PRIVACY NOTICE

Last Updated: 05/22/2024

Welcome to the James App! The James App is owned and operated by Honest Day's Work, LLC (“Honest Day’s Work” “we,” “us,” “Company,” and “our”).

We use “James App” to refer to the James App website (the “Site,”) and our iOS and Android apps (collectively referred to as our “Services”). We also use “Honest Day’s Work” “we,” “us,” “Company,” and “our” to refer to the companies operating our Services as described in our Terms of Service.

This Privacy Notice describes the personal information we collect from Riders, Drivers, Guest Users, and other Site visitors and other Service users (collectively, “you”), how it is used and shared, and your choices regarding that data.

Before using the Services or submitting any personal information to Honest Day’s Work, please review this Privacy Notice carefully and contact us if you have any questions. When you use the Services, your personal information will be handled in accordance with the practices described in this Privacy Notice.

CONTENTS OF THIS PRIVACY NOTICE

• Scope
• Information We Collect
• How We Use Your Personal Information
• Sharing and Disclosure of Personal Information
• Accessing and Correcting Your Personal Information
• Children’s Privacy
• Links to Other Websites
• Security
• How We Store, Transfer and Retain Your Personal Information
• Changes To This Privacy Policy
• Contact Us

1. SCOPE

This Privacy Notice describes how we collect and use personal information. This Privacy Notice specifically applies to:

• Riders: individuals who request or receive transportation and related services via their James App account.
• Drivers: individuals who provide professional chauffeur services to Riders through transportation companies.
• Guest Users: individuals who receive professional chauffeur services ordered by other James App account holders, including friends and family members.
• Site Visitors: individuals who visit Honest Day’s Work’s website(s) and mobile application(s).
• Other Service Users: individuals who use our Services in any other capacity.

This Privacy Notice also governs Honest Day’s Work’s other collection of data in connection with its Services. For example, we may collect contact information of owners or employees of a transportation service (e.g., Transportation Charter-Party Carrier (TCP)), pursuant to which the transportation-for-hire license or authority Drivers are providing their professional chauffeur services; data of individuals who start but do not complete their applications to be Drivers; contacts’ information where a User shares their address book with us.

Please contact us through the addresses below with any questions regarding our practices in a particular country or region.

2. INFORMATION WE COLLECT

Information You Provide: We collect the following categories of information, including personal information, from you when you use or interact with us through the Services:

• Identification Information: If you choose to create an account with us, we collect your name, email address, phone number, address, and profile photo. We may edit photos submitted by Drivers before posting them as profile photos to ensure that all Driver profile photos have a consistent James App feel and look for the purposes of increasing Rider engagement. We will not make any changes to photos Riders upload to their profiles. Drivers will also have to provide their driver’s license number, TCP, livery, black car, limousine or any other transportation-for-hire permit number, license plate number, proof of insurance, and birthday. We may also collect any additional information you provide to us when you create an account or use the Services.
• Credit Card or Payment Information: For billing and payment, you will be required to provide your credit card or other payment method as well as identification information to our payment processor, Stripe. Accordingly, in addition to this Privacy Notice and our Terms of Service your payment and personal information is also processed pursuant to Stripe’s services agreement and Privacy Notice. For clarity, we will not be processing your credit card or other payment method information; such information will only be processed by Stripe.
• Contacts’ Information: We collect your contacts’ information, such as their name and phone number, if you choose to upload or import it from your device, for instance, by giving us access to your address book.
• Friends Information: We collect information about your friends (or followers) on the James App. If you do choose to share your contacts’ information with us, when someone from your address book joins the James App, you will automatically ’follow’ them and they will ’follow’ you if they have you in their address book. You can always remove or block a friend.
• Banking Information: For remuneration to Drivers, our banking API partner, Stripe, collects the financial information necessary to process payments through the Services. This information may also include identification information. Accordingly, in addition to this Privacy Notice and our Terms of Service, your financial and personal information is also processed pursuant to Stripe’s services agreement and Privacy Notice. For clarity, we will not be processing your banking information; such information will only be processed by Stripe.
• Content and Communication Information: We collect information when you share any personal information with us (either about yourself or about a Driver) in the Notes field or in the Chat in the James App or on our Site. Specifically with respect to your comments in the Notes field about your Driver, the information you provide will be shared with other Riders, but we will not show it to the Driver. We also collect information when you contact us with questions or concerns and when you voluntarily respond to prompts, questions, questionnaires, and surveys or requests for market research seeking your opinion and feedback. Providing content and communication data is optional to you.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information That We Collect When You Use the Services

