Privacy Policy

Effective as of December 1, 2017

1. Application of this Privacy Policy
Zagster, Inc. (“Zagster”, “we”, “us”, “our”) cares about your privacy rights and takes our responsibilities regarding your information seriously. We have prepared this Privacy Policy to help you understand how we collect, use, and seek to safeguard personal information on the platforms where this policy is located, including our ridepace.com website, our Pace mobile application and through our Pace bike sharing services (collectively, the “Platforms”).

By downloading, accessing or using the Platforms, you agree to the terms and conditions of this Privacy Policy and our Terms of Use. Riders of our bike sharing programs also agree to our Rider Agreement, along with the Terms of Use and this Privacy Policy.

2. When We Collect Information
We collect information from you when you visit our Platforms, register for an account, request information, respond to a survey, contact our customer service team, enter information through our Platforms or give information to us in any other way. We collect information directly from you when you provide it, such as when you create an account or sign up for information through our Platforms. We also collect information from you passively, through tools such as browser cookies and email beacons. We may also combine information that we have collected offline with information we collect online or we may combine information we get from a third party with information we already have.

3. Types of Information We Collect
We collect two types of information from you. Personal Information is information that identifies you personally, such as your first and last name, email address, or billing information (such as your credit card number, cardholder name, and card expiration date). We also collect Other Information that does not identify you personally, such as gender, country of residence and other demographic information as well as Platform usage information. Any time we combine Other Information with Personal Information, we will treat the information as Personal Information. Below are the types of Personal Information and Other Information we collect.

Contact Information. As part of the sign-up process, we may collect your name, birth date, email address, phone number and other contact information. We may also collect this information when you request white papers or register for events, such as webinars, with us.

Payment Information. As part of the sign-up process, we may collect your billing address, credit card number, expiration date, security code and/or other information regarding digital payment accounts such as PayPal or Google Wallet.

Demographic Information. We may collect information like your gender and age. We may also collect your zip code.

Engagement Information. We may collect browsing and engagement data with the Platforms. This may include how often you visit the Platforms, the amount of time you spend using the Platforms, and how you engage with the Platforms. We might also look at what website you came from or what links you click on within the Platforms.

Technical Information. We may collect information about the browser or device you are using, including your IP address, your phone number and your unique mobile device identifier – such as the International Mobile Equipment Identity or the Mobile Equipment ID number. We may also collect information about the mobile app version you are using and your geolocation.

GPS Information. We may track your location and use of bikes using the GPS available through your mobile device. We will not collect any location information that you do not volunteer or enable, but you must agree to provide certain location information within in order to use the Pace bike sharing service. We use this information to track the location of bikes.

Ride Information. We may collect information about your use of the Pace bike sharing service and details about your rentals and rides, including dates and times. We also collect information you share with our customer support team about your experience.

Referral Information. From time-to-time you may provide us with the name and email address for people you want to refer to our Platforms. We will not use this information except to send a referral email and to track the success of any referral programs.

4. How We Use Information We Collect
We may use the information, including Personal Information, we collect from you in the following ways:

  • For registration and to manage your account, including to allow your access to and use of our Platforms; to communicate with you in general.
  • To personalize a user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To operate and improve our Platforms in order to better serve you.
  • To create aggregated and anonymized information to determine which features within the Platforms are most popular and useful to users, and for other statistical analyses.
  • To allow us to better service you in responding to your customer service requests.
  • To obtain your feedback about our Platforms.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your Pace membership or other products and services.
  • To market our products and services and new features or updates to our Platforms.
  • To resolve disputes or troubleshoot problems.
  • To protect our company, our customers, and the Platforms.
  • To prevent potentially prohibited or illegal activities.
  • To enforce our Terms of Use
  • As otherwise described to you at the point of collection.

5. Sharing Information with Third Parties
Except as set forth in this Privacy Policy, we do not sell, trade, or otherwise transfer to outside parties your Personal Information unless we provide you with advanced notice. Other than as set out below, you will be notified when Personal Information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We may share information with third parties who perform services on our behalf. For example, we share Information with vendors who send emails for us. We may share information with companies that help us operate our platforms, provide business analytics, provide customer support, or run a promotion. We may also share information with companies that help us fulfill customer requests. This may include third party payment processors. Vendors who have access to and collect information may only do so as needed to perform their functions and are not permitted to share or use the information for any other purpose.

