are children, via the location information we collect from Drivers during a Ride. IN GENERAL, OUR SERVICES ARE DESIGNED FOR PARENTS, GUARDIANS, AND OTHER ADULTS WHO ARE AUTHORIZED TO USE OUR SERVICES IN ORDER TO ARRANGE AND PROVIDE RIDES, AND ONLY PARENTS, GUARDIANS, AND OTHER SUCH ADULTS MAY USE OUR SERVICES.

 

It is expected that all Users of the Platform recognize the sensitive nature in working with children and keep confidential the Personal Information of other Users consistent with the Terms of Use. In accordance with Boomerang safety standards, Drivers must refrain from contacting Riders outside of the Ride without the express consent from the Riders’ parent/guardian.

 

2. COLLECTION AND USE OF PERSONAL INFORMATION

 Boomerang collects or receives Personal Information that Users provide directly to us over the web, through the mobile app, email, phone call or text or in person through our Drivers. The types of Personal Information that we may collect about you, and how we use it are:

 

User Profile Information: In general, the Personal Information we gather enables us to provide our Services to you. You provide certain Personal Information when you sign up for our Services, including your full name, email, phone number, password, home address, profile picture and secret code word use for Rider/Driver verification. You also provide billing or payment related information so we can facilitate payment for our Services and Driver Services. Users may provide emergency contact information for their accounts, including such contact’s full name, phone number, and relationship.

 

Consistent with legal requirements and in order to determine eligibility as a Driver, Drivers are required to provide (among other things) legal first and last name along with government identification documents, including driver’s license numbers and images, birthdate, and vehicle and insurance information. In addition, Drivers also provide email address, phone number, password, home address, the number of years working with children and submit short bios and Driver photo that are shared with Ride Organizers.

 

Background Check Information: Consistent with legal requirements, the Terms of Use, and our safety standards, we collect information required to facilitate Drivers’ background checks. This may include (without limitation) information such as driving history and criminal record. Where required by law, or upon the voluntary opt-in of a Driver, we collect information required to facilitate certain advanced qualifications such as drug and alcohol testing. This information is provided by the Driver but may be collected and processed by an authorized vendor on our behalf.

 

Demographic Data: We may collect demographic data about Users through surveys. You provide this information on a voluntary basis. This information is used to improve our Platform and our Services provided to you.

 

Communications: When you communicate with Boomerang through email, phone, text, or otherwise, we may retain those communications, including date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message, in order to process your inquiries, respond to your requests, and improve our Services. We use this information to facilitate our Services, investigate User complaints and claims, and otherwise provide and improve our Services.

 

Ride Information: We collect Personal Information that you provide when you make or accept requests for Rides and otherwise use our Services, such as ride pick-up and drop-off locations, ride times, and ride notes. The information collected is necessary to provide our Services.

 

When a user requests our Services, Drivers may provide us with a User rating and comments about the Riders after providing services to the User.

 

Likewise, Users may provide us with a Driver rating and comments about the ride once the ride is complete.

 

Location-Based Information: Boomerang requires permission to access location-based information when User signs up for our Services.  We automatically collect location-based information through the Application and third-party software, including (without limitation) geographic areas and other traffic and transportation-related data. For Drivers only, we may collect this data when the Application is running in the foreground (Application is open and on-screen) or background (Application open but not on-screen) of your mobile device. For all other Users, location information is only collected if the Application is running in the foreground.

 

Your location information is necessary for the provision of our Services. For example, it is used to help protect the safety of all Users and members of the public. Additionally, Drivers’ location information and distance travelled is necessary to calculate charges for rides and for insurance.

 

Location-Based Services Consent:  You hereby expressly consent to Boomerang’s use of location-based services and expressly waive and release Boomerang from any and all liability, claims, causes of action or damages arising from your use of our Services, or in any way relating to the use of the precise location and other location-based services.

 

Contacts: If you permit Boomerang to access the address book on your device through the permission system used by your mobile platform in order to invite individuals in your address book to participate in a Carpool, "refer-a-friend" promotion, or other similar program, we may access names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Services and for other purposes described in this Privacy Policy or at the time of consent or collection. In addition, if you initiate a Carpool through our Services, we may collect the first and last names and either their phone numbers or email addresses and we may use that information as described in this Privacy Policy.

 

Transaction Information:  Boomerang collects transaction details related to Users’ use of our Services, including (without limitation) the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details.  Additionally, if someone uses a User’s promo code, Boomerang may associate the User’s name with that person.

 

Device Information: When you download the Application, we automatically collect your device type, your wireless carrier, and a device ID and we associate this with your Personal Information.

 

For diagnostic and statistical purposes and to administer our Services, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet), domain name, and/or a date/time stamp for your visit.

 

Use Information: As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer our Services, track Users’ movements around our Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.

 

Cookies: Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience within our Services . If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to fully experience the personalized and interactive features of our Services.

