Privacy Policy

Our Privacy Policy applies to all services (our "Services") offered or provided by ItsOnMyWay, LLC. and its subsidiaries (collectively, "OMW") whether accessed via our website at www.itsomw.com, or any associated application, and applies the same to all users of the OMW Platform, whether you are an entity or individual who forms an account on the OMW App and/or who has a written agreement with OMW to access and use the OMW Platform to crowdsource independent service providers (a "Sender") to perform delivery services ("Delivery Services"), an entity or individual who forms an account on the OMW App as a Driver and/or otherwise performs Delivery Services, including at the request of, or for the benefit of, a Sender (a "Driver"), or an entity or individual who forms an account or otherwise signs-up to be a Driver or Sender on the OMW Platform, or to potentially access and use our Services and the OMWPlatform (collectively, "Users"). Our Privacy Policy also applies to the recipient of Delivery Services (a "Recipient"). Users and Recipients may be referred to collectively in this Privacy Policy as "you", "your" or "yours".

If you do not agree with the Privacy Policy, you should not access or use our Platform or give us any of your personal information. You should also review OMW'sTerms and Conditions, which also apply to your access and use of the OMW Platform, our Services and the Delivery Services.

Assistance For The Disabled

Alternative formats of this Privacy Policy are available to individuals with a disability. Please contact support@itsomw.com for assistance.

This Privacy Policy explains:

The Categories of Personal Information We Collect.
The Categories of Sources From Which We Collect Your Personal Information.
The Purposes For Which We Use Your Personal Information.
How We May Disclose Your Personal Information.
How Long We Keep Your Personal Information.
Your Rights and Choices Regarding Your Information.
All Users.
California Residents.
Other Things for You to Know.
Contact Us.
Changes To Our Privacy Policy.

The Categories of Personal Information We Collect

"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

A. Senders and Recipients

Identifiers, for example, name, email address, phone number(s), and profile photo.
Commercial information, for example, records of Delivery Services provided and received, saved addresses, information about your use of the OMW Platform, our Services and the Delivery Services, including pick-up and drop-off information, details regarding the goods sent and received, date, time, destination, distance, route, payment, and whether you used a promotional or referral code.
Internet activity information, for example, information about your usage of the Platform and our Services, such as the pages you viewed on the Website or App, the services and features you used or interacted with; your browser type and details about any links or communications with which you interacted; internet protocol (IP); browser plug-in types and versions; and operating systems and platform.
Geolocation information, for example, for pick-up and delivery addresses.
Financial information, for example, payment card and bank account details and billing address.
Communications data, for example, during our communications with you we collect the content of these communications as well as metadata about the communications, e., date and time of the call or text (SMS or MMS) message and phone numbers; when you post questions or reviews, or contribute to our blogs or on OMW community forums or social media pages we collect the information that you provide, including the contents of messages or attachments you send us; and when you rate and provide feedback about other Users, Recipients, our Platform and Services, or the Delivery Services we collect all the information you provide.
OMW referral programs, for example, if you participate in any OMW referral program, such as recommending our Services, we will ask you for certain information about your referral, including their name and email address or phone number. We store and use this information for the sole purpose of contacting the referral about our Services and tracking the success of our referral programs.
Inferences, for example, we may draw inferences about you from other personal information we collect, such as inferring based on the Delivery Services you request, or which of our Services you use, that you may be interested in similar services.

We collect financial information necessary to facilitate transactions related to our services. However, it's important to note that our access to this information is limited. We do not have complete access to your financial details. This means that while we gather certain information to process payments and provide our services, sensitive financial details, such as full credit card numbers, are not fully accessible to us. This limited access is a part of our commitment to maintaining the security and privacy of your financial information.