• Location Data (Drivers): We collect precise or approximate location data from Drivers’ mobile devices when the James App is running in the foreground (app open and on-screen) or background (app open but not on-screen).
• Location Data (Riders): We collect precise or approximate location information from Riders’ mobile devices if they enable us to do so via their device settings. Honest Day’s Work collects such data from the time a trip or order is requested until it is finished, and any time the app is running in the foreground (app open and on-screen).
  Riders may use the James App without enabling collection of location data from their mobile devices. However, this may affect certain features in the James App. For example, a rider who has not enabled precise location data will have to manually enter their pick-up address.
  In addition, precise location data collected from a Driver’s device during a trip is linked to the Rider’s account, even if the rider has not enabled precise location data to be collected from their device. This data is used for purposes such as receipt generation, customer support, fraud detection, insurance, and litigation.
• Transaction information:We collect transaction information related to the use of our Services, including the type of services requested or provided; trip or order details (such as date and time, requested pick-up and drop-off addresses, distance traveled and items ordered). Usage Information: Details of your visits to our Site and apps, including traffic data, location data, logs, time, frequency, and duration of your activities on our Services , features you use, preferences you set, content and communication data and metadata, and the resources that you access and use on the Services.
• Usage Information: Details of your visits to our Site and apps, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
• Social Media Information: We may have pages on social media sites like Instagram, Facebook, YouTube, and TikTok (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal information that you elect to provide or make available to us through your settings with the relevant Social Media Pages, such as your contact details, profile photos, and friend lists. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
• Device Information: Information about your device (computer, mobile phone) and internet connection, including your IP address, operating system, and browser type; information you’ve shared with us through device settings; information about our Services’ performance on your device; information from cookies and similar technologies Communications Data: We collect data regarding phone, text or in-app communications between Users that are enabled through the James App and Notes you leave about your Drivers, which, in turn, are shared with other Users, but not with Drivers. This includes date and time, as well as the content of notes, text or in-app messages. Information We Collect or Infer About You Based on Others’ Activity: We collect or infer information about you based on others’ activity. For instance: We collect information about you on Services when others upload their address book that has your contact information in it, or when others send you a message. We may suggest a friend to you through the James App “people you may know” feature if you both appear on a contact list that someone uploads.
• Communications Data: We collect data regarding phone, text or in-app communications between Users that are enabled through the James App. This includes date and time, as well as the content of text or in-app messages.

3. HOW WE USE PERSONAL INFORMATION

We may use personal information for the following purposes:

• To provide you with access to or use of the Services or functionality, including sharing personal information to enable transportation services. This includes sharing personal information between Drivers and Riders such as first name, license plate number, profile photo and pick-up and drop-off address;
• To analyze your use of such Services or functionality;
• To process payments;
• To respond to your inquiries, comments, feedback, or questions;
• To enable communications between Drivers and Riders. For example, a Driver may message or call a Rider to confirm a pick-up location; a Rider may call a Driver to retrieve a lost item;
• To enable social features, including sharing information about other Riders who are your friends (or followers), their profiles with photos, their preferred Drivers, and notes they shared about Drivers;
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies;
• To market our Services, including to advertise features, offers, promotions, sweepstakes, news, and events (see more information on marketing below);
• To market our Services, including to advertise features, offers, promotions, sweepstakes, news, and events (see more information on marketing below);
• To analyze how you interact with our Services;
• To maintain and improve the Services;
• To develop new products and services;
• To verify your identity and maintain legal and regulatory compliance, such as banking and Know Your Customer regulations;
• To perform necessary operations to maintain our Services, including to troubleshoot software bugs and operational problems;
• To prevent fraud, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture, and networks;
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties;
• To fulfill our legitimate business purposes;
• To fulfill any other purpose for which you provide it; and
• For any other purpose with your consent.

