PRIVACY POLICY

EatSleepRIDE Motorcycle GPS® is a community, tracking, and safety mobile application (our “App”) and websites (the “Sites”) for motorcycle riders.

We understand that when you use the EatSleepRide Mobile Inc. (“ESR”) platform you are placing your trust in us to handle your personal data appropriately. That is why ESR takes a best practices approach to data protection. We make sure that you, the motorcycle rider, have information about how we process personal information in connection with your use of our App and the Sites (our “Services”). Because ESR has App and Site users worldwide, we made the decision to offer the current highest level of privacy protection, as legislated by Europe’s General Data Protection Regulation (“GDPR”) for personal data rights and protection to all our App and Sites users worldwide. We support the California Consumer Privacy Act (“CPPA”) and provide you with the right to “Do Not Sell” your personal information.

This Privacy Policy describes the types of personal data collected when you use our Services and how your personal data is used, shared, and protected. It also explains the choices you have relating to your personal data and how you can contact us.

Contact Us

We care about your privacy. We welcome questions, comments, and concerns about our Policy and privacy practices, please let us know how we can help: contact us. If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue as quickly as possible.

Data Protection Officer
Michael McHale
Email Address: dpo@eatsleepride.com

Personal Information Collected

To create an account to use our Services, we ask you for certain personal data. This personal data includes your:

  • contact details including name, email, and telephone number;
  • login and account information, including screen name and password
  • personal details including gender, address, date of birth, type(s) of motorcycle and emergency contact information;
  • images, photos, and videos;
  • personal preferences including marketing and cookie preferences.

We use additional personal data to enable features within our App. For example, we request access to your phone’s geolocation data to log your route. This personal data includes your:

  • global positioning services (GPS) data to derive acceleration, braking and cornering;
  • gyroscope sensor data;
  • distance;
  • time of day; as well as;
  • interactions, route sharing and contact information.

For every trip, the App collects and securely transmits your data to our server to analyze and evaluate riding movements.

Legal Bases for Processing

We will process your personal information lawfully, fairly, and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.

These legal bases depend on your use of, and how you use the Services meaning we collect and use your information only where:

  • you give us consent to do so for a specific purpose;
  • it satisfies a legitimate interest (which is not overridden by your data protection interest), such as for research and development, to market our Services, and to protect our legal rights and interests;
  • it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into a contract;
  • we need to process your data to comply with a legal obligation.

Customize Your Experience

We use the information we collect about you and your activities to customize your experience. For example, we may suggest segments, routes, challenges, or rider groups that may interest you, or new features that you may want to try.

Communications With You

We use the information we collect to provide support in response to your requests and comments. We may also use the information we collect to market and promote the Services, activities and events on the Services, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications. Please visit the Settings page in the App to opt out, if you object to ESR using your information for these purposes.

Aggregate Information

We do not sell your personal information.

ESR may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about motorcycles, usage, demographics, routes, and performance. ESR may use, sell, license, and share this aggregated information with third parties for research, business, or other purposes such as to improve your experience or to help our partners understand more about the community. ESR also uses aggregated data to generate our global, regional, and national heatmaps. Please visit Personal Data Rights if you object to ESR using your information for these purposes.

Purchase of App via App Stores

The purchase of our App is done via special online platforms operated by other service providers ("App Stores"). As such, the data protection notices of the respective App Stores apply in addition to our data protection notices. This applies with regard to the methods used on the App Stores for web analytics and for interest-related marketing as well as possible costs including:

  • Processed data types: Inventory data (e.g. names, addresses), Payment Data (e.g. bank details, invoices, payment history), Contact data (e.g. e-mail, telephone numbers), Contract data (e.g. contract object, duration, customer category), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Customers.
  • Purposes of Processing: Provision of contractual services and customer support.
  • Legal Basis: Performance of a contract and prior requests.

Services and service providers being used include:

Single Sign-on Authentication

Single Sign-On or Single Sign-On Authentication or Logon are procedures that allow users to log in to our Services using a user account with a provider of Single Sign-On services (e.g. a social network). The prerequisite for Single Sign-On Authentication is that users are registered with the respective Single Sign-On provider and enter the required access data in the online form provided for this purpose, or are already logged in with the Single Sign-On provider and confirm the Single Sign-On login via the button.

