PRIVACY POLICY

Privacy Policy

Effective as of May 25, 2018

1 Introduction
2 About this Policy
3 Your rights and your preferences: Giving you choice and control
4 How do we collect your personal data?
5 What personal data do we collect from you?
6 What do we use your personal data for?
7 Sharing your personal data
8 Data retention and deletion
9 Transfer to other countries
10 Links
11 Keeping your data safe
12 Children
13 Changes to this Privacy Policy
14 How to contact us

1. Introduction

Thanks for choosing P97.

At P97, we want to give you the best possible experience to ensure that you enjoy our service today, tomorrow, and in the future. To do this we need to understand your purchasing habits, so we can deliver an exceptional and personalized service specifically for you. That said, your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data – as well as outline the choices you have around when and how you choose to share your personal data.

2. About this Policy

This Policy sets out the essential details relating to your personal data relationship with P97. The Policy applies to all P97 services and any associated services (referred to as the ‘P97 Service’). The terms governing your use of the P97 Service are defined in our Terms of Use (the “Terms of Use”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data, we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

1. Inform you of what personal data we collect about you, the reasons why we collect and use it, and who we share it with;

2. Explain the way we use the personal data that you share with us to give you a great experience when you are using the P97 Service; and

3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For further clarification of the terms used in this Policy please contact us (please see the ‘How to Contact Us’ Section 14 below).

Please note that the P97 Service requires you to provide and us to collect and use certain of your personal information. Therefore, if you do not agree with the content of this Policy, we will be unable to provide and you will be unable to use the P97 Service.

3. Your rights and your preferences: Giving you choice and control

You may be aware that a new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to certain individuals who are citizens of the EEU in relation to their personal data. If you are a citizen of the EEU and use the P97 Service, you have been afforded the following rights with respect to your personal data:

• Right of Access;

• Right to Rectification;

• Right to Erasure;

• Right to Restrict processing;

• Right to Object to processing (which we address by allowing you to suspend, or withdraw your consent to, your use of the P97 Service at any time); and

• Right to Data Portability (which does not apply to our P97 Service).

If you are a citizen of the EEU and have any questions about your privacy, your rights under GDPR, or how to exercise them, please contact our Data Protection Officer (please see the ‘How to Contact Us’ Section 14 below). We will respond to your request within a reasonable period upon verification of your identity. If you are unhappy with the way we are using your personal data, you can also contact and are free to lodge a complaint with your local Data Protection Authority.

4. How do we collect your personal data?

We collect your personal data in the following ways:

1. When you sign up for the P97 Service – when you sign up to the P97 Service, you provide, and we collect certain personal data such as your name, email address, birth date, gender, and country so you can use the P97 Service.

2. Through your use of the P97 Service – when you use the P97 Service, you provide, and we collect personal data about your use of the P97 Service, such as your location and what purchases you have made.

3. Personal data collected that enables us to provide you with additional features/functionality – from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data to provide you with more features or functionality. You always will have the option to change your mind and withdraw your consent at any time.

4. From third parties – we may receive personal data about you and your activity from third parties, including advertisers and partners we work with to provide you with the P97 Service (please see ‘Sharing your personal data’ Section 7 below). We will use this personal data either where you have provided your consent to the third party or to P97 to do so or where P97 has a legitimate interest to use the personal data to provide you with the P97 Service. We may also receive information from other sources and combine that with information we collect through our P97 Service such as for example (i) if you choose to link, create, or log in to your PetroZone® account with a payment provider (e.g., Apple Pay or Chase Pay) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app, or (ii) if you also interact with our P97 Service in another capacity, for instance as a Store Owner or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User.

We will use your personal data either where you have provided your consent to P97 to do so or where P97 has a legitimate interest in doing so to provide you with the P97 Service. In addition, we use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the P97 Service, and developing new features and functionality within the P97 Service.

5. What personal data do we collect from you?

We collect and use the following types of personal data about you:

• Account Registration Data (e.g., personal data you provide to sign up for and use the P97 Service such as your name, email address, birth date, gender, postal code, and country);

• P97 Service Usage Data (e.g., personal data about you when you are using the P97 Service which may include (i) information about your interactions with the P97 Service such as the date and time of any purchases you make, advertisements you have listened to or watched, and (ii) technical data such as URL information, cookie data, your IP address, the types of devices you are using to access or connect to the P97 Service, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and P97 application version);

• Voluntary Mobile Data (e.g., with your consent, we may collect additional personal data from your mobile device (e.g., your precise mobile device location or your voice data to enable you to interact with the P97 Service with your voice) to provide you with features/functionality that will enhance your P97 Service experience);

• Payment Data (e.g., personal data associated with purchases you make through the P97 Service, which may include information such as name; date of birth; credit or debit card type, expiration date, and certain digits of your card number; postal code; mobile phone number; and details of your transaction history);

• Transaction Information (e.g., we collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your campaign code, we may associate your name with that person);

• Contests, Surveys and Sweepstakes Data (e.g., personal data to allow you to sign up and participate in these types of promotions, which will vary depending on the promotion);

• Marketing Data (e.g., personal data to enable P97 and our partners / service providers to send you marketing communications either via email, while using the P97 Service and/or direct from the third party);

• Contacts Information (e.g., if you permit the PetroZone® app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described at the time of consent or collection);

• Device Information (e.g., we may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, advertising identifiers, serial number, device motion information, and mobile network information);

• Call and SMS Data (e.g., to facilitate communications between Users and Drivers, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message);

For users of SMS based marketing services:

  1. P97 Complies with all Applicable Laws, industry codes and standards which govern the use of SMS/MMS Service (“Messaging Compliance Rules”).
  2. Consumers may Opt-in:
  3. By the following:
  4. TEXT JOIN TO XXXXX
  5. Entering their phone number in the mobile app
  6. By opting-in, consumers must note that message frequency will vary by user and that message & data rates may apply. Carriers are not liable for delayed or undelivered messages.
  7. Consumers may text STOP to opt-out and text HELP for help.

