I. Introduction and Eligibility

Please read these Terms of Use (“Terms”) carefully before using the Service.

These Terms include Savy Transport Limited Privacy Policy, which is incorporated by reference into these Terms.

We have included several annotations in boxes to help explain or emphasise key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. We will give you notice of any changes to these Terms before they come into effect. Your continued use of the Service means you accept any changes.

Binding Agreement. These Terms constitute a binding agreement between you and Savy Transport Limited and its affiliates and subsidiaries (“Savy,” “Company,” “we,” “us”). The underlying technology is owned by Via Transportation, Inc. (“Via”) and where noted, Via will have the right to enforce these Terms. “You” means you as a user of the Service, and “users” shall mean all users of the Service. The “parties” refers to parties to these Terms. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. We will notify you of the revisions by sending an email to your registered email address. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.

II. The Service

The “Service” means any website, mobile application, or Internet service under Savy’ control, whether partial or otherwise, in connection with providing the Savy online platform licensed to Savy from Via that connects
users with vehicle-sharing transportation providers. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.”

By using the Service to make a Reservation for a Ride, you are electing to use a ridesharing transportation service.
The Service is currently being offered as a beta test, and as such is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited
capacity during the beta test and our anticipation of demand for the Service and have no discriminatory rationale or intention. The Service may be expanded to a broader geographic area and/or additional hours of operation in the future. Should you have any recommendations for additional times and/or areas of service, please contact us at support@savy.co.nz.

III. Eligibility to Use the Service

Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST OBTAIN THE CONSENT OF A PARENT OR GUARDIAN TO USE THE SERVICE, UNLESS YOU ARE ACCOMPANIED BY A PARENT OR GUARDIAN, OR ANOTHER USER WHO IS OVER THE AGE OF 18. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at support@savy.co.nz.  Agent of a Company, Entity, or Organisation. If you are using the Service on behalf of a company, entity, or organisation (collectively “Organisation”), then you represent and warrant that you:

  1.  are an authorised representative of that Organisation;
  2.  have the authority to bind that Organisation to these Terms; and
  3.  agree to be bound by these Terms on behalf of that Organisation.


IV. Your Account

You are responsible for your log-in credentials and for keeping your information accurate.

You are responsible for any activity resulting from the use of your log-in credentials on the Service.

You represent and warrant that the information you provide to the Company upon use of the Service and at all other times will be true, accurate, current, and complete.

Your Log-In Credentials. To use the Service, you may need to log-in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorised access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by e-mail to support@savy.co.nz. You will be solely responsible for the losses incurred by the Company and others due to any unauthorised use of your account.

V. Payments and Billing

Savy charges a fee (the “Fee”) for use of the Service. You will be charged when your Ride is complete. Fees are inclusive of taxes.

Cancellation Policy. If you cancel a Reservation, we may charge you a Fee. Repeated cancellations may result in the suspension of your account, in Via’s sole discretion.

No-Show Policy. If you are not present at the time and place designated in your Reservation, we may charge you a Fee. Repeated “no-show” instances may result in the suspension of your account, in Via’s sole discretion.

Credits and Promotional Codes. You may purchase credit (“Credit”) towards future Rides. Purchases of Credit may only be used with the Service. Promotional codes may be offered by Via or Savy with varying features and rates that are redeemable for Credit. Any such promotional code is valid until its stated expiration date.

VI. Additional Guests

If you make a Reservation and multiple people are traveling in your party, you, as the account associated with the Reservation, are responsible for the conduct of everybody traveling in your party.

When you make a Reservation, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional guests or charge an additional Fee.

VII. Communications

Via and Savy may communicate with you by email, text message or posting notice on the Service. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service-related purposes.

Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@savy.co.nz.

SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your mobile phone carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.

VIII. Savy’ and Via’s Content Ownership and Use

Savy and/or Via (as applicable) own or have rights to all of the content made available through the Service, but you may use it as you use the Service. You cannot use our logo without our written permission, or Via’s
logo without Via’s written permission.

