- When you use and interact with https://tlcrentalmarketplace.com/ (TLR);
- When you create an account on TLR;
- When we email you; and
- When we otherwise interact with you.
Personal Information We Collect
- Your name;
- Your mailing and billing addresses;
- Your email address;
- Your telephone number;
- Your payment card information;
- Government identification information;
- Taxi and Limousine Commission License;
- Your location via IP address;
- What type of device you are using to access the Services;
- Cookies and similar technologies;
- Personal Information you provide to access or utilize the Services; and
- Other relevant data.
How We Collect Your Personal Information
We, or our affiliates or third parties, agents, or subcontractors acting on our behalf may collect and store your Personal Information through:
- Direct Interactions – You may provide us with your Personal Information directly when filling out a form, subscribing to our email list, or otherwise by interacting with us in person, by mail, by phone, by email, or otherwise.
How We Use Your Personal Information
When We Share Your Personal Information
When you utilize the Services, we may need to transfer your Personal Information to other website users or third parties in order to complete your transaction or facilitate communication between you and other users. Some of these locations may be in countries other than your country of residence, and the data security laws governing those locations may differ from those in your country.
We may also distribute your Personal Information to third party service providers, such as web analytics companies and market researchers. We use such third parties to conduct data processing, engage in email and direct-mail communications on our behalf, and provide us with information about how users interact with our Services.
We may also provide your Personal Information to other companies that we may partner with to provide you with the Services.
Although unlikely, we may disclose your Personal Information when we believe it is necessary to identify, contact, or bring legal action against you or persons or entities who may be causing injury to you, to us, or others. We may also disclose your Personal Information when we believe it is required by law.
We may disclose your Personal Information to a third party in the event that we engage in a reorganization, merger, sale, joint venture, assignment, transfer, or otherwise dispose of all or any portion of our business, including in connection with a bankruptcy or similar proceeding.
How We Store Your Personal Information
Your Personal Information is stored on our servers in the United States. We maintain reasonable technical, electronic, and organizational security procedures to maintain the security of your Personal Information and protect it against unauthorized or unlawful loss, alteration, disclosure, or access. Those procedures include contractual terms with contractors, agents, and data processors that require those entities to protect the security and confidentiality of your Personal Information. While we strive to protect your Personal Information, we cannot guarantee the security of the Information we collect. You must notify us if the email or password you provide us to create an account on TLR is ever compromised, so that we can take appropriate steps to protect your Personal Information.
We will maintain and store your Personal Information for as long as we are required to do so by applicable laws or for as long as necessary to use the information in the manner described above. When your Personal Information is no longer needed, we will take appropriate steps to anonymize or delete it, unless we must keep that information to comply with applicable laws. In any case, we will not keep your Personal Information beyond the maximum term set by any applicable law.
We do not knowingly collect Personal Information from children under the age of 18 and users under the age of 18 should not submit any information to us. If we have actual knowledge that Personal Information about a child under the age of 18 has been collected, then we will take the appropriate steps regarding that Personal Information.
Cookies and Other Tracking Technologies
- Strictly Necessary Cookies – These cookies are required for the operation of our Website, for example the cookies that allow you to log into a secure area.
- Analytical/Performance Cookies – These cookies allow us to recognize and count the number of users on our Websites, track how our Websites perform, and improve the function of our Websites.
- Functional Cookies – These cookies improve the functional performance of our Websites and make them easier for you to use.
- Targeting Cookies – These cookies record your visit to our Websites, the pages that you visited, and the links you followed. These cookies remain on your device, and you can delete these cookies via your browser settings. We will not collect these cookies from individuals in the EU or in California without first obtaining consent.
You can generally set your browser to not accept cookies or to notify you when you are sent a cookie. Not accepting cookies will adversely impact your ability to perform certain transactions and use certain functions of our Websites.
We also work with third parties that use tracking technologies to collect data or provide tailored advertisements on our behalf, including Google Analytics, among others. To prevent Google’s collection and use of data, download and install a browser plug in available at https://tools.google.com/dlpage/gaoptout. For information about other targeted advertisements, visit www.allaboutads.info.
Your Rights as a California Resident
This section contains disclosures required by the California Consumer Privacy Act of 2018 (“CCPA”) and applies only to the Personal Information subject to the CCPA.
We collect, use, and share Personal Information from California residents for commercial purposes, including marketing, advertising, facilitating transactions, and co-sponsored and co-branded promotions, contests, products and services; for business purposes as defined in the CCPA including, auditing and analysis related to our interactions with you, legal compliance, detecting and protecting against security incidents, fraud, and illegal activity, debugging, performing services, internal research, internal operations, activities to maintain and improve our services, to facilitate services you request, and in the event of reorganizations, mergers, sales, joint ventures, assignments, transfers, or other dispositions of part or all of our business assets or stock.
YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
California consumers have certain rights with respect to the personal information we collect. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
- The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
- The right to request that we delete the personal information we have collected from you or maintain about you;
- The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we may be unable to provide you with the services that rely on such sales;
- The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise your right to know, right to request that we delete, or right to opt out of our sale(s), please submit your request by sending an email to email@example.com.
Your Rights as an EU Citizen
This section contains disclosures required by the Global Data Protection Regulation Act (“GDPR”). It applies only to residents of the European Economic Area.