B. Drivers

Identifiers, for example, name, email address, mobile number, date of birth, profile photo, driver's license,
Commercial information, for example, information about your use of the OMW Platform, our Services and the Delivery Services provided by you, including pick-up and drop-off information, details regarding the goods you delivered, date, time, destination, distance, route, payment, and whether you used a promotional or referral code.
Internet activity information, for example, information about your usage of the Platform and our Services, such as the pages you viewed on the Website or App, the services and features you used or interacted with; your browser type and details about any links or communications with which you interacted; internet protocol (IP); browser plug-in types and versions; and operating systems and platform.
We collect financial information necessary to facilitate transactions related to our services. However, it's important to note that our access to this information is limited. We do not have complete access to your financial details. This means that while we gather certain information to process payments and provide our services, sensitive financial details, such as full credit card numbers, are not fully accessible to us. This limited access is a part of our commitment to maintaining the security and privacy of your financial information.
Biometric information, for example, identifiers such as a selfie, scan of your driver's license and/or other government ID or photo, that OMW may collect from you so that you may be eligible to perform certain Delivery Services and to help protect against theft and fraud.
Geo-location information, for example your device will share your GPS coordinates when the OMW App is open (active location information) in order to track pick-ups and deliveries, and when the OMW App is not open, but your mobile device is turned on (heartbeat location information) in order to notify you of delivery opportunities at or near your current location.
Communications data, for example, during our communications with you we collect the content of these communications as well as metadata about the communications, e., date and time of the call or text (SMS or MMS) message and phone numbers; when you post questions or reviews, or contribute to our blogs or on OMW's community forums or social media pages we collect the information that you provide, including the contents of messages or attachments you send us; and when you rate and provide feedback about other Users, Recipients, our Platform and Services, or the Delivery Services we collect all the information you provide.
Inferences, for example, we may draw inferences about you from other personal information we collect such as inferring based on your offer to provide particular Delivery Services, that you may be interested in offering to perform similar types of Delivery Services in similar locations.

Note on Sensitive Personal Information: OMW does not infer characteristics from sensitive personal information. OMW only uses such sensitive personal information as necessary to perform the services the average person would reasonably expect when requesting, performing and/or receiving those services, to ensure security and integrity, short term transient use, to maintain the quality of our products and services, or for other purposes permitted by the California Privacy Rights Act and implementing regulations ("CPRA") without the right to opt out.

C. Cookies, Analytics and Third Party Technologies

We and our third-party service providers use a variety of technologies that passively and automatically collect certain information whenever you visit or interact with our Platform or Services, including the technologies listed below:

Cookies. A cookie is a data file placed on your computer or mobile device when it is used to access our Platform and Services. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our Website and web pages.
Web Beacons. Web beacons are tiny graphics with a unique identifier ("1×1 GIFs" or "clear GIFs"), similar in function to cookies, and are used to track the online movements of web users. Web beacons allow us to understand how Users navigate our Platform and Services and what content is effective, which allows us to manage and improve our Platform and Services. We also use web beacon technologies to count Users of our Platform and Services, how many of the emails we send were opened and how many particular articles or links on our pages were actually viewed.
Embedded Scripts. Embedded Scripts are programming code and collect information about your exchanges and communications with our Platform and Services and the Delivery Services. They are temporarily downloaded onto your device from our web server (or from a third party service provider) and are active only while you are connected to our Platform or using our Services or performing Delivery Services and the code is deactivated and/or deleted after.

The Categories of Sources From Which We Collect Your Personal Information.

You, for example, if you form an account, use our Services, request, perform or receive Delivery Services, or when you otherwise provide information directly to us.
Public sources, for example, public databases.
Government or administrative agencies, for example, law enforcement, public health officials, and other government authorities.

The Purposes For Which We Use Your Personal Information.

All Users

To communicate with you
To detect, prevent, or investigate potential security incidents or fraud
To process your account formation and to verify your information is valid and up to date
To manage your account
To customize your experience with our Platform and Services and the Delivery Services
To provide and operate our Platform and Services
To improve our Platform and Services and the Delivery Services including to perform research, testing, and analysis; develop new products, features, partnerships, and services; prevent, find, and resolve software or hardware issues; and monitor and improve our operations and processes, including security practices, algorithms, and other modeling
To comply with applicable law and regulatory process and reporting requirements
To serve you content that is most relevant to you
To investigate and resolve incidents in connection with our Platform and Services and the Delivery Services
For customer support
To respond to any requests, queries, suggestions, feedback, or comments you may have
Where you have agreed to receive such information, to send you marketing information about our Platform and Services and the Delivery Services, including notifying you of marketing events, promotions, and sweepstakes
To respond to requests from public and government authorities, including public and government authorities outside your state or country of residence
To facilitate the functionality of our Platform, including our Website and Apps
To enforce our terms and conditions and other policies related to the use and access of our Platform
To protect our operations
To protect our rights, privacy, safety or property, security and/or that of you or others
To allow us to pursue available remedies or limit the damages that we may sustain
To perform operations to maintain our Platform and Services and the Delivery Services, including to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends
To inform you of any changes to our Terms and Conditions, this Privacy Policy, or any other policies or terms in relation to our Platform and Services and the Delivery Services
To administer and protect our business and our Platform (including troubleshooting, analysis, testing, system maintenance, support, reporting and hosting of data, and preventing fraud and abuse)
To store, host, or backup (whether for disaster recovery or otherwise) our Platform and Services or any data contained therein
To exercise OMW's rights under applicable law and to support any claim, defense, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel

Drivers

To verify your identity
To facilitate the Delivery Services you provide
To determine your suitability access and use our Platform to perform Delivery Services
To determine whether you are accepted to perform Delivery Services for a particular Sender
To provide orientation and familiarization with use of the OMW App and Sender requirements for Delivery Services
To administer the contractual relationship between you and Senders, including facilitating payments for Delivery Services.

Purposes Specific To Certain Categories of Drivers' Personal Information

Purposes For Using Biometric Information: We use your biometric data to verify your identity, help make our app and service secure, and to protect against and investigate fraud.
Purposes For Using Geolocation Data: We use geolocation data to track status of pickups and deliveries and to notify you of delivery opportunities.

Senders

To provide you access to our Platform and our Services and the Delivery Services you request
To invoice you for our Services and Delivery Services and process payments

Recipients

To provide our Services and the Delivery Services you
To communicate with you
To investigate and resolve incidents in connection with the Delivery Services you receive
To enforce our terms and conditions and other policies related to the use and access of our Platform and our Services and the Delivery Services
To protect our operations
To protect our rights, privacy, safety or property, security and/or that of you or others
To allow us to pursue available remedies or limit the damages that we may sustain
To comply with applicable law and regulatory process and reporting requirements
For customer support
To respond to any requests, queries, suggestions, feedback, or comments you may have
To exercise OMW's rights under applicable law and to support any claim, defense, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel

Incidental Purposes: Any incidental purposes related to, or in connection with, the above.

If you submit any information relating to other people in connection with our Platform or Services, or the Delivery Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We May Disclose Your Personal Information.

We do not sell your personal information or disclose it to third parties for cross-context behavioral advertising. We also do not sell the personal information of children under 16 nor disclose it to third parties for cross-context behavioral advertising.

To deliver our Services and to allow you to request, provide or receive Delivery Services, we may disclose your personal information with other Users, Recipients, other third parties, and service providers in the following ways:

User Content.

Your account profile and information that you post or share, such as photos, reviews, comments, suggestions, questions about our Services or Delivery Services, information about you or your experience, posts or comments on OMW's blogs, community forums and social media pages (collectively "User Content"), may be seen and disclosed with other Users of our Platform, our Services, the Delivery Services, Recipients or the public. You should therefore think carefully before deciding what information you share.

Information Shared Between Users.

If you are a Sender, we provide some of your personal information, such as your first name, photo, phone number, details about the goods you send, pick-up and delivery addresses to the Driver who offers on and/or is accepted to perform your Delivery Services, so that the Driver may contact you, and to facilitate pick-up and delivery. If you are a Driver, we provide some of your personal information, such as your first name, photo, phone number, geolocation and tracking information to the Sender and Recipient so that the Sender and/or Recipient can track their delivery.

Third Parties Providing Services on Our Behalf.

OMW uses third party vendors to assist in operating our Platform and providing our Services and the Delivery Services. We may provide these vendors with access to the following categories of personal information (as we have done for the past 12 months):

Personal identifiers, such as your name, address, email address, phone number, date of birth, government identification number (such as social security number), driver's license information and scans of your driver's license and/or other government ID photo.
Biometric information or identifiers, such as a selfie, scan of your driver's license and/or other government ID or photo, scan of your face, facial patterns, fingerprints, and voice or typing cadence ("biometric data").
Transaction information, such as information about the Delivery Services, Driver, Sender and Recipient statistics and feedback, and Driver and Sender transaction history.
Internet or other electronic network activity information, such as IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers.

We may disclose the above categories of personal information to third party vendors for the following business purposes: to verify your identity; to design and/or operate our Platform and Services; track our Services' and the Delivery Services analytics; process payments; assist in anti-fraud and security measures; help us provide customer support and geo-location information to our Users and Recipients; to provide advertising services; to provide administrative services such as communication, technical and maintenance services, database management, web analytics, and other administrative services.