Aggregated Information. We may aggregate personal information so that it can no longer identify an individual and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Notice.

Marketing. We may use your personal information to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share the categories of personal information described above without further notice to you, unless required by the law as follows:

• Our Subsidiaries and Affiliates: To help us provide our services or conduct data processing on our behalf.
• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share personal information with vendors and service providers. Pursuant to contractual obligations, such parties will access, process, or store personal information in the course of performing their duties to us. Such parties include, but are not limited to, Mapbox, in connection with the use of Mapbox maps, providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, including Zendesk, web analytics services, and single sign-on providers, including Google. James App's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Google Limited Use requirements.
• Between Riders and Drivers: To facilitate transportation services we may share with Drivers Rider first name, profile photo, pick-up and drop-off location and contact information. We may share with Riders Driver first name, profile picture, license plate number, vehicle make and model and contact information.
• Between Riders and Riders: To facilitate social features, we share Riders’ profiles and notes about Drivers with their “friends,” i.e., other Riders who are in your address book (if you allow us to access your address book) and who you will automatically “follow” if they join the James App. You can always remove or block a “friend” who you “follow.”
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your personal information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
• General Public: Questions or comments from you submitted through public forums, such as our social media pages, may be viewable by the public, including any personal information included in the questions or comments submitted by a user.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• We may also use Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics: https://tools.google.com/dlpage/gaoptout.
• Please note that we do not alter our Site’s data collection and use practices when we see a “Do Not Track” signal from your browser.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

5. ACCESSING, CORRECTING, AND DELETING YOUR INFORMATION

You can review and change your personal information by logging into the Services and visiting your account profile page.

You may also send us an email at support@james.app to request access to or correction or deletion of any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Service.

6. CHILDREN’S PRIVACY

Our Services are not directed to children who are under the age of 16. Honest Day’s Work does not knowingly collect personal information from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided personal information to Honest Day’s Work through the Services please contact us and we will endeavor to delete that information from our databases as soon as possible

7. LINKS TO OTHER WEBSITES

The Services may contain links to other websites not operated or controlled by Honest Day’s Work, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Notice. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

8. SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

9. HOW WE STORE, TRANSFER AND RETAIN YOUR PERSONAL INFORMATION

Honest Day’s Work stores your information on our service providers’ servers located in the U.S. Regardless of where you use our Services or provide information to us, the information may be transferred to and maintained on servers located inside and outside the U.S., including to countries outside the European Economic Area (“EEA”). By using our Services you acknowledge, agree and consent to your information, including your personal information, being processed outside your jurisdiction, including in countries and jurisdictions that may not provide the same level of protection. Such transfers will only take place for the specific purposes mentioned in this Privacy Notice.

Honest Day’s Work retains your personal information only for as long as is necessary for the purposes set out in this Privacy Notice. You can ask us to delete your personal information at any time by contacting us. Subject to Section 4, we will delete all personal information including all User Contributions associated with you within two weeks of receiving your request.

Honest Day’s Work shall not be liable to the user or any person for the deletion or failure to store any personal information including User Contributions arising from the account holder’s decision to terminate their account or otherwise.

10. CHANGES TO THE PRIVACY NOTICE

The Services, our business, and applicable law may change from time to time. As a result we may change this Privacy Notice at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. We encourage you to periodically review this Privacy Notice for the latest information on our privacy practices.

By continuing to use our Services or providing us with personal information after we have posted an updated Privacy Notice, or notified you by other means if applicable, you consent to the revised Privacy Notice and practices described in it to the extent required or permitted by law.

11. CONTACT US

If you have any questions about our Privacy Notice or information practices, please feel free to contact us at: support@james.app.