 

Pixel Tags: In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to Users. We may use this information to reduce or eliminate messages sent to a User. We do not tie the information gathered by Pixel Tags to our Users’ Personal Information.

 

Collection of Information by Advertisers: Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Services (but not your name, address, email address or telephone number). They do this by using Cookies or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Services and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or pixel tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

 

How We Respond to Do Not Track Signals: We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.

 

Mobile Services: We may also collect non-personal information from your mobile device if you have downloaded our Application to your mobile device. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use our mobile services(s) and information about the type of device you use. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.

 

Promotions and Contests: If you participate in a contest or giveaway with us, we may ask you for your email address and/or home number. We may also ask for first and last names, and sometimes mailing address to verify your identity. These contests and the information you provide are voluntary. We recommend that you read the rules for each contest that you enter.

 

User Feedback: To the extent you post information in comments in a publicly available area of our Services (e.g., feedback and reviews on the Driver and the Ride), it will be available to other Users of our Services who may use it at their discretion. We may use this information to improve our Services and investigate disputes.

 

3. IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without user’s consent.  And these platforms have different permission systems for obtaining user’s consent.  The iOS platform will alert users the first time the Boomerang app wants permission to access certain types of data and will let user consent (or not consent) to that request.  Android devices will notify users of the permissions that the Boomerang app seeks before the user first uses the app, and user’s use of the app constitutes user’s consent.

 

4. OTHER USES OF COLLECTED INFORMATION

In addition to the foregoing, we may use Personal Information to:

  • Ensure Compliance with Our Terms of Use and Policies.  Boomerang’s Terms of Use and Policies are designed with safety in mind.  Information may be used to:

    • Communicate and enforce our Terms of Use and other policies;

    • Investigate Zero Tolerance Policy violations; and

    • Prevent potentially prohibited or illegal activities.

  • Respond to Legal and Regulatory Compliance.  Boomerang is required to share Personal Information to the extent required by law or regulation.  This includes the following: 

    • Sharing Driver information as required by local regulatory agencies;

    • Comply with data reporting requirements and other official inquiries; and

    • Investigating or addressing claims or disputes relating to the use of our Services.

  •  Improve the Platform.  We are always looking for ways to improve the Boomerang Platform.  Your data may be used to:

    • Perform internal operations necessary to provide our services, including (without limitation) to troubleshoot software bugs and operational problems; 

    • Conduct data analysis, testing, and research; and 

    • Monitor and analyze usage and activity trends.

 

We may also use Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.  If information is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose.  

 

5. HOW WE SHARE INFORMATION

BOOMERANG DOES NOT SELL YOUR PERSONAL INFORMATION, AND WILL NOT IN THE FUTURE SELL YOUR PERSONAL INFORMATION WITHOUT PROVIDING A RIGHT TO OPT-OUT. 

 

Your information may be shared with third parties as described below:

 

How we share Personal Information with Users.  As you know, our Services are designed to connect Ride Organizers and Drivers for Rides. As such, if you are a Ride Organizer, we must share Personal Information about you and the Rider(s) to Drivers and, if you are a Driver, we must share some of your Personal Information with the Ride Organizer(s) and Rider(s).

 

Rider and Ride Organizer Information Shared with Driver. Throughout the duration of the ride, the Driver will see the Rider information described in Section 1 above, and the name and photo (if provided) of the Ride Organizer. When a ride request is sent to the selected Driver, the Driver will not see any Rider personal information. Only after the ride has been accepted by a Driver will the Driver see Rider personal information and ride notes provided by the Ride Organizer. Upon completion of the ride, Rider information is again redacted in the Driver’s ride history following the ride. Once the ride is complete, we will eventually share the Ride Organizer’s rating and any feedback with the Driver. Although we remove the Ride Organizer’s identity when doing so, the Driver may be able to identify the individual(s) who provided the feedback. In the case of a lost or found item, we will seek to connect you with the relevant Driver or Ride Organizer. However, no actual contact information will be shared without your consent.

 

Driver Information Shared with Rider(s) and Ride Organizer(s). When scheduling a ride request, Ride Organizer(s) will be able to view the Driver’s name, Driver rating, profile photo, years of caregiving experience, short bio, and a photo of the vehicle including make, model, color, license plate and number of passengers it can accommodate in Driver selection.

 

Carpool and Referral Programs. If you send a Carpool Group invitation or initiate a Carpool ride, or refer someone to the Boomerang Platform, we will let them know that you generated the same. If another User referred you or invited you into a Carpool, we may share information about your use of the Platform with that User. For example, a referral source may receive notification regarding participation in a Carpool or receive a bonus when you join the Platform. In connection with Carpools and during any Carpool Ride, the Carpool Organizer and all Carpool Members and Riders may receive information about each other (including, without limitation, names, trip notes, and pick up and drop off locations for subject Rides).