Co-Branded Services.

At times, some of our Services and/or the Delivery Services may be provided to you in association with third parties including charities and sponsors ("Co-Branded Services") and your use of these Co-Branded Services may require you or us to disclose certain of your information to the third party, for instance to confirm your goods have been delivered as requested. Any Co-Branded Services offered to you will specifically identify the third party. Any information that you disclose directly to a third party will be subject to that party's posted privacy policy.

Sweepstakes, Contests and Promotions.

From time to time OMW may offer sweepstakes, contests, and other promotions (each, a "Promotion") that require registration. Each Promotion may contain specific rules and requirements, which will be disclosed to you at the time of sign-up. If you choose to enter a Promotion, your information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

Legal Reasons.

We may access, use, preserve, transfer and disclose your personal information to government, law enforcement officials and/or private parties as we reasonably determine to be necessary and appropriate to satisfy any applicable law, regulation, subpoenas, governmental requests or legal or regulatory process, or reporting obligations; to protect the safety, rights, property or security of OMW, our Platform and Services, the Delivery Services or any third party, including you; to protect the safety of the public; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity we reasonably consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

Investors and Affiliates.

We may share your personal information with current, future and prospective individual investors or with our parent, subsidiaries and affiliates for internal reasons, including, during the course of any due diligence process.

Business Transfers and Financings.

We may disclose and transfer all your information to a prospective or subsequent owner, co-owner or operator of our Platform or Services, the Delivery Services, or applicable database or in connection with a financing, corporate merger, consolidation, restructuring, the sale of substantially all of our assets or other corporate change.

How Long We Keep Your Personal Information.

Users

Generally.

OMW will retain your personal information as long as you maintain a User account, or for the duration of our relationship, if any. Excluding biometric data, OMW also retains User personal information for at least three (3) years after our last interaction with you to maintain compliance with our contractual obligations with our Users and with reporting and other regulatory and legal requirements and applicable law; to conduct re-engagement and marketing campaigns and otherwise communicate with you about our Platform and Services; to maintain and confirm your opt-in and opt-out preferences; to resolve disputes, investigate or prevent fraud and other inappropriate activity; to enforce our agreements, and for other business purposes as set forth herein.

Biometric Data.

If you are a Driver, OMW and our vendors will retain any of your biometric data collected for only as long as is needed for the Delivery Services you provide, or for three (3) years after the date of your last interaction with us, whichever is earlier. At the completion of the retention period, we destroy your biometric data by permanently deleting all such biometric data from our servers.

For the processing of financial transactions, we utilize Stripe, a third-party payment processing service. As such, any financial information you provide is also subject to Stripe's privacy policy. We encourage you to review Stripe's privacy policy to understand how your financial information is handled by them. Stripe operates independently of our services, and their handling of your financial information is governed by their own privacy and security policies.

Recipients

OMW retains personal information of Recipients provided to it by a Sender in accordance with our contractual obligations with the Sender. All such information is stored and used in accordance with this Privacy Policy.

Your Rights and Choices Regarding Your Information.

All Users.

Emails. You can unsubscribe from marketing-related emails by clicking unsubscribe at the bottom of any message. We will still send you transactional and administrative emails about your use of our Services and your account.
Text Messages. You can opt out of text messages by contacting support@itsomw.com, changing your account settings, or replying STOP from the mobile device that received the message.
Push Notifications. You can opt out of receiving push notifications through your device settings.
Location Information. To ensure the safe delivery of goods using our Platform, and to provide Senders with our Services and the Delivery Services, OMW's Terms and Conditions require Drivers to keep their device sharing geolocation information while actively performing Delivery Services. Drivers can otherwise prevent their device from sharing geolocation information through your device's system settings. Note that preventing your device from sharing your location information will not allow OMW to notify you of delivery opportunities and may otherwise impact OMW's ability to provide you with our full range of features and services.
Cookies. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of our Services and Platform.
Modifying Your Account Information. Users can review and modify certain account information by logging in to your account settings and profile.
User Content. To request removal of your User Content, please contact us through support@itsomw.com. We will make reasonable efforts to remove your User Content as requested.
Closing Your Account. You can close your User account by contacting us at support@itsomw.com. Even after you close your OMW account, we will retain certain of your information (including without limitation geo-location, trip history, credit card information and transaction history) as needed to comply with our legal, regulatory and contractual obligations, resolve disputes, conclude any activities related to the closing of your account (such as addressing chargebacks from your credit card company), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Platform and Services, and the Delivery Services effectively.