The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, images, music, software (excluding the Service), audio, video, information or other materials.The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, the Savy brand and other Savy, Savy, or Via content (collectively, “Savy Content”). All Savy Content and the compilation (meaning the collection, arrangement, and assembly) of all Savy Content are the property of Savy or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorise you, subject to these Terms, to access and use the Service and the Savy Content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorised use of the Savy Content may violate copyright, trademark, and other laws, and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Savy Content on any copy you make of the Savy Content.

Savy Marks. Savy, Savy, the Savy logo, the Savy logo, and other Savy or Savy logos and product and service names are or may be trademarks of Savy (the “Savy Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Savy Marks.

Via Marks. Via, the Via logo, and other Via logos and product and service names are or may be trademarks of Via (the “Via Marks”). Without Via’s prior written permission, and except as solely enabled by any link as provided by us or Via, you agree not to display or use in any manner the Via Marks.

IX. Intellectual Property Rights and Your License to Use

You (or the people who allow you to use their content), own all of the content you post using the Service.

However, subject to our Privacy Policy, we may use this content in our marketing and edit it for this purpose.

If you post third party content as part of the Service, you confirm that you have permission to do this and that you remain liable to these third parties in the event that they claim the use of the content infringes their privacy
and other legal rights.

a. Savy Claims No Ownership. The Service may provide Users with the ability to post content (“User Content”).

Savy claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.

b. Savy’ Use of Posted Content on the Service. By posting User Content on or through the Service, and subject to Savy’ Privacy Policy, you grant Savy a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable right to license, sublicense, use, view, copy, adapt, sell, transfer, modify, remove, publish, transmit, distribute, broadcast, stream, perform or publicly display your User Content for any purpose without compensation to you, including for the purpose of promoting Savy, Savy, and its services. While we will not use User Content in an illegal or defamatory manner, and will try our best to not use your User Content in a way that may be objectionable to you, you waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. Please e-mail us at support@savy.co.nz if you believe your User Content is being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Content. The license granted in this paragraph will continue even after you stop using the Service. Savy reserves the right to refuse to accept, post, display, or transmit any User Content at its sole discretion.

c. You Acquire No Ownership in the Content of Savy, Via or Others. You understand and agree that you will not obtain as a result of your use of the Service, any right, title or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Savy, Via and their licensors, where applicable, own all right, title and interest, including all related intellectual property rights, in and to the Service. The Company name and logo, the Via name and logo, and the product names associated with the Service are trademarks of Via, Savy or other third parties, and no right or license is granted to use them.

d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Service. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.

e. Additional Licenses. Certain materials made available for download from or through the Service may be subject to additional or different license terms and conditions. The Service contains content from Users and other Savy or Via licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.

X. Copyright Policy

Savy respects the intellectual property rights of others and expects its users to do the same. Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright by emailing us at support@savy.co.nz.

XI. Suggestions and Submissions

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback,
recommendations or materials (“Creative Ideas”), we shall:

1. own, exclusively, all now known or later discovered rights to the Creative Ideas;

2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and

3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

XII. Third-Party Content Disclaimers, Limitations, and Prohibitions

You are responsible for your actions when using and relying on the Service or content available on the Service.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content”). You accept that any reliance on material posted by other users will be at your own risk.

By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Savy does not endorse any, nor is it responsible for, Third-Party Content on the Service.

Do not do bad things with the Service, try to break it, or steal our hard work.

You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorised access to the Service, user accounts, or the technology and equipment supporting the Service;

2. frame, mirror or link to the Service without permission;

3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Service, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Service;

4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, defamatory or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;

6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;

7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages;

8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Savy or others.

XIII. Consequences of Violating These Terms

If you do not act in an acceptable manner when using the Service or in accordance with these Terms, we may prohibit your use of the Service.

We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. Savy reserves the right to involve and cooperate with relevant law enforcement authorities in prosecuting users who violate these Terms in a criminal manner.

We reserve the right to suspend or terminate your account and prevent access to the Service for if we consider, acting reasonably, that you have breached these Terms or have acted in a way that is contrary to the law or jeopardises the health and safety of any person or property in connection with the Service. We reserve the right to refuse to provide the Service to you in the future.

Savy may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms.