• Log Information (e.g., when you interact with the P97 Service, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our P97 Service); and

• Camera and Microphone Data (e.g, the P97 Service may request permissions to use data from camera sensor and microphone, which will not be sent unless you explicitly share a photo or video using the sharing functions of the P97 Service).

6. What do we use your personal data for?

When you use or interact with the P97 Service, we use a variety of technologies to process the personal data you provide and we collect about you for various reasons. The reasons why we process your personal data include the following:

• To provide, personalize, and improve your experience with the P97 Service and other services and products provided by P97, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the P97 Service (including for third party products and services);

• To understand how you access and use the P97 Service to ensure technical functionality of the P97 Service, develop new products and services, and analyze your use of the P97 Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the P97 Service;

• To communicate with you for P97 Service-related purposes;

• To process your payments to prevent or detect fraud including fraudulent payments and fraudulent use of the P97 Service;

• To communicate with you, either directly or through one of our partners, for marketing, research, participation in contests, surveys and sweepstakes, and promotional purposes, including via emails, notifications, or other messages, consistent with any permissions or consents you may have given us; and

• To provide you with features, information, advertising, or other content which is based on your specific location.
In each case, the bases for our processing of your personal data are to enable our performance of one or more contracts, either with you or another one of our customers, legitimate interests (such as to improve our P97 Service) and / or your consent.

7. Sharing your personal data

The following personal data will only be shared with the categories of recipients outlined below if you choose to make use of the P97 Service or otherwise grant your permission or give your consent to share the personal data:

• Advertisers and Vendors (e.g., by using the P97 Service, you consent to our sharing your personal data (like your email address) with advertisers, vendors or other partners who may want to directly send you news or promotional offers);

• Service Providers and Others (e.g., we may use (i) technical service providers which operate the technical infrastructure for the P97 Service, and which host, store, manage, and maintain the P97 application, its content and the data we process; (ii) marketing and advertising partners to show you more tailored content, or to help us understand your use of the P97 Service to provide you with a better service; and (iii) certain marketing and advertising partners to send you promotional communications about P97);

• P97 Partners (e.g., (i) if you access the P97 Service through an offer that you received or purchased from a third party, we may share personal data with that third party about your use of the P97 Service, such as whether and to what extent you have used the offer, activated a P97 account, or actively used the P97 Service; (ii) we also may share your personal data in an anonymized or pseudonymised format with our industry partners to help them understand how the products they sell are performing via the P97 Service; and (iii) we may also share your personal data in an anonymized or pseudonymised format with marketing partners who help us with promotional efforts and with advertisers);

• Analytics and Advertising Services Provided by Others (e.g., we may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our P97 Service, as well as when you visit other online sites and services);

• Law Enforcement and Data Protection Authorities (e.g., we will share your personal data when we in good faith believe it is necessary for us to do so to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena, or believe that it is necessary for our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm); and

• Purchasers of our business (e.g., if we share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer, we will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Policy).

8. Data retention and deletion

We keep your personal data only as long as necessary to provide you with the P97 Service and for legitimate and essential business purposes, such as maintaining the performance of the P97 Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data (e.g., your account information) for as long as you are a user of the P97 Service.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

• Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

9. Transfer to other countries

P97 may share your personal data globally with other companies in the P97 Group to carry out the activities specified in this Policy. P97 may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances P97 shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Model Clauses approved by the EU Commission.

For further details of the security measures we use to protect your personal data, please see the ‘Keeping your personal data safe’ Section 11 of this Policy.

10. Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the P97 Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

11. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including anonymization, pseudonymisation, encryption, access control, and retention policies to guard against unauthorized access and unnecessary retention of personal data in our systems.

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your device and browser, and log out after having used the P97 Service.

12. Children

Only persons age 16 or older have permission to access our P97 Service. The P97 Service is not directed to children under the age of 13 years.

We do not knowingly collect personal data from children under 13 years of age. If you are under 13 years of age, please do not use the P97 Service, and do not provide any personal data to us.

If you are a parent of a child under 13 years of age and become aware that your child has provided personal data to P97, please contact us to exercise of your applicable rights detailed in the ‘Your rights and your preferences: Giving you choice and control’ Section 3 of this Policy.

If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the P97 account for that child.

13. Changes to this Privacy Policy

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the P97 Service or by sending you an email. We may notify you in advance.

Please, therefore, make sure you read any such notice carefully.

If you want to find out more about this Policy and how P97 uses your personal data, please contact our Data Protection Officer (please see the ‘How to Contact Us’ Section 14 below) to find out more.

14. How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact our Data Protection Officer at DPO@P97.com or by writing to us at the following address:

P97 Networks, Inc.
C/O Data Protection Officer
2050 W. Sam Houston Pkwy South, Suite 900,
Houston, TX 77042
USA

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