The GDPR gives you certain rights. Those rights are:
- The right to be informed; This means anyone collecting your Personal Information must make clear what they are collecting, why, and who else the information may be passed to.
- The right of access; this is your right to see what information about you we hold;
- The right to rectification; the right to have your information corrected or amended if it is incorrect in some way;
- The right to erasure; under certain circumstances, you can ask for your Personal Information to be deleted. This would apply if the information is no longer required for the purpose it was collected or, you withdraw your consent to collect your information, or the information has been used unlawfully;
- The right to restrict processing; this gives you the right to ask for a temporary pause to processing your Personal Information in certain circumstances;
- The right to data portability; this gives you the right to ask for any information you provide us to be made available to you in a structured, commonly used, and machine-readable format;
- The right to object; this gives you the right to object to further use of your information in ways inconsistent with the primary purpose for which it was collected, for example marketing; and
- Rights in relation to automated decision making and profiling; you have the right to not be subject to a decision based solely on automated processing.
To exercise your right to know, right to request that we delete, right to opt out of sale(s), or any other rights under the GDPR, please submit your request by sending an email to firstname.lastname@example.org.
Questions and Concerns
License. If you agree to the TOU and (1) are of sufficient age and capacity to use TLR and be bound by the TOU, or (2) use TLR on behalf of a business, thereby binding that business to the TOU, then we grant you a limited, revocable, non-exclusive, non-assignable license to use TLR in compliance with the TOU; unlicensed use is unauthorized. Under this license you may not: (1) modify or copy the materials on TLR; (2) use the materials on TLR for any commercial purpose, or for any commercial or non-commercial public display; (3) attempt to decompile or reverse engineer any software contained on TLR; (4) remove any copyright or other proprietary notations from the materials; or (5) transfer the materials to another person or “mirror” the materials on any other server. This license automatically terminates if you violate any of these restrictions, and may otherwise be terminated by us at any time. You must permanently destroy any materials from TLR in your possession upon termination of your license.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid, sublicensable license to use, copy, display, distribute, and make derivative works from content you post. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that content against us, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of TLR. You acknowledge that we own all intellectual property rights, including but not limited to copyright rights, in any derivative works we create from the content you post.
Prohibited Uses. You may use TLR only for lawful purposes and only in accordance with these TOU. You agree not to use TLR:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these TOU.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of TLR, or which, as determined by us, may harm the us or users of TLR, or expose them to liability.
- To post advertisements to sell an entire fleet or a complete or partial interest in a company without our express, written consent.
Additionally, you agree not to:
- Use TLR in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of TLR, including their ability to engage in real time activities through TLR.
- Use any robot, spider, or other automatic device, process, or means to access TLR for any purpose, including monitoring or copying any of the material on TLR.
- Use any manual process to monitor or copy any of the material on TLR, or for any other purpose not expressly authorized in these TOU, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of TLR.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of TLR, the server on which TLR is stored, or any server, computer, or database connected to TLR.
- Attack TLR via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of TLR.
User Contributions. TLR may contain message boards, forums, listings, reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on TLR.
All User Contributions must comply with the Content Standards set out in these TOU.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
- All your User Contributions do and will comply with these TOU.
- The content of your User Contributions is accurate and truthful.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of TLR. We take no responsibility and assume no liability for any content provided by you or any third party. We may, but are under no obligation to, remove, modify, obfuscate, or delete any content that violates the TOU in our sole discretion.
Content Standards. These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in the entirety comply with all federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Fees. When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
No Agency. You represent and warrant that by using TLR, you expressly agree that we are not an agent of and not affiliated with any individual, business, or organization that advertises on TLR (the “Advertisers”). “Advertisers” includes but is not limited to individuals, companies, or organizations that list cars for rent, list cars for sale, list license plates for rent, list license plates for sale, list fleets for sale, provide sponsored posts, provide sponsored content, or any of TLR’s “recommended vendors”, and other advertisers, including, without limitation, insurance providers, body shops, recommended driving schools, window repair shops, and wheelchair accessible conversion providers. By using TLR, you acknowledge that we are not affiliated with and not responsible for the content posted by or for any of the Advertisers. To the fullest extent permitted by law, you represent and warrant that you will not seek to hold us liable for any disputes between you and the Advertisers or any single Advertiser or otherwise attribute any actions or behaviors of Advertisers to TLR.
Disclaimer and Liability. To the fullest extent permitted by law, TLC Rental Marketplace, LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“TLR Entities”) (1) make no promises, warranties, or representations as to TLR, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide TLR on an “AS IS” and “AS AVAILABLE” basis and any risk of using TLR is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with TLR. TLR Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to TLR, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Claims and Indemnity. Any claim, cause of action, demand, or dispute arising from or related to TLR (“Claims”) will be governed by the internal laws of the state of New York, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in New York (except we may seek preliminary or injunctive relief anywhere). You agree to submit to the personal jurisdiction of courts in New York. You agree to defend, indemnify, and hold TLC Rental Marketplace, LLC, our affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees) arising out of or relating to your violation of these TOU or your use of TLR, including, but not limited to, your User Contributions, any use of TLR’s content, services, and products, other than as expressly authorized in these TOU, or your use of any information obtained from TLR.
Miscellaneous. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access TLR thereby until authorization is terminated. Our actions or silence toward you or anyone else do not waive, modify, or limit the TOU or our ability to enforce it. The Use, and Claims and Indemnity sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.
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