PRIVACY POLICY

Last updated date: 12.09.2024.

NOTES

This privacy notice describes how the “LIONWOOD SOFTWARE INC.” (collectively, the “We”, “Us” or the “Company”) may use your personal data (sometimes referred to as “personal information” or “personally identifiable information”), and provides information about your rights in relation to personal data (hereinafter – the “Privacy Policy”) in a situation when you: (i.) download (and log in to) Our “Bid to Drive” app on one of the digital distribution platforms such as the App Store and/or Google Play, or (ii.) when you contact Us via Our contact data posted on Our social media (including, but not limited to, LinkedIn, Instagram, etc.), or on digital distribution platforms such as the App Store and/or Google Play, or via email. Hereinafter, such persons are collectively referred to as “User(s)”.

GENERAL INFORMATION

“LIONWOOD SOFTWARE INC.” is the developer and operator of the “Bid to Drive” mobile application (the “Application”). We are the “Controller” of the User(s) personal data in the following cases: (i.) when We provide the User(s) with access to his/her personal account in the Application after the initial registration by the User(s) in the Application; and (ii.) when We contact Our potential Users who are interested in using Our Application via e-mail, and (iii.) when the User(s) interacts with Our Application, and (iv.) when the User and Us have entered into any civil and/or labor agreement, which may have different purposes other than providing Us with services for improving the Application.

We are required under data protection legislation to notify Our User(s) of the information contained in this Privacy Policy. This Privacy Policy does not in any way imply the conclusion of a principal cooperative agreement or any other contractual relationship between Us and the User(s).

Please read Our Privacy Policy carefully to get a clear understanding of how We collect, use, store, share, protect, or otherwise handle your personal information as a User of Our Application.

Note: Our Application may contain links to other websites and/or mobile applications that are not operated by Us. If a User(s) clicks on a third-party link on Our Application, such User(s) will be directed to that third party’s website and/or mobile applications. We strongly recommend that the User(s) review the privacy policy of each website and/or mobile application that the User(s) visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites and/or services and/or mobile application located outside Our Application.

DEFINITIONS

The terms used, such as “controller”, “processor”, “third-party”, “personal data breach”, “personal data” or their “processing”, etc. refer to the definitions in Article 4 of the GDPR.

The term “User” covers all categories of persons affected by data processing. These include Our business partners, customers, potential customers, employees, contractors, subcontractors, service providers, etc., and other visitors to Our Application who have completed the registration process in Our Application and are waiting to confirm their registration from Us in order to access their personal account in Our Application. The terms used, such as “Users” are to be understood gender-neutral.

GROUNDS FOR COLLECTION OF PERSONAL DATA

Any process of User(s) personal data is performed only in accordance with this Privacy Policy, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJEU No L 119 of 4 May 2016) (hereinafter – the “General Data Protection Regulation” and the “GDPR”), the UK Data Protection Act of 2018 (hereinafter – the “UK DPA”), and other regulatory acts.

We process personal data of User(s) only in compliance with the relevant data protection regulations. This means that Users’ data will only be processed if We have a legal permit. That is, especially if the data processing to provide the User(s) with access to their personal accounts in Our Application is required or required by law, the consent of the user exists, as well as Our legitimate interests (i.e., interest in the analysis, optimisation and economic Operation and security of Our Application offer within the meaning of Art. 6 (1) lit. GDPR).

Please note that: (1) the legal basis for the consent is Art. 6 para. 1 lit. a. and Art. 7 GDPR; (2) the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures is Art. 6 para. 1 lit. b. GDPR; (3) the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 para. 1 lit. c. GDPR; (4) the legal basis for the processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f. GDPR, etc.