California Residents.

Subject to applicable law, California residents have the following rights listed below.

Right to Know.

You have the right to submit a verifiable request to know what personal information we have collected about you, including:

The categories of personal information that OMW collects, uses, discloses, and sells, as applicable;
The categories of sources from which personal information is collected;
The business or commercial purpose for collecting or selling (if applicable) the personal information;
The categories of third parties with whom we share personal information; and
The specific pieces of personal information that we have collected about you.

Right to Delete.

You have the right to submit a verifiable request that OMW delete personal information that you have provided to us. Note that deletion requests are subject to certain limitations, for example, we may keep information as required or permitted by law and/or our contractual obligations. We may also keep transaction history and information needed to process future transactions, certain account-related information (as noted above in Closing Your Account), and to facilitate User requests.

Right to Correct.

You have the right to submit a verifiable request for the correction of inaccurate personal information maintained by OMW, taking into account the nature of the personal information and the purposes for processing the personal information.

Submitting a Request.

California residents can submit a request to know, delete, and correct in accordance with applicable law in one of the following ways:

By emailing us at support@itsomw.com. Please include your full name, email address, and the phone number associated with your OMW account, along with the type of request you are making, so that we can process your request most efficiently.
Call 844-4OMW (1-844-476-2343).

How We Will Verify Your Request

The processes that we follow to verify your identity when you make a request to know, correct, or delete are described below. The relevant process depends on how and why the request is submitted.

If you submit a request by any means other than through a password-protected account that you created before the date of your request, the verification process that we follow will depend on the nature of your request.

For a less risky request, such as a request to know how we handle your personal information, we will match at least two data points that you provide against information about you that we already have in our records and that we have determined to be reliable for purposes of verifying your identity. Examples of relevant data points include your mobile phone number, your zip code, or information about products or services that you have purchased from us.
For a more risky request, such as a request for a copy of specific pieces of your personal information, we will match at least three data points that you provide against information that we already have about you in our records and that we have determined to be reliable for purposes of verifying your identity. In addition, we may require you to sign a declaration under penalty of perjury that you are the individual whose personal information is the subject of the request.

We have implemented the following additional procedures when verifying the identity of requestors:

If we cannot verify your identity based on the processes described above, we may ask you for additional verification information. If we do so, we will not use that information for any purpose other than verification.
If we cannot verify your identity to a sufficient level of certainty to respond to your request, we will let you know promptly and explain why we cannot verify your identity.

Authorized Agents.

If an authorized agent submits a request to know, correct, or delete on your behalf, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you to follow the applicable process described above for verifying your identity. You can obtain an "Authorized Agent Designation" form by contacting us at support@itsomw.com.

Company's Non-Discrimination Policy.

You have the right not to be discriminated against if you exercise your California privacy rights.

Other Things for You to Know.

Third Party Content.

Our Platform may link to other web sites and online services. The inclusion of a link on our Website or App does not imply endorsement of the linked third-party website or their products and services and is provided for your convenience only. We have no control over such third parties and if you decide to access any third party link, you do so subject to the terms and conditions and privacy policy of that site.

Social Media Features and Widgets.

OMW's online and mobile Services include social media features, such as the Facebook "Like" button and widgets such as a "Share This" button. These features may collect your IP address, which page you are visiting on our online or mobile Services and may set a Cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.

Children.

Our Services are not directed toward minors and no one under 18 is allowed to register with or use our Platform or Services. If we discover that we have inadvertently collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor and believe he or she has disclosed personal information to us, please contact us at support@itsomw.com.

Security.

All personal information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices to protect your information. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication. Any information you transmit to OMW is done at your own risk.

Contact Us.

If you have questions about anything in this Privacy Policy, please contact us at support@itsomw.com.

Changes To Our Privacy Policy.

OMW may update this Privacy Policy from time to time to reflect changes to our practices or in applicable law. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you via email, on our Website and/or in our App. Please periodically review this page for the latest information on our privacy practices.