Last Updated: July 21, 2020
1. Information ZWay Collects From Users
ZWay collects information from its Users. The categories of information we collect are described below in this Section 1.
A. Information You Provide Directly to Us
Sign Up and Profile Information. When you sign up and/or place an order through ZWay as a Customer, you provide us with information, including, but not limited to your name, email address, physical address, and phone number. If you sign up using your Facebook account, we receive information including your name and email address. After registration, Customers can add multiple delivery addresses to their profile. You may be required to provide us with a photograph.
Order Information. When you place an order, we collect information related to the order, which may include items purchased, special instructions, date and time of order, and subtotal.
Feedback. We may ask you for feedback on your order, which may include rating of experience, the applicable Merchant, and/or the applicable Courier.
Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.
Payment Information. When you add a payment card to your ZWay account, a third-party payments service provider receives your card information. We do not store full payment card information on our servers.
Active and Prospective Couriers
Sign Up and Profile Information. When you sign up to become a Courier, you may provide us with certain information, including, but not limited to your legal name, date of birth, email address, physical address, phone number, photo, vehicle information, and car insurance information. We share this information with third-party providers who initiate background check reports on you. Additional information about the third parties who run the background checks is provided in Section C below. We may also collect information from you after sign up as is necessary to effectively operate the Platform.
Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.
Payment Information. We receive information from Couriers to provide payment and for tax reporting purposes, including but not limited to bank account and tax information.
Merchants and Partners
Profile Information. A Merchant who signs up for our Platform or a Partner who utilizes our Platform provides us with certain information, including, but not limited to contact name, phone number, email address, physical address, hours, and product information, including product details and price.
Payment Information. We may receive Merchants’ bank account information to provide payment as well as any other information necessary to set up payment.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.
Feedback. Customers and Couriers may be able to rate and review each other at the end of every delivery. Customers may be able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers and/or Merchants, but we will not identify the Customer. If you are a Customer and do not want a Courier to know you provided certain feedback or comments, please do not include identifying information in that feedback or those comments. We may also share with Couriers their aggregate ratings. Customers may also provide us information and feedback related to your experience on the Platform, including, but not limited to order reviews, merchant reviews and merchant ratings.
B. Information We Collect Automatically Through Your Use of the Platform
Location and Sensor Information. We receive a Customer’s location information when you’re using the ZWay app, including when the app is in use in the foreground or background. We may continuously collect location information and other motion-generated or orientation-generated mobile sensor data from Couriers and Prospective Couriers when the ZWay app is in use in the foreground or background in order to personalize the app experience, assist in finding available markets and/or available delivery opportunities, offer delivery incentives, track the progress and completion of deliveries, and other similar purposes. We also use this information for analytics purposes. For information on your choices for sharing location information, please consult Section 6 on Your Choices.
Device Information. We receive information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, unique device identifiers, other information such as your device type and, if you register with your Facebook account, your Facebook identifier.
Usage Information. We automatically receive information about your interactions with our Platform, such as the pages you were visiting before accessing the Site or mobile application, or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform, Merchants, and Partners.
Call and Text Information. We work with one or more third parties to facilitate phone calls and text messages between Customers and Couriers who are delivering the Customers’ products. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. We do not record or have access to the content of the phone calls between Customers and Couriers. We do record and/or have access to the content of phone calls between Users and ZWay.
Referrals. You may be able to refer ZWay to friends and other contacts. To help you do this, we may request and you can grant us access to your mobile device address book. You can then direct us to send referral text messages or referral emails to contacts you select in your address book. We will use the data from your address book only to process your referral. By sending a referral, you also consent to ZWay sending your public profile image to the contacts you select to receive a referral link. By choosing a to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with ZWay. ZWay will use that information to send an email inviting him or her to visit the Platform and will store that information to track the success of the referral program. ZWay may also send marketing emails.
ZWay users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the referral program. These actions may violate various federal state and/or international laws, including, but not limited to, the regulations and policies of the Federal Trade Commission. In addition, ZWay users may not send any referral emails, text messages, or other communications to children under the age of 13.
If you are referred to ZWay through one of our referral programs, or if someone attempts to refer you, ZWay may share your name, whether you already signed up for ZWay, whether you are a new customer, and whether you have placed a qualifying order with the ZWay with the person(s) who referred you.
C. Personal Information from Publicly-Available Sources and Third Parties
Information We Receive From Partners. If you make a purchase through one of our Partners that offers delivery with ZWay, we receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.
Background Information on Couriers. ZWay works with third-party providers to perform driving record and criminal background checks on Prospective Couriers and active Couriers, and in some instances these third parties provide Prospective Couriers and active Couriers’ records to ZWay as part of the background check process.
Information From Affiliates and Non-Affiliated Third Parties. We may collect information about you or others through ZWay affiliates or through non-affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, and/or email address and other information you allow to be imported from Facebook, which is controlled in your Facebook privacy settings.
Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites’ privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.
We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may also collect demographic information, which may include information such as income, marital status, spending habits, and other information pertaining to customers. We may combine information that we collect from you through the Platform with information that we obtain from such affiliated and non-affiliated third parties and information derived from any other products or services we provide.
2. How We Use The Information We Collect From Users
We use the information collected from and about Users for the following business and commercial purposes:
A. Provide services and features. ZWay uses the data we collect to provide, personalize, improve, expand, and promote our Platform and other services. This includes using data to:
- Facilitate transactions, deliveries, and payments.
- Analyze how you use our Platform.
- Track and share progress of deliveries and orders.
- Notify you about the progress of deliveries and orders.
B. Communications. ZWay uses the data we collect to communicate with you, either directly or through one of our service providers, including for marketing and promotional purposes, and to respond to any issues that may arise during deliveries.
ZWay also uses the data we collect to provide customer support, including but not limited to responding to customer support questions or your requests, and investigating and addressing User concerns.
C. Conduct research and development. ZWay may use the data we collect for testing, analysis, product development, and machine learning to improve a user’s experience on the Platform.
D. Security and safety. We use the information we collect to help maintain the safety, security, and integrity of our services, third parties, and Users. This includes using data to:
- Finding and preventing fraud.
- Protecting Users and the ZWay business.
- Providing account and network security.
E. Maintain legal and regulatory compliance. ZWay may use the information we collect to maintain legal and regulatory compliance. This includes using data to:
- Resolve disputes, to enforce any legal terms that govern your use of the Platform.
- Pay our taxes or fulfill our business obligations.
- Respond to requests by regulators, government entities, and official inquiries.
F. ZWay business purposes. We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
3. How ZWay Shares Information It Collects From Users
A. Sharing between Customers and Couriers
To facilitate delivery of orders, Couriers and Customers may have access to certain information about each other. When Couriers are offered delivery opportunities, they may be able to see the Customer’s delivery location. Once a Courier accepts a delivery request from a Customer, the Customer may see the Courier’s first name and last initial, photo, aggregate rating, real-time location (which may reveal locations of other Customer to whom a Courier is providing a delivery), and/or other information to identify the Courier, including, but not limited to the Courier’s license plate, and color, make, and model of vehicle. Couriers may see the Customer’s first name and last initial, and the Customer’s delivery address and/or real-time location. ZWay allows Customers and couriers are able to call and text each other. Customer and Courier phone numbers are masked and, only in rare instances, may they be able to see the other’s phone number. As described above, Customers are able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that a Customer provides with a Courier, but we will not identify the Customer. If you are a Customer and do not want a Courier to know you provided certain feedback or comments, please do not include identifying information in that feedback or those comments. We may also share with Couriers their aggregate ratings.
B. Sharing between Couriers and Merchants
Before a Courier picks up the delivery from the Merchant and/or Partner and during the delivery, the Merchant and/or Partners may be able to see the Courier’s name, real-time location, and may be able to communicate directly with the Courier.
C. Sharing between Customers and Merchants
D. Service Providers
We share your information with service providers that perform services on our behalf, including all of the uses described in this Section 3. Some examples of service providers are third parties we use for payment processing, advertising, marketing, and analytics.
E. Other Sharing
We may share your information with third parties in the following cases:
- Where disclosure is required or appropriate in order to comply with laws, regulations, legal process, or an agency or governmental request;
- With law enforcement officials, government authorities, or third parties, if we think doing so is necessary to protect the rights, property, or safety of ZWay, our Users, or the public;
- To protect the security or integrity of our Platform;
- To enforce our agreements, policies, and Terms of Service;
- To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person;
- To investigate and defend ourselves or others against any third-party claims or allegations;
- To provide information about the use of our Platform to Couriers, Merchants, Partners, or potential business partners in aggregated or de-identified form that cannot reasonably be used to identify you;
- While negotiating or in relation to a business transaction, such as a merger, sale of assets, or bankruptcy;
- Whenever you consent to the sharing, including without limitation when you use the social features of the Platform to (1) review, rate, and/or provide feedback on Merchants which will be available for viewing by other Users; (2) share the orders you’ve placed through the Platform with other Users, including, but not limited to designated favorite orders; and/or (3) share your favorite items/Merchants or lists of items/Merchants with other Users; and
- When you share certain information related to orders with other Users or non-Users, including, but not limited to (a) your cart; (b) the fees associated with your Order (e.g. to split payment with others); (c) the estimated time of delivery and progress of your Order; and/or (d) order destination.
4. Online Analytics & Interest-Based Advertising
We and our third-party vendors may use Device IDs and other automated technologies (including cookie identifiers on our website), along with other collected information, to deliver content or tailor ads when you are on our Platform or on other devices, apps or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off of our Platform. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.
Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. You can also opt out of cross-app advertising by following in the instructions for your operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices). Please note that to the extent advertising technology is integrated into the Platform, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites, accessible by the above links.
5. Social Media Usage
You may choose to enable or log in to our Platform via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, Instagram, or Snapchat (collectively, “Social Network”) directly or indirectly through our Platform.
You may also have the option of posting your activities on our Platform and other content to a Social Network when you access content through our Platform. For example, you may post to Facebook that you placed an order with ZWay. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by ZWay, and may be visible or accessible to the public.
6. Your Choices
Profile Information. You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us via our Help Center.
Location Information. While you can prevent your device from sharing location information at any time through your device’s operating system settings, Customer and Courier location is core to our Platform and without it, you may not be able to successfully use our Platform.
Email Subscriptions. You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
Account Deletion. If you would like to delete your ZWay account, please contact us through our Help Center with your request. If you choose to delete your account, we will delete it for you, but may retain certain information to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law and/or regulations.
7. Third-Party Links
Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.
8. Data Security
We are committed to protecting your information. We use administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no security measures can be 100% secure, so we cannot guarantee the security of Users’ data. While we do our best to protect your information, you are also responsible for protecting your information by, for example, protecting your account credentials. If you have any reason to believe that your account has been compromised, please notify us immediately through our Help Center.
9. Children’s Privacy
ZWay is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe that a child under the age of 13 has given us personal information, please contact us via our Help Center.
10. Consent to Transfer
11. Your Texas Privacy Rights
Under the Texas Consumer Privacy Act or TCPA, and subject to exceptions, Texas residents have certain rights regarding their data, including:
- The right to know the categories of Personal Information we’ve collected and the categories of sources from which we got the information (see Section 1 and the chart just below).
- The right to know the business purposes for sharing Personal Information (see Section 2 and the chart just below).
- The right to know the categories of third parties with whom we’ve shared Personal Information (see Section 3 and the chart just below).
- The right to access the specific pieces of Personal Information we’ve collected and the right to delete your information.
- The right to opt out of having your Personal Information sold. ZWay does not sell or rent Personal Information to third parties, as we understand that term to be defined by the TCPA and its implementing regulations.
Texas residents also have the right to not be discriminated against if they choose to exercise their privacy rights.
As a Texas resident, you may exercise your right to know or your right to deletion visiting the help center after logging into your account. Specifically, a Texas resident should go to our Help Center here, click “Email” under “Contact Us” at the bottom right corner, then click “Account”, then “Texas Consumer Privacy Act Request”. We require you to log into your account so that we verify your identity prior to accessing or deleting your information. You may also designate an authorized agent to make a request to know or a request to delete. We do not currently have a reasonable method of verifying the identity of non-registered users to a reasonable degree of certainty, as we do not maintain enough personal information to enable us to verify non-registered users with sufficient certainty. Thus, we cannot honor the access or deletion requests of non-registered users at this time.
Categories of Personal Information under the Texas Consumer Privacy Act
|Personal Information||Source of Personal Information||Purpose of Collecting Personal Information||To Whom We Disclose Personal Information|
|Identifiers such as a name, address, unique personal identifier, email, phone number.||Information you provide to us; Information we collect automatically; Information collected from third parties.||See Sections 2 A, B, C, D, E, F above.||See Sections 3 A, B, C, D, E above.|
|Protected Classifications under Texas and federal law, including gender, age and citizenship.||Information you provide to us; Information we collect automatically; Information collected from third parties.||See Sections 2 A, B C, E above.||See Sections 3 A, B, C, D, E above.|
|Commercial information such as records of products or services purchased, obtained, or considered.||Information you provide to us; Information we collect automatically; Information collected from third parties.||See Sections 2 A, B, C, D, E, F above.||See Sections 3 A, B, C, D, E above.|
|Internet or other electronic network activity information, including browsing history and search history.||See Sections 2 A, B, C, D, E, F above.||See Sections 3 D, E above.|
|Geolocation data that is sufficient to identify a precise physical location.||See Sections 2 A, B, C, D, E, F above.||See Sections 3 A, B, D, E above.|
|Sensory data, such as audio, electronic, visual, or other similar information.||See Sections 2 A, B, C, E above.||See Sections 3 D, E above.|
|Professional or employment-related information.||See Sections 2 A, B, C above.||See Sections 3 C, D, E above.|
|Education information.||See Sections 2 A, B, C above.||See Sections 3 C, D, E above.|
|Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||See Sections 2 A, B, C, F above.||See Sections 3 C, D, E above.|
Do-Not-Track Disclosure: We are committed to providing you with meaningful choices about the information collected on our Platform for third party purposes. That is why we have provided links (above) to the NAI “Consumer Opt-Out” link, the DAA opt-out link, and a Google opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.
Texas Law permits Texas residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable Texas law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “Texas Privacy Request” to the following address:
326 Cheatham St.
San Marcos, Texas, 78666
13. Contact Information