If any of the Users is a resident of the United States, the User(s) has rights under the following state-specific law, which We are committed to comply with (the name of the document refers to the state): (i.) the California Consumer Privacy Act of 2018 (hereinafter – the “CCPA”), (ii.) the Colorado Consumer Privacy Act (hereinafter – the “CPA”), (iii.) the Connecticut Data Privacy Act of 2023 (hereinafter – the “CTDPA”), (iv.) the Delaware Personal Data Privacy Act (hereinafter – the “DPDPA”), (v.) the Florida Digital Bill of Rights (hereinafter – the “FDBR”), (vi.) the Biometric Information Privacy Act (hereinafter – the “BIPA”), (vii.) the Consumer Data Protection Act (hereinafter – the “CDPA”), (viii.) the Iowa Consumer Data Protection Act (hereinafter – the “ICDPA”), (ix.) the Montana Consumer Data Privacy Act (hereinafter – the “MCDPA”), (x.) the Oregon Consumer Privacy Act (hereinafter – the “OCPA”), (xi.) the Nevada Privacy of Information (hereinafter – the “Senate Bill 220” or the “SB 220”), (xii.) the Utah Consumer Privacy Act (hereinafter – the “UTCPA”), (xiii.) the Tennessee Information Protection Act (hereinafter – the “TIPA”), (xiv.) the Texas Data Privacy and Security Act (hereinafter – the “TDPSA”), (xv.) the Virginia Consumer Data Protection Act (hereinafter – the “VCDPA”), etc. If You are a U.S. federal government end User, Our Application is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

HOW AND WHAT PERSONAL INFORMATION WE COLLECT ABOUT THE USER(S)

The User(s) directly provide Us with most of the data We collect. We collect, process, etc. the following data:

• Personal data: We do not collect personal data such as last name, first name, date of birth, passport number and series, individual tax number, address of actual location, personal email address, mobile phone number, company data (such as name, legal address, tax number, email address, etc.) and position in the company, curriculum vitae (in the case of employment), data of a valid personal individual entrepreneur, etc., when the User(s) visits the page of one of the digital distribution platforms such as the App Store and/or Google Play where Our Application is available, UNLESS cases: (i) when the User(s) have completed the registration process in Our Application and are waiting for confirmation of their registration from Us in order to access their personal account in Our Application; or (ii) when the User(s) corresponds with Us by email; or (iii) when the User and Us have entered into any civil and/or labor agreement, which may have different purposes other than providing Us with services for improving the Application.  Depending on the case, We will use this personal information for various purposes to provide the User(s) with access to their personal accounts in the Application and/or to improve the quality and capability of Our Application and/or to fulfill contractual obligations under civil and/or labor agreements, as well as to respond to inquiries from all Users and subsequently send the User several promotional or informational emails regarding Our Application. If the User(s) do not wish to receive such emails, an unsubscribe option will be provided in the email or, if the User(s) wishes, may send an email with a request to [email protected]. Sometimes, we also collect and process personal data that is public knowledge about a certain User(s) during a personal research process of the User(s) on the social network (such as LinkedIn, Instagram, YouTube, etc.), or other web platforms.

Note: We in no way collect the User’s personal data, such as bank data/requirements that the User uses when the User settles with Us on the “LiqPay” payment system web application and/or the “Stripe” payment system web application, etc. (for more details, see the “APPLICABLE TERMS” section). We strongly recommend that the User(s) visit their website and familiarize themselves with the legal basis for this, as We do not bear any responsibility (including solidarity) for the collection, processing, storage, use, and transfer of your personal data by such companies.

• Non-personally identifiable information (such as device type, operating system version, screen resolution, usage patterns and anonymous location data) is collected to help Us better understand how Our Application is utilized. This data includes metrics such as how often the app is used, how you interact with certain features, and the type of connection (Wi-Fi, 4G, etc.). Our purpose for collecting such information is to improve the performance of the Application, optimize the user experience and ensure that the Application is properly functional for all Users without violating their personal privacy.
• Other information about the User(s), which combines parts of each of the previous ones: We collect other information that the User(s) may provide to us when completing a survey from Us or participating in promotional/marketing offers, etc.

