Privacy Policy

Traffic Privacy Policy

This privacy policy (“Privacy Policy”) governs how we, TRAFFIC, Inc. (together with any affiliates, “Traffic”, “we”, “our” or “us”), use Personal Information (defined below) that we collect, receive and store about individuals ; and/or (ii) the website and any other website that we operate (each, together with its subdomains, content and services, a “Site”). The App and Site are individually and collectively referred to herein as the “Services”. References to “you” (including “your”) mean visitor or user of the Services.

1. Introduction. As your privacy is important to us. The purpose of this Privacy Policy is to make clear how your Personal Information is collected, processed and used in connection with the Services.

2. Definitions

2.1. “Applicable Laws” shall mean any applicable privacy and data protection law, or other law, to the extent applicable to Traffic, Inc.

2.2. “Information” means Personal Information and Non-Personal Information.

2.3. “Non-Personal Information” means information that does not personally identify you and does not reveal your specific identity as an individual, such as anonymized information.

2.4.  “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify a natural person, including, but not limited to:

2.4.1. “Contact Information”, including name, telephone number, email address, a home or other physical address,

2.4.2. “Financial and Payment Information” such as PayPal account details, transaction details, and certain credit card details.

2.5.  “Registered User”: means an individual who has created an account to the Service.

2.6. “User” or “you” and includes both Visitors, and Registered Users.

2.7. “Visitor” means an individual who browses the Website without creating an account.

3. Consent and Modification. This Privacy Policy forms part of the Site’s Terms of Use. Capitalized terms not defined herein shall have the meaning ascribed to them in the Terms. By using the Services, you consent to the terms of this Privacy Policy and to Traffic, Inc.'s processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Services. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site or the App, and your continued use of the Service thereafter means that you accept those changes.

4. The Categories of Personal Information we Process.

4.1. Information Provided by You 

4.1.1. At Account Registration. In order to use the Services and make purchases online, you will have the option to register an account (“Account”). When you sign-up to an Account, you will be required to provide your Contact Information.

4.1.2. When you communicate with us. If you choose to submit an online form or send an email to an email address that we display on the Services, it will require you to provide us with certain Personal Information such as your name and email address.

4.1.3. Purchases. When you purchase products through the Services, you will be required to provide additional Personal Information, including your name, shipping and billing addresses, Contact Information and Payment Information.

4.2. Information We Collect Automatically

4.2.1. When visiting the Site we may automatically collect the following types of data: type of device and operating system, technical data about your equipment, usage data about your browsing actions and patterns and IP addresses, location. We (and third parties on our behalf) collect this data by using the following and similar technologies:

· Site Cookies, Log-Files and Tracking Technologies. The Site may utilize “cookies”, log-files and other tracking technologies. For more information about our cookies policy please refer to Section 8 below.

· Other Tracking Technologies. We may collect limited information from your mobile device in order to provide the Services. Such information may include your mobile device type, mobile device id, and date and time stamps of use. In addition, we may deploy tracking technologies within to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

4.3. Information you Publish on the Services. The Services allow you to publish certain content on the Services and by doing so such content becomes publicly available to Users of the Services. Such content includes:

4.3.1. User Content. The Services may permit you and other users to post, publish and transmit information, video, image, data, text, documents, and other content (such as works of art to be sold via the Services) onto public areas of the Services (“User Content”). Once published, User Content will become publicly available content and will be available to other users of the Services and third parties to view. This is the case even if your User Content contains Personal Information.

4.4. Information Provided by Third Parties. We may receive Personal Information from various third parties, including: 

· Technical data such as analytics provided by Google or similar providers;

· Contact, financial and transaction data from providers of technical, payment and delivery services.

5. The Way We Use Personal Information. 

5.1. Your Personal Information may be used in the following ways:

5.2. To provide and improve the Services.

5.3. To contact you in connection with the Services, programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services and services that you are authorized to access.

5.4. We may send you notifications regarding the App, the Services and third party advertisements.

5.5. We may use your Contact Information (such as your email address) to send you updates, a newsletter or news regarding the Services and our products and services, or to contact you in response to a “Contact ” request.

6. Sharing Information with Others. We may share your Information with others as follows:

6.1. We may share your Personal Information with our subsidiaries, affiliated companies and/or third party service providers such as cloud and other IT providers who store and/or process such Information on our behalf, subject to their commitment to process such information in compliance with such standards that are not less protective of such information than our Privacy Policy, all for the purpose of providing the Services to you.

6.2. We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Traffic, Inc., users of the Services, yourself or the public.

6.3. Merger, Sale or Bankruptcy. We reserve the right to transfer or assign Personal Information if we are acquired by, or merged with, a third-party entity or in the event of bankruptcy or a comparable event, to a party that is related to the foregoing event.