 

How we share Personal Information with Other Parties. In addition to the ways we share Personal Information as described elsewhere in this Privacy Policy, we may share Personal Information with other third parties in the following manners:

 

Payment Processing Information. For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Stripe. We do not process, record or maintain your credit card or bank account information or other related information necessary to process payments. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please see https://stripe.com/us/privacy.

 

Governmental Entities and Enterprise Clients. Boomerang may be asked or required by certain applicable governmental entities or Enterprise Clients to report certain information about Drivers and your Rides for purposes of Driver licensure, approval, or required data reporting.

 

Driver Screening Providers and Resources. We work with background check, identity verification, onboarding, and other required or voluntary Driver screening providers. Boomerang may make available certain tools and resources to Drivers for purposes of Drivers’ furthering their own independently established trades. Drivers who access or participate in these tools and resources may be required to share certain Personal Information.

 

Consultants and Other Business Service Providers. We may share your Personal Information with consultants and other business service providers. This information is provided in order for them to provide us critical services such as (without limitation) cloud storage, marketing and advertising services, data analytics, insurance and financing services, and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf.

 

Company Restructuring. We may share some or all of Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding Personal Information as described in this Privacy Policy.

 

Legal Reasons. Regardless of any choices you make regarding Personal Information (as described below), we may disclose Personal Information if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants or other requests for information served on us; (c) to protect or defend our rights or property or other users of our Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

 

With Your Consent. We may share a User’s personal data other than as described in this Privacy Policy upon the User’s consent.

 

6. DATA RETENTION AND STORAGE

Retention.  We retain User profile, transaction, and other information for as long as a User maintains their Boomerang account. We retain transaction information such as rides and payments for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. For Drivers, Boomerang may retain vehicle and background check information to the extent required by law or regulation, or for as long as they maintain their Boomerang account, whichever is greater.

 

Changing Personal Information. You may review, update, or correct the Personal Information in your account by editing your account or contacting us.

 

Data Security. Boomerang has implemented administrative, technical, and physical security controls designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your Personal Information, we cannot guarantee your information is absolutely secure. Please keep this in mind when disclosing Personal Information and take reasonable measures to protect your information, including using complex passwords and changing them often, and make sure you have a secure browser. If you believe your account has been accessed by an unauthorized user, please contact us immediately.

 

7. YOUR RIGHTS REGARDING YOUR DATA

Right to Know. You have the right to know what information we have collected about you in the last 12 months, including:

  • The categories of Personal Information we have collected about you;

  • The categories of sources from which the Personal Information is collected;

  • The business or commercial purpose for collecting your Personal Information;

  • The categories of third parties with whom we have shared your personal information; and

  • The specific pieces of Personal Information we have collected about you.

 

For more information about the Personal Information we have collected over the last 12 months, including the categories of sources and the business purposes for collecting your Personal Information, please see the Collection and Use of Personal Information and Other Uses of Personal Information sections above. We share this information with the categories of third parties described in the How We Share Information section above.

 

Right to Delete. You have the right to request that we delete the Personal Information we have collected from you, and to direct our service providers to do the same. We may not delete your Personal Information if it is necessary in order to:

  • Complete your transaction;

  • Detect and protect against security incidents, including to prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Exercise free speech or ensure the right other Users in exercising free speech or any other right provided them or us by law;

  • Comply with any applicable law;

  • When necessary for the achievement of such research and with the User’s consent, to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws;

  • Comply with a legal obligation; and/or

  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

 

Submitting Requests. You may submit a Request to Know the specific pieces of Personal Information we have collected about you in the last 12 months, or a Request to Delete, by calling Boomerang at (605) 777-4766 or by submitting a request to legal@boomerangrides.com.

 

Responding to Requests. We will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

 

All requests must be verified to ensure that the person making the request is the consumer about whom we have collected information.

 

Right to Non-Discrimination. We will not discriminate against any User who exercises these Rights. Specifically, if you exercise your Rights, we will not deny you Services, charge you different prices or rates for Services or provide you a different level or quality of Services.

 

8. THIRD PARTY SITES AND SERVICES

The Services may contain links to other websites, applications and services (“Third Party Services”). Boomerang is not responsible for the privacy practices or the content of these Third Party Services. We encourage you to read the privacy policies of each and every Third Party Service you visit. Please contact those websites directly if you have any questions about their privacy policies.

 

9. CHANGES

We may update this Privacy Policy from time to time as the Boomerang Platform evolves and privacy laws change. We reserve the right to update or modify this Privacy Policy at any time without prior notice. We will notify you of any material modifications through the Platform or by some other form of communication like email, using the contact information you have provided us. When you use Boomerang, you are agreeing to the most recent terms of this Privacy Policy.

 

10. ADDITIONAL INFORMATION

Questions regarding this Privacy Policy or our data collection and processing practices of our Services should be directed to Boomerang by emailing legal@boomerangrides.com.