XIV. Via’s Liability

If you are a “consumer” for the purposes of the Consumer Guarantees Act 1993 (“CGA”), you have certain rights and remedies under the CGA that cannot be contracted out of. For the avoidance of doubt, nothing in these Terms affects, or attempts to exclude in any way, your rights under the CGA.

Subject to the foregoing, we are not liable for the actions of users when they use the Service. We may also change the Service at any time after providing you notice, and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.

Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Savy of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.

Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services from, or participate in special contests, sweepstakes, and other promotions (“Promotions”) of our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.

By participating in a Promotion, you agree to the rules that govern that Promotion, which may contain specific requirements about how your Personal Information (as defined in Savys Privacy Policy) is used, including allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.

Released Parties Defined. “Released Parties” include Savy, Via and their affiliates, officers, directors, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

Nothing in these Terms affects, or attempts to exclude in any way, any rights or remedies you are entitled to pursuant to the CGA.

Subject to the foregoing, you understand that the Service is provided on an ‘as is’ and ‘as available’ basis, and Savy does not warrant that the Service:

1. will be uninterrupted, timely, secure, or error-free;

2. will meet your requirements or expectations; or

3. the Service and the server that makes the Service available are free of viruses or other harmful components.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for any losses, costs or damages incurred by you due to:

1. your inability to use the Service, including delays, delivery failures delays and other problems inherent in the use of the internet and electronic communications;

2. unauthorised access to or alteration of your transmissions or data; or

3. statements or conduct of any user or third party on the Service.

Except for claims under the Consumer Guarantees Act 1993, the Released Parties’ maximum liability to you under these Terms will not exceed NZD100. Your liability under these Terms will not exceed NZD$10,000.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your violation of any rights of any third party; or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XV. General Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XVI. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. The parties agree to submit to the non-e xclusive jurisdiction of the courts of New Zealand.

The parties agree that any dispute arising out of or in connection with these Terms will be resolved as follows: if a dispute arises in relation to these Terms, the parties must first use all reasonable endeavours to attempt to resolve the dispute amongst themselves. If the parties have not resolved the dispute after 20 days, then before pursuing any other remedies either party must refer the dispute to mediation. If the parties have not resolved the dispute within 10 days of commencing mediation, each party may pursue all other remedies that are available to it.

Contact Information

Savy Transport Limited
PO Box 5095
57 Higgins Road
Frankton
Hamilton, 3204
New Zealand
support@savy.co.nz





Privacy Policy




This Privacy Policy is incorporated by reference into the Savy Terms of Use. The term “Savy,” “Company,” “we,” and “us” includes Savy Transport Limited and our affiliates and subsidiaries.

This Privacy Policy explains how Savy may:

  • collect,
  • use, and
  • disclose


information we obtain through the “Service.”

The “Service” means any website, mobile application, or Internet service under Savy’s control, whether partial or otherwise, in connection with providing the Savy online platform that connects users with vehicle-sharing transportation providers. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and take Rides.

Personal Information” means information about an identifiable individual, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymised so that it does not allow a third party to easily identify a specific individual.

THE SERVICE COLLECTS YOUR INFORMATION

We collect Personal Information when you:

  • register to use the Service;
  • use the Service; and
  • communicate with us.


We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.

Personal Information Collection. You must register to make a Reservation through the Service. To register, you may need to provide Personal Information, such as your name, phone number, email address, billing address, and credit card information. You may also provide other optional information.

Using the Service. We collect information you post through the Service. For example, when you make a Reservation, the Service will collect the information you provide in such submissions, including any Personal Information. We will also store your transaction history.

Making Payments. When you make payments through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number. We (or our service providers on our behalf) may store this information for your convenience.

Customer Support. We may collect Personal Information through your communications with our customersupport team.

Location and Other Information from Your Mobile Device. We collect and store your location information if you enable your mobile device to send it to us. We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the Service. You may opt-out of location-based services at any time by editing the setting at the device level.