Authentication takes place directly with the respective single sign-on provider. Within the scope of such authentication, we receive a user ID with the information that the user is logged in with the respective single sign-on provider under this user ID and an ID that cannot be used for other purposes. Whether we receive further data depends solely on the single sign-on procedure used, the data releases selected as part of authentication and also which data users have released in the privacy or other settings of the user account with the single sign-on provider. Depending on the single sign-on provider and the user's choice, there can be different data, usually the e-mail address and the user name. The password entered by the single sign-on provider as part of the single sign-on procedure is neither visible to us nor is it stored by us.

Users are requested to note that their data stored with us can be automatically compared with their user account with the single sign-on provider, but this is not always possible or actual. If, for example, the e-mail addresses of users change, users must change these manually in their user account with us.

We can use single sign-on authentication, provided that it has been agreed with users in the context of pre-fulfillment or fulfilment of the contract, in the context of consent processing and otherwise use it on the basis of our legitimate interests and the interests of users in an effective and secure authentication system.

Should users decide to no longer want to use the link of their user account with the Single Sign-On provider for the Single Sign-On procedure, they must remove this link within their user account with the Single Sign-On provider. If users wish to delete their data from us, they must cancel their registration with us.

Services and service providers being used:

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Use fraud or abuse of ESR or its App and Sites users, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

Personal Data Rights

If you would like to access, review, update, rectify, and delete any Personal Information we hold about you, or exercise any other data subject right available to you, please fill out the appropriate form.

Our privacy team will examine your request and respond to you as quickly as possible. Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual, and in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

Erasure: You can request that we erase some or all your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of Services.

Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection/Do Not Sell: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Personal Data Processing

Data protection laws and privacy laws in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. A controller decides why and how to process personal information. A processor processes personal information on behalf of a controller based on the controller’s instructions. When ESR processes your Personal Data, we are acting as a controller and processor.

Personal Data Retention

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted.

In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. Following your deletion of your account, it may take up to 90 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to ESR, such as statistics of the use of the Services. For example, we may retain publicly available segments or routes and other depersonalized geolocation information to continue to improve the Services and we use aggregated information in ESR heatmaps. This information will be de-associated with your name and other identifiers.

Personal Data Protection and Management

We take several measures to safeguard the collection, transmission, and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity.

The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information. ESR’s secure servers protect this information using advanced firewall technology.

Encryption & Security: We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to these systems.

International data transfers: The personal data we collect or generate (process) in the context of our Sites and Apps will be stored in the USA. If you are located in the European Economic Area (“EEA”), we take measures to comply with applicable legal requirements and ensure adequate protection for the transfer of personal data to recipients in countries outside of the EEA.

Cookies

We use "cookies" to improve and make our Services easier to use. A cookie is used by many websites and is a small data file stored for a period on your computer. Cookies help us to understand how you interact with our Services and are also used to store your screen name (but never your password) to make it easier for you to login whenever you come back to Services.

Third parties may also collect information via Sites through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.

Compliance with the Children’s Online Privacy Protection Act (United States Users)

We recognize the need to provide privacy protections with respect to data we may collect from children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. § 6501 - 6506). We never collect or maintain data through the application from those we actually know are under thirteen years of age, and no part of the application is structured to attract anyone under thirteen years of age. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any user. We reserve the right to suspend and/or terminate with or without notice the account of any user who we believe has provided false information when registering for and/or using the application, and each user agrees to make no further use of the application after termination and/or during suspension.

Changes to Privacy Notice

We are constantly trying to improve our Services, so we may need to change this Privacy Notice from time to time as well. We will alert you to material changes by, for example, placing a notice on our Websites and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. If you object to any of the changes to this Privacy Policy, effective June 24, 2021, you should stop using the Services and delete your account.

I understand and accept the Privacy Policy

© EatSleepRIDE Motorcycle GPS® 2011