7. Use of Non-Personal Information. We may use Non-Personal Information or disclose it to third party service providers in order to improve the Services and enhance your experience with the Services. We may also disclose Non-Personal Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeted advertisements, subject to your consent, where such consent is required.

8. Cookies.

8.1. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. When you access or use our Services, we use industry-standard technologies such as cookies, other tracking technologies and other local files, which store certain information on the browser or hard drive of your computer and/or your mobile telephone device (“Local Storage”). We use the following types of cookies to collect data: analytics cookies, session cookies, functionality cookies, authentication cookies, 'strictly necessary’ cookies and targeting or advertising cookies.

8.2. Cookies and other Local Storage help us personalize the Services and to:

a) distinguish you from other users, enable automatic activation of certain features and improve your user experience offer promotions and other capabilities;

b) track clicks and online activity to estimate usage pattern, improve user experience and perform other analytics;

c) gather information about your approximate geo-location to provide localized content and help us comply with applicable requirements;

d) store information about your preferences and the device or browser you are using, and thereby customize and personalize the Services;

e) improve the Services; and

f) prevent fraud and/or abuse of the Services.

We also use Google Analytics. For more information about what Personal Information is collected visit Google Analytics cookie usage.

You can configure your browser, by changing its setting, to stop accepting cookies, to prohibit the Local Storage and/or to prompt you before accepting a cookie from websites you visit. Most devices and browsers will allow you to erase cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored.

8.3. Note that unless you block the acceptance of cookies, the Services will utilize cookies upon your use of the Services (all unless it is required by applicable law to provide a separate consent to use such cookies, and in which case we will use such cookies only after we receive your separate consent to such use and subject to your right to withdraw such consent at any time).

9. Opting Out. To not receive future promotional, advertising, or other Service-related emails from us you must select the unsubscribe link at the bottom of emails that you receive from us. In the event that you opt out of receiving the foregoing emails, we may still send you administrative emails that are necessary to facilitate your use of the Services.

10. Choice. It is at all times your Choice whether to provide or disclose Personal Information or not. If you choose not to provide the Personal Information we request, you may still visit parts of the Services, but you will not able to purchase or sell products on the Services and may be unable to access certain options, programs, offers, and services that involve our interaction with you.

11. Access/Accuracy. To the extent that you do provide us with Personal Information, Traffic, Inc. wishes maintaining your Personal Information accurate. You may use the tools that we make available in the Services to remove or modify certain information in your Account or Public Profile. If you would like to correct a material inaccuracy in any of your other Personal Information that we may be storing, you may submit an access request by sending an email to info@traffic-nyc.com. Your email should include adequate details of your request.

12. Links to Other Sites. The Site may contain links to third party websites that are not owned or controlled by Traffic. We are not responsible for the privacy practices or the content of third-party websites, and you visit them at your own risk.

13. Children's Privacy. The Services are not meant to be used by or for persons under 18; as such, we do not knowingly collect Personal Information from individuals younger than 18. Insofar as Personal Information may be collected based on a user’s consent, the user must be above the age of 16 (or above the age of 13 if this is the legal requirement in your country). If these age requirements are not met, the user is required to obtain the consent of the parent or guardian to provide and process Personal Information in accordance with this Privacy Policy. Without such consent, a user should not use the Services.

14. Security. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on the Services, you can contact us at info.

15. Data Retention.

15.1. We retain different types of information for different periods, depending on the purposes for processing the data, our legitimate business purposes as well as pursuant to legal requirements under applicable laws. We may retain Personal Information for as long as necessary to support the collection and the use purposes under this Privacy Policy and for other legitimate business purposes, for example, for storing data, for documentation, for cyber-security management purposes, legal proceedings and tax matters.

15.2. We may store aggregated non-Personal Information without time limit. In any case, as long as a user uses the Services, we will keep information about that user, unless we are legally required to delete it, or if that user exercises its rights to request deletion of such user's Personal Information.

16. Your California Privacy Rights. 

16.1. California Civil Code Section 1798.83 permits customers of Traffic, Inc. who are California residents to request certain information regarding its disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@traffic-nyc.com. Please note that we are only required to respond to one request per customer each year.

16.2. Under the California Consumer Privacy Act 2018, you may have the following rights, subject to submission of a verifiable request made to us:

· The right to know whether your Personal Data is collected and processed by us;

· The right to know what specific categories of Personal Data we collect about you, the sources from which it was obtained and the purposes for which it is used;

· request us to rectify and/or delete your Personal Data;

· The right to request us not to sell your Personal Data.

· The right for equal service and price, even if you exercise your privacy rights.

16.3. You may exercise your rights by sending us a request to info@traffic-nyc.com. For other inquiries, please contact us according to the details which appear in Section ‎‎20 “Contact Us” below.