CHILDREN’S PRIVACY

Our Application is not directed to anyone under the age of 18 (hereinafter – the “Children”). We do not knowingly collect personal information from anyone under the age of 18. In case the User(s) is a parent or guardian and knows that your Children have provided Us with the personal information, please contact Us (see “Contact Us” section). If We discover that such person under 18 years of age has registered and is waiting for confirmation from Us to access their personal account on Our Application, We will take all appropriate steps to prohibit such person from accessing the personal account on Our Application and notify such person under 18 years of age via email that such person needs to provide Us with written permission from such person’s parent or guardian in order to continue using on Our Application (if We have the person’s email address).

PROTECTION AND USE OF PERSONAL DATA OF THE USER(S)

We use appropriate methods of personal data collection, storage, processing and share, as well as security measures to protect against unauthorised access, alteration, disclosure, or destruction of personal data of the User(s) and data stored on DigitalOcean cloud hosting, which is managed by Our Application. We do not share personal data of the User(s) with third parties, except for Our affiliates, Our employees and/or contractors and/or subcontractors and/or recruitment service providers for Us, which have agreed in written consent not to collect, store, process and transfer the personal data of Our User(s) to other third parties without Our prior written permission, as well as to third parties described in the “APPLICABLE TERMS” section with whom We have signed (agreed to) their terms of use (offer agreement) or service agreement, and privacy policy when We registered for their services. We may (and do) enter into agreements (i.e., master service agreement and non-disclosure agreements, etc.) with each User(s) with whom we cooperate in various business areas that define the protection of Our confidential information, which includes the personal data of the User(s), and the liability for violation of these requirements.

We use all (both personal and non-personal) User(s) data to (i.) respond effectively to User(s) inquiries, (ii.) to improve the quality and capability of Our Application, (iii.) to provide the User(s) with access to their personal accounts in the Application, (iv.) fulfill Our risk management and fraud prevention obligations to protect User(s) and Us from misuse of Our Application, (v.) inform User(s) about changes and new features of Our Application; (vi.) share with Our marketing and advertising partners to further improve Our marketing strategies, (vii.) comply with local, national and international laws and regulations to be able to provide Our Application to the User(s), (viii.) to fulfill contractual obligations under civil and/or labor agreements, (ix.) etc. Furthermore, We may also use User(s)’ data to send newsletters, marketing or promotional materials and other information about Our Application and/or Our business.

Note: We do not currently sell any personal data We collect from Users to third parties. If We do so in the future, We will update this Privacy Policy and provide all of Our Users with notice of this with an opportunity to opt-in or opt-out of the sale of their personal data.

We may be required to disclose all or any part of the User(s) personal data if required to do so by law or at the request of a governmental or regulatory organization/authority, or if We believe in good faith that such disclosure is necessary to (i.) comply with legal or regulatory requirements or to conform to legal process; (ii.) to prevent crime; (iii.) to prevent any terrorist activity or threat to national security; (iv.) to protect and defend the property rights of “LIONWOOD SOFTWARE INC.”; (v.) to protect the safety or welfare of the User(s); etc.

STORAGE OF OUR USER(S) PERSONAL DATA

We securely store your data on DigitalOcean cloud hosting, which is managed by Our Application.

The data retention period that We receive from the User(s) is calculated for each moment of cooperation individually in compliance with all relevant regulations, which are confirmed by this Privacy Policy. However, in general, the period is from 6 (six) months from the first collection of such data to the maximum period allowed by applicable law, taking into account such circumstances as whether the User continues to use Our Application or whether We cooperate with the User, etc. Retention periods from other recipients (owners of other websites outside of Our Application) are set exclusively by them in their privacy policies.

Note: In case the User(s) requests that We do not store personal data by sending Us a request to [email protected], We will take all reasonable measures to delete all personal data about such User(s). However, with the explicit consent of the User, We may retain a streamlined version of their profile, including their email address, for future purposes, enabling Us to keep the User informed about Our recruitment campaigns or marketing offers.