We may share Personal Information with business partners. We may share your Personal Information with our business partners from time to time. This includes the municipalities, colleges and universities, and sponsors that may be associated with Pace bike sharing systems you use.

We may share Other Information with third parties. We may share aggregate or anonymous information with third parties, including with advertisers, partners and investors, for marketing, advertising or any other purpose. For example, we may tell our advertisers the number of visitors our Platforms receive. We may share engagement information with partners, such as number of riders, number of trips from particular locations, and popular trip times.

We may share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share information if a government agency or investigatory body requests it. We might share information if we are investigating potential fraud. This might include fraud we think has happened during a promotion. If you are the winner of a sweepstakes or contest, we may also share your information with anyone who requests a winner’s list. We might share information to enforce our terms and conditions or otherwise establish or exercise our legal rights. We might also share information to protect our rights, privacy, safety or property or that of our partners and customers.

We may share information in connection with a corporate transaction. For example, if part or all of our business is sold, we may include customer information as part of that transaction.

We may share information as otherwise required by law and for other reasons we may describe to you.

6. Choices about Use of Your Information
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Even if you opt out of getting our marketing messages, we will still send you transactional messages. These include responses to your questions as well as service announcements and administrative messages.

You can control cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly. Options you select are browser and device specific, so in some cases, blocking or rejecting cookies will not stop all all tracking described here.

You can control Google Ad Settings. We use the Google Demographics and Interests reporting through Google Analytics. Through a first party cookie, it compiles data regarding user interactions with ad impressions, and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

You can control certain tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also reset your Apple’s IDFA at any time by following the directions here and Google’s Advertising ID by following the directions here.

7. Use of Standard Security Measures to Protect Your Information
The Internet is not 100% secure. We cannot promise that your use of our platform will be completely safe or that the information you provide to us will be secure at all times. Zagster will not be held responsible for events arising from unauthorized access to your Personal Information. We encourage you to use caution when using the Internet. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law.

8. Storing Information in the United States
If you are visiting any of our Platforms from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. We may also store information in other countries. If you are visiting any of our Platforms from outside the United States, you understand and agree that we may transfer your information to the United States. Access to and use of the Platforms is subject to U.S. laws, which may not afford the same level of protection as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

9. Links to Third Party Websites or Services We Do Not Control
We may provide links to third party websites within the Platform. These external third party websites do not operate under this Privacy Policy. We are not responsible for these third party websites, including the privacy practices of such third party websites and we recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

10. California Online Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require people or companies that operate websites collecting personal information from California consumers to post a conspicuous privacy policy on their website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

Additionally, under CalOPPA, if you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Please mark your inquiries “California Data Request.”

11. Children Online Privacy Protection Act (COPPA)
Our platforms where this Privacy Policy is found are meant for adults. We do not specifically market to children under 13 and we do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us at [email protected].

12. CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and provides penalties for violations.

In accordance with the CANSPAM law, we will (i) not use send emails with false or misleading subjects or from false or misleading email addresses, (ii) identify in some reasonable way when a message is an advertisement, (iii) including the physical address or our business headquarters, (iv) allow users to unsubscribe by using the link at the bottom of each email, (v) honor opt-out/unsubscribe requests and (vi) monitor third party email marketing services for compliance, if one is used.

13. Updating your Information
You can access and update your contact and other information by accessing your account through the mobile app, if you have an account, or by contacting us at [email protected]. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy. You can also close your account by contacting support within the mobile app. Please note that after you close an account, you will not be able to sign in or access any of the information within your account. However, you can open a new account at any time.

14. Updates to this Privacy Policy
We know that our business will continue to evolve and from time to time we may change our privacy policies. We will notify you of any material changes to our Privacy Policy as required by law. We will also post an updated copy our platform. Please check our platform periodically for updates. You can determine when this Privacy Policy was last updated by reviewing the last revision date below and any revisions will take effect upon posting. Use of the Platforms after a notice of changes has been sent to you or published through the Platforms shall constitute consent to the changed terms and practices.

15. Contact Us
If you have any questions about this policy or want to correct or update your information, please email us at [email protected].

You can also write to us at:

Zagster, Inc.
Attn: Privacy
25 First Street, Suite 104
Cambridge, MA 02141

If you have questions regarding your bike sharing account or use of our bike sharing service, you may send an email to [email protected] or contact us through the support mechanisms available through the Pace mobile app.