Your Driver Privacy Policy
Last updated [July 4th, 2021]
Magnetic13 Ventures Inc. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (the “Application”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:
Personal Data
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.
Derivative Data
Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, including liking, re-blogging, or replying to a post, as well as other interactions with the Application and other users via server log files.
Financial Data
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Application. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Stripe, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s App Push Notifications and Device Location. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
Push Notifications
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Application permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
Administer sweepstakes, promotions, and contests.
Assist law enforcement and respond to subpoena.
Compile anonymous statistical data and analysis for use internally or with third parties.
Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
Generate a personal profile about you to make future visits to the Application more personalized.
Increase the efficiency and operation of the Application.
Monitor and analyze usage and trends to improve your experience with the Application.
Notify you of updates to the Application.
Offer new products, services, mobile applications, and/or recommendations to you.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Application.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Send you a newsletter.
Solicit support for the Application.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
Online Postings
When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
Offer Wall
The Application may display a third-party-hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in the Application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave the Application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
Social Media Contacts
If you connect to the Application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
TRACKING TECHNOLOGIES
Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may also partner with selected third-party vendors, such as Google Analytics to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at:
Magnetic13 Ventures Inc.
875 Badke Rd
Kelowna, BC, V1X 5Z5
YourDriverCanada@gmail.com
TERMS OF USE
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the Your Driver App. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Magnetic13 Ventures Inc.
Magnetic13 Ventures Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Your Driver app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Your Driver app won’t work properly or at all.
You should be aware that there are certain things that Magnetic13 Ventures Inc. will not take responsibility for certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Magnetic13 Ventures Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Magnetic13 Ventures Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Magnetic13 Ventures Inc. cannot accept responsibility.
With respect to Magnetic13 Ventures Inc.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Magnetic13 Ventures Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
Most importantly, we do not guarantee service in any way through our app, phone line or website. You are always responsible if you choose to drive your vehicle for whatever harm, consequences or liability occur.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Magnetic13 Ventures Inc. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS versions that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
The owner of a vehicle is required by law to have proper vehicle insurance in place. This contract covers the owner of the vehicle as an “Insured”. The definition of “Insured” includes every other person who with their consent personally drives the automobile.
Passenger represents and warrants that as of each date on which Passenger requests Services:
•Passenger is authorized, without restriction, notice, consent or permission, to request the Services and to allow the Drivers to operate the Passenger Vehicle as contemplated in these Terms and elsewhere on the Site;
•Passenger is the rightful owner or lessee, as applicable, of the Passenger Vehicle;
•The Passenger Vehicle’s registration and insurance are current, a copy of the registration and insurance certificate will be in the vehicle, and the Passenger Vehicle is covered by a fully comprehensive insurance policy under which the Drivers are covered;
•The Passenger Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Passenger Vehicle to be unfit or unsafe to drive;
•No contraband, substance or other items that are illegal for public transport (including, without limitation, firearms or other weapons, explosives, alcohol, drugs or drug paraphernalia and stolen property) are within the Passenger Vehicle; and
•The Passenger Vehicle will have sufficient fuel to reach the designated drop-off location.
•Passenger carries automobile insurance providing property damage, collision and comprehensive coverage, that there are no driver restrictions in Passenger’s insurance policies and that such policies are in full force and effect at the time that the Driver is providing services to Passenger.
ASSUMPTION OF RISK
Passenger is aware and acknowledges that the use of the Services involves an inherent risk of injury, death, and property damage to Passenger and Passenger’s guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of Passenger on public and private roadways, Passenger is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of a Your Driver its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. Passenger voluntarily agrees to assume all risks of injury, death, and property damage to Passenger and any and all passengers of the vehicle operated by a Driver and Passenger waives any and all claims or actions that Passenger may have against a Your Driver and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees.
LIMITATION OF LIABILITY
Your use of any Services is at your own risk. The Services are provided on an “as is” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. YOUR DRIVER AND ITS AGENTS, SUCCESSORS, OFFICERS, EMPLOYEES, MEMBERS, LICENSEES, ASSIGNS, AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICES. Passenger releases Your Driver and Magnetic13 Ventures and their agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to Passenger and Passenger’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, guests, invitees children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to these Terms or to the Services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties.
PASSENGER EXPRESSLY UNDERSTANDS AND AGREES THAT PASSENGER BEARS SOLE RESPONSIBILITY FOR ANY LOSS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL YOUR DRIVER ASSUME LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO YOUR DRIVER BY PASSENGER FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM OVER THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM.
INDEMNIFICATION BY PASSENGER
Passenger agrees to indemnify, defend and hold harmless Your Driver and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) the transportation of Passenger by any Driver and any and all Services provided to Passenger by Your Driver and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of the representations and warranties of Passenger contained in these Terms; and (iii) the breach of any covenant or agreement of Passenger under these Terms.
RESERVATION OF RIGHTS
If we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any user information. We may seek to gather information from a user who is suspected of violating these Terms (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any information, emails, or other materials that are believed to violate these Terms.
GOVERNING LAW;
VENUE
All matters relating to these Terms or your access to and use of the Service shall be governed by and decided in accordance with the Laws of the province of British Columbia, without regard to any conflicts of laws and principles thereof. You hereby submit and consent to the exclusive jurisdiction of any provincial or federal court located within British Columbia, and agree that all actions or proceedings relating to the Service and these Terms shall be litigated in such courts, and you hereby waive any objection which it may have based on improper venue or forum non-conveniens to the conduct of any such action or proceeding in such court.
SEVERABILITY
In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions of these Terms shall remain in full force and effect.
TIME TO BRING CLAIMS
You agree that any claim or cause of action arising out of, or related to the use of, the Service or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
SURVIVAL
All terms and provisions hereof which should by their nature survive the termination shall so survive, including without limitation, those Sections relating to Limitations of Liability, Indemnification, Disclaimer of Warranties, Passenger Warranties, Intellectual Property.
ASSIGNMENT
These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. We may freely assign these Terms without consent or notice.
AMENDMENTS
Your Driver reserves the right to amend these Terms at any time, without notice, to affect future dealings between you and Your Driver. You may not alter these Terms, your obligations, or our obligations unless such an alteration is obtained in a writing signed by Your Driver.
ENFORCEABILITY
You hereby affirm that you are of sound mind and body to enter these Terms, are able to understand it, and hereby waive any defence to the enforceability of these Terms, including intoxication.
GENERAL
The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at yourdrivercanada@Gmail.com