YOUR RIGHTS (INCLUDING CHAPTER III, ARTICLES 15 – 21 OF THE GDPR , AND OTHER REGULATORY ACTS)

The User(s) has (have) the following rights in connection with the processing of personal data by Us (the exercise of each of the following rights is carried out at the request of the User(s)):

• Submit a request to Us for access to the personal data of the User(s) (generally known as a “data subject access request”). This will allow the User(s) to obtain a copy of the personal data We hold about such User(s) and to verify that We are processing it lawfully.
• Request correction of the personal data We store about the User(s). This will allow the User(s) to correct any incomplete or inaccurate information that We store about the User(s).
• Request for deletion of personal information of the User(s). This allows the User(s) to ask Us to delete personal information if there are no compelling reasons for its further processing. The User(s) also have the right to ask Us to delete personal information if the User(s) have exercised their right to object to processing.
• Object to the processing of the User(s) personal data when We rely on a legitimate interest (or the interest of a third party) and there is something specific to the situation that makes the User(s) object to the processing on this basis. The User(s) also have the right to object if We process personal data for direct marketing purposes, for example, in Our recruitment campaigns.
• Request to restrict the processing of personal data of the User(s). This allows the User(s) to request Us to pause the processing of personal data, for example, if the User(s) wants Us to check its accuracy or the reason for processing.
• Submit a request to Us to transfer the User’s personal data to another party.

The User(s) does not need to pay for access to personal data (or for exercising any other rights). However, We may charge a reasonable fee if the User(s)’ request for access is manifestly unfounded or excessive, and in such circumstances We may refuse to grant the request.

We may need to request certain information from the User(s) to help Us verify the identity of the User(s) and to ensure that such User(s) have the right to access the information (or to exercise any other rights of the User(s)). This is another appropriate security measure to ensure that personal data is not disclosed to any person who is not entitled to receive it.

Notice: In the event that the User(s) wish to review, verify, correct or request deletion of personal data, object to the processing of personal data or request that We transfer a copy of personal data to another party, please contact Us at [email protected] in writing.

TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

The User’s personal data is transferred to (or within) third countries if Our Application is also available for download and authorization in the territory of a third country. The personal data of the User(s) may also be transferred to entities that provide tax, legal, and audit advice to Us if they operate in or outside the territory of a third country. In each of the above cases, We protect the processing of the User’s personal data, in particular, by entering into confidentiality agreements and processing personal data in a manner that complies with the provisions of generally applicable EU and UK data protection laws, as well as on terms designed to ensure the security of the processing of the User’s personal data. We do not transfer personal data of the User(s) to international organizations. We also do not transfer personal data of the User(s) to third countries, if such transfer is impossible or prohibited by generally accepted legislation.

• Any transfer of personal data to the United States of America and other countries outside the European Union (hereinafter – the “EU”) and the European Economic Area (hereinafter – the “EEA”) will be carried out on the basis of Standard Contractual Clauses (hereinafter – the “Standard Contractual Clauses” or the “SCC”) together with a Transfer Impact Assessment (hereinafter – the “TIA”) in accordance with Art. 46(2)(c) GDPR and with the consent of the User(s), e.g., if the User consents to the use of cookies, this will also be consent to the possible transfer of the User’s personal data to the United States of America in accordance with Art. 49(1)(a) GDPR in connection with Art. 6(1)(a) GDPR.
• Any transfer of personal data to the EU and/or the EEA is carried out on the basis of a Data Protection Agreement (hereinafter referred to as “Data Protection Agreement” and/or the “DPA”), if necessary, together with a TIA, in accordance with Art. 28 GDPR, Art. 32 GDPR, etc., and with the consent of the User(s) (e.g., based on Art. 6(1)(a) GDPR).