17. European Union Residents. While the Services are not designed to target users in the European Economic Area (“EEA”) and we do not actively market the Services in the EEA, if you are a resident of the member state of the EEA, please see Appendix A for additional information regarding our collection and use of Personal Information.

18. Modifications of this Privacy Policy. The terms of this Privacy Policy may be updated over time by posting notice on the Services, with a seven (7) day advance notice. However, substantial changes will be effective thirty (30) days after the notice was initially posted. We will make best efforts to inform users of the Services of substantial changes through the channels of communication generally used in such circumstances, and if required under applicable laws - to obtain their consent. If we need to amend this Privacy Policy to comply with legal requirements, the amended Privacy Policy will become effective immediately or as required. A user's continued use of the Services following such notice shall constitute the consent of such user to any changes made and a waiver of any claim or demand in relation to such changes. If a user of the Services does not agree to the new or different terms, it should not use and is free to discontinue using the Services (discontinuation of use of the Services is subject to any contractual obligations a user may have towards Traffic).

19. Applicable Law and Dispute Resolution.

17.1. This Privacy Policy shall be governed by and construed in accordance with the laws of the State New York, without regard to its conflict of law provisions. 

17.2. The courts of the New York, NY district shall have exclusive jurisdiction in all disputes and proceedings arising from this Privacy Policy.

20. Contact Us. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we will make all efforts to continue to  develop our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, please contact us at info@traffic-nyc.com.

Last modified: December 3, 2019

Appendix A

Additional Provisions Applicable for Personal Information

Collected from Residents of the EEA

For individuals residing in the EEA, this Appendix outlines certain additional provisions applicable to you, as well as certain rights you have with respect to the processing of your Personal Information, pursuant to the Applicable Laws (as defined below). This Appendix will prevail to the extent it conflicts with any provision in the main body of this Privacy Policy.

1. General and Contact Details.

The name of the entity that collects and processes your Personal Information is Traffic, Inc.

If you have any concerns, request or questions with respect to your Personal Information you may contact Traffic at: info@traffic-nyc.com

2. Definitions.

“Applicable Laws” means the GDPR and European Member State Laws implementing and supplementing the GDPR to the extent applicable to Traffic, Inc.

“Data Subject” means a natural person, and refers to all types of individuals mentioned above including Users and Visitors.

“GDPR” means the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as amended, replaced or superseded from time to time.

3. Legal Basis for Processing Personal Data. 

We will only process Personal Data of Data Subjects where we have a legal basis to do so. The legal basis will depend on the purposes for which we received and/or collected and need to use the Personal Data. In almost all cases the legal basis will be:

a) To provide our Services to the Data Subject.

b) To fulfill a legitimate interest that we have as a business.

c) Because a Data Subject consented to us using its Personal Data for a particular purpose.

d) It is hereby clarified that the legal bases detailed above are the legal bases for actions to process Personal Data, carried out by us in accordance with the GDPR. If processing of Personal Data is subject to other applicable laws, then the legal basis for processing Personal Data may differ accordingly.

4. Data Subject Rights

4.1. Residents of the EEA have the following rights:

4.1.1. Access, Correction and Erasure Requests: You have the right to:

· ask us to confirm whether we are processing your Personal Data

· receive information on how your Personal Data is processed

· obtain a copy of your Personal Data

· request that we update or correct your Personal Data

· request that we delete Personal Data in certain circumstances

4.1.2. Right to Object to Processing: In certain circumstance, you have the right to request that we cease processing of your Personal Data.

4.1.3. Right to Restrict Processing: In certain circumstance, you have the right to request that we limit the processing of your Personal Data.

4.1.4. Data Portability: You have the right to request that we provide you or a third party that you designate with certain elements of your Personal Data in a commonly used, machine readable format. Please note, however, that data portability rights apply only to Personal Data that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.

4.1.5. Right to Withdraw Consent: You have the right to withdraw your consent to any processing that we conduct solely based on your consent (such as sending direct marketing materials to your personal email account). You may withdraw your consent to marketing or other activities by following the instructions on any marketing emails, or contacting us at info@traffic-nyc.com

4.2. Submitting Requests: Your requests may be submitted by sending a message to info@traffic-nyc.com. We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days.

4.3. Please note, however, that certain Personal Data may be exempt from such rights pursuant to Applicable Laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of data that you request.

4.4. If you have concerns about our data practices or the exercise of your rights, you may either contact us at info@traffic-nyc.comor the supervisory authority in the Member State of your residence.

5. International Data Transfers.

5.1. We may transfer Personal Data we collect about you pursuant to the purposes described in this Policy outside the EEA.

5.2. In particular, we transfer your Personal Information to our cloud service providers in the United States. We use appropriate safeguards for the transfer of Personal Data to our service providers in various jurisdictions and, where required, entered into agreements with such service providers that provide for certain mechanisms (such as standard contractual clauses) or other safeguards required by the GDPR for such purposes.