Privacy Policy

Last revised and effective as of: May 17, 2022

This Privacy Policy applies to information collected online and offline by PayByCar, Inc. (“PayByCar” "we" or “us” or “our”) through your use of the PayByCar website at mypaybycar.com and any subdomains thereof (the “Site”) and the services, features, and information available on the Site and/or any mobile applications we may offer (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, the “Service”). This Privacy Policy is incorporated into, and part of, and governed by the PayByCar Terms of Service. As used herein, “you” and “your” mean a user of the Service and in addition, when the user of the Service is a minor registered by a parent and/or guardian, the terms “you” and “your” also include such parent and/or guardian.

 

You should carefully read this Privacy Policy. When an organization with which you are associated (an “Organization”) uses the PayByCar Service, it may share information about you with us in connection with our provision of our services to such enterprise customers. To the extent we process (as defined below) such information solely in order to provide our services to that Organization, this Privacy Policy will not apply to the processing of that information and that Organization will be responsible for having a lawful basis for processing that information, for acting in all matters in accordance with all applicable laws, and for providing you with all requisite information as required by applicable law. As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within PayByCar or among our affiliates within the United States or internationally.

 

This Privacy Policy serves to notify you of the following:

What information about me is collected?

Where and when is information collected (including through the use of cookies and action tags)?

Does PayByCar collect information from children under 13 years of age?

What does PayByCar do with the information it collects?

When does PayByCar disclose information to third parties?

Does this Privacy Policy apply when I link to other websites or services?

Is the information collected through the Service secure?

Could my information be transferred to other countries?

For how long will my personally identifiable information be kept?

What choices do I have regarding my personally identifiable information?

How will I know if there are any changes to this Privacy Policy?

Who do I contact if I have any privacy questions?

WHAT INFORMATION ABOUT ME IS COLLECTED?

Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, personal identification number (PIN), postal address, e-mail address, mobile telephone number, billing zipcode and credit card information, vehicle transponder number (such as your E-zPass or PayByCar Smart Tag number),  and fuel purchase transaction information (including time and place of purchase, fuel type, gallons purchased, transaction price, discounts applied). Additionally, our Outside Contractor (as defined below) that is responsible for payment processing services (the “Payment Services Provider”) may collect your credit card information from you directly.

Non-Personally Identifiable Information

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.

WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We will collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service.

Registering to Use the Service and in the Course of Using the Service.

You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, e-mail address, mobile telephone number, vehicle transponder number (such as your E-zPass or PayByCar Smart Tag number) and including credit card information directly to the Payment Services Provider. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by communicating with us including by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service, including any information you provide when you enter into one of our contests or other promotions.    

 

Cookies and Action Tags.

We may collect information passively using “cookies” and “action tags.”

 

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

 

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements, such third-party advertisers could place or recognize unique cookies on your browser.

 

You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.

 

For the avoidance of doubt, the Service uses third-party service platforms (including to help analyze how users use the Service).  These third-party service platforms may place cookies on your computer or mobile device.  If you would like to disable "third party" cookies, you may be able to turn them off by going to the third party's website.

Here is a link to the main third-party platform we use:

https://www.google.com/policies/privacy/

"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or e-mail sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. Information collected from some cookies placed on the website may be used to deliver advertisements to PayByCar site visitors when such visitors are visiting other websites, including Facebook and LinkedIn.

Finally, you should be aware that advertisers and other third parties may use their own cookies or action tags when you click on their advertisement or a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising.

 

Log Files.

We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.

 

Public Areas.

The Service may feature various community areas and other public forums (the "Public Areas") where Service users with similar interests can share information and post questions for others to answer. These Public Areas are open to the public and should not be considered private. We cannot prevent information included within a Public Area from being used in a manner inconsistent with this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.

Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, and Bing. If you mistakenly post personally identifiable information in a Public Area you can send us an e-mail to request that we remove it by contacting us at privacy@myPayByCar.com. You should understand that in some cases, we may not be able to remove your information.

DOES PAYBYCAR COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. In fact, as currently operated persons under the age of 18 may not use the Service.  By providing information to PayByCar, you represent that you are 18 years of age or older.

WHAT DOES PAYBYCAR DO WITH THE INFORMATION IT COLLECTS?

In general, we use the information collected to provide the Service to you and process your transactions, to administer contests and promotions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and, unless you opt out, so that we and third parties can contact you about products and services that may be of interest to you.

We may use your information to send you a welcoming e-mail that may confirm your user name and password. Unless you opt out, we and third parties may subsequently send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: privacy@myPayByCar.com.

 

If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.

 

We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.

 

We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.

WHEN DOES PAYBYCAR DISCLOSE INFORMATION TO THIRD PARTIES?

 

We generally disclose information we gather from you through the Service to the following types of third parties and as otherwise set forth in this Privacy Policy or our Terms of Service or as specifically authorized by you.

Laws and Legal Rights.

 

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the PayByCar Terms of Service or another contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.

 

Third Parties Generally.

 

If you participate in a PayByCar contest or promotion, we may share contestant names as disclosed in the terms of the contest or promotion, including by posting the winner’s name on our Site and on our social media channel sites. In addition, we may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party advertisers, analytics service providers and commercial partners) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites.  The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors, analytics services providers, and website tracking services), merchants (including the merchants where you purchase fuel), affiliates and other actual or potential commercial partners, and other similar parties. Please note in particular that the Service uses Google Analytics, including its data reporting features.  Information collected by Google Analytics includes but is not limited to web metrics.  For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners' sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.

 

Professional Advisors.

 

We may provide your information to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

 

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information.  We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personally identifiable information.

 

Sale of Business.

 

We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of PayByCar or any of its Corporate Affiliates (as defined below), or that portion of PayByCar or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in PayByCar,or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.

 

Affiliates.

 

We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with PayByCar, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

Our Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.

 

IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?

We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information.  If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.

FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?

We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.

To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.

WHAT CHOICES DO I HAVE REGARDING MY PERSONALLY IDENTIFIABLE INFORMATION?

We generally use personally identifiable information as described in this Privacy Policy or our Terms of Service or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must "opt in" and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and "opt out" of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting privacy@myPayByCar.com.

 

DO NOT TRACK

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.

 

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

We may revise this Privacy Policy from time to time.  We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us in any of the following ways:

 

By e-mail:

privacy@myPayByCar.com

By postal mail or courier:

Attn: Privacy
PayByCar, Inc.

550 Route 299

Suite 100B

Highland, NY  12528