APPLICABLE TERMS

Note: We may partner with third-party companies and individual entrepreneurs to facilitate the operation of Our Application, or to assist Us in the analysis of how Our Application is used for the purpose of improving it, etc. (collectively, “Service Providers”). Such third parties have access to the Personal Data of the User(s) only to perform the tasks provided directly by Us and are obliged not to disclose or use them for any other purpose, except as provided in the customized cooperation agreement (as described below) or in the terms of use (offer agreement) and privacy policy on the websites of such third parties. Such cooperation with third parties must be documented by the necessary documents (including the master service agreement and non-disclosure agreements and/or terms of use (offer agreement) and privacy policy, etc.) with appropriate penalties for breach of obligation, but the User(s) approve by granting Us consent to the processing etc. of personal data that We are not responsible (including solidary responsibility) for the unlawful use of the User’s personal data by such Service Providers (please note that each Service Provider manages personal data in accordance with the personal terms of use (offer agreement) and privacy policy on the Service Providers’ websites).

• LiqPay (parent company – Joint Stock Company Commercial Bank “PrivatBank”) is a payment service that enables internet acquiring, allowing payments to be accepted on websites and mobile applications connected to the Internet. The service is provided through the LiqPay system by JSC CB “PrivatBank” and is subject to the privacy policy of JSC CB “PrivatBank” (available at the link) as well as the terms and conditions of service in the LiqPay system (available at the link).
• Stripe (Stripe, Inc.) is a leading online payment service, designed for businesses to manage and accept payments on websites and mobile applications in real-time. This service is provided by Stripe, Inc. and is subject to the privacy policy of Stripe, Inc. (available at the link).
• DigitalOcean (DigitalOcean, Inc.) is a cloud hosting provider that offers cloud computing services and infrastructure as a service (IaaS). DigitalOcean is designed to deliver a reliable and flexible cloud environment for deploying, managing, and scaling applications. The services are governed by DigitalOcean’s Privacy Policy (available at the link).
• App Store (Apple Inc.) is a digital distribution platform that provides users with access to a wide range of mobile applications for iOS devices, including games, productivity tools, and utilities. It is designed to offer a secure and user-friendly experience for discovering, downloading, and updating apps. The platform is subject to Apple’s Privacy Policy (available at the link), ensuring the protection of user data and compliance with privacy regulations.
• Google Play (Google LLC) is a digital distribution platform that provides users with access to a variety of mobile applications, games, movies, books, and other digital content for Android devices. It is designed to offer a secure and seamless experience for discovering, downloading, and managing apps and content. The platform is subject to Google’s Privacy Policy (available at the link), which governs the collection and use of user data while ensuring privacy and security.

UPDATES TO THIS PRIVACY POLICY

We have the right to periodically change, update and supplement the Privacy Policy to ensure the security of Personal Data, notify the User(s) of changes in the use of Personal Data and comply with the requirements of GDPR, etc.

In the event of significant changes regarding personal data, We notify the User(s) of such changes by posting news on the Application before the changes become effective and update the “Last update” at the top of Our Privacy Policy and/or by means of an e-mail newsletter. We recommend that the User(s) periodically review the Privacy Policy to obtain information about how We use the User’s personal data.

In case the User(s) have opted out of emails in which We inform the User(s) of changes in legal documentation, the User(s) are still responsible for familiarizing Yourself with them.

After making changes to the Privacy Policy, We have the right to request the Users’ re-consent to the updated Privacy Policy. Changes to the current Privacy Policy shall become effective 30 (thirty) calendar days from the date of publication of the new, amended version of the Privacy Policy.

Our electronic or otherwise stored copies of the Privacy Policy shall be deemed to be the true, complete, valid and enforceable version of this Privacy Policy in effect at the time of the User(s) interaction with Our Application.

By continuing to interact with Our Application, the User(s) confirm the User’s acceptance of the changes made to this Privacy Policy.

This Privacy Policy is written in English, and if You use a web browser translator or any other translation tool, We are not responsible for the accuracy and quality of such translation.

Contact Us

In the event that the User(s) has any questions about Our Privacy Policy, the data We hold about the User(s), or the User(s) would like to exercise one of the data protection rights, please contact Us by sending an email to [email protected].