Promotions and Co-Branded Services. We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions (“Promotions”) that users may enter, register for or otherwise participate in through the Service. Certain of these Promotions may be co-branded with one of our advertisers, business partners, charities, sponsors or other third parties (“Third-Party Partners”). Such co-branded services will identify the Third-Party Partner. In these instances, the Third-Party Partner may collect your Personal Information directly on its website or another online service may collect your Personal  Information and share it with us and/or the Third-Party Partner. If you enter a Promotion, your Personal Information may be disclosed to Third-Party Partners or the public in connection with the  administration of such Promotion, including, in connection with winner selection, prize fulfilment, and publication of a list of winners, as required by law or permitted by the Promotion’s rules.

Information You Provide About a Third Party. If you use our referral program to tell a friend, relative or someone you know about our Service (a “Referred Person”), we will ask you to provide the Referred Person’s name and e-mail address. You understand that you must only provide this information to us if the Referred Person consents to be contacted by us in accordance with this clause. We will automatically send the Referred Person an e-mail inviting them to try our Service. We may also send a follow-up e-mail or e-mails, at our discretion. If a Referred Person no longer wants to receive communications from us, they can e-mail support@savy.co.nz with their request and we will discontinue further communications.

Cookies, Automatic Data Collection, and Related Technologies. The Service and our third party partners collect and store information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. We may use information collected through these tracking technologies to remember information so that you won’t have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the Service, to provide custom, personalised content including targeted advertising, to automatically update the Service on your mobile devices and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the Service to not work properly. Although we do our best to honour the privacy preferences of our members, we are not able to respond to Do Not Track signals from your browser at this time. Please see the Online Advertising section below to learn more about how tracking technologies may be used to serve advertising that is relevant to your interests.

By using the Service, you are authorising us to gather, parse, and retain data related to the provision of the Service.

HOW SAVY USES YOUR INFORMATION

We use Personal Information to:

  • facilitate and improve our services; and
  • communicate with you.


We may use aggregate information for any purpose, including for marketing purposes. We will only send you electronic marketing communications where you have consented to receiving such communications from Savy.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.

Communications. We may send email or text messages to the email address or phone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you, and to serve you personalized advertising content that may be relevant to your interests. We will only send you electronic marketing communications where you have consented to receiving such communications from Savy and you may opt out of such communications at any time by clicking on the “unsubscribe link” provided in such communications.

Aggregate Data. We may anonymise and aggregate data collected through the Service and use it for any purpose.

SAVY MAY DISCLOSE YOUR INFORMATION

We may share your information:

  • with our drivers or Members only to facilitate your Rides;
  • with our third-party service providers;
  • with insurance companies, government agencies or law enforcement;
  • to comply with legal obligations;
  • to protect and defend our rights and property; and
  • with your permission.


We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

Drivers and Members. When a Member requests a Ride, we may share your first name and last initial and location with a driver in order to provide the Service. We will not share your e-mail address, phone number or other information with drivers without your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service. If we transfer personal information to a third party, we will take reasonable and appropriate steps to ensure that the third party collects, processes and discloses personal information only for the limited and specified purposes to which you have consented.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may share or allow access to data collected through tracking technologies to serve you personalised advertising content that may be relevant to your interests. Please see the Online Advertising section below to learn more.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or to meet national security requirements; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

We cannot control how such entities may use or disclose such information.

We may also disclose your Personal Information with your permission.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@savy.co.nz.

We may retain your information for as long as is required to achieve the purposes set out in this Privacy Policy and in any case for as long as your account is active. In certain circumstances, we may retain your information for longer periods of time in order to provide you with services, comply with our legal obligations, resolve disputes and enforce our agreements.

CHILDREN’S PRIVACY

We do not knowingly collect information from children under 18 and we do not want it. We will take steps to delete it if we learn we have collected it.

No part of our Service is directed towards children under the age of 18 and we do not knowingly collect, maintain, or use Personal Information from children under the age of 18. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@savy.co.nz. If we learn that we have collected any Personal Information from children under 18, we will promptly take steps to delete such information and terminate the child’s account.

DATA TRANSFER

By using the Service, your data may be transferred to the United States. In particular, as the technology behind the Service is owned by Via Transportation, Inc., your data may be transferred to Via Transportation Inc for the purpose of making the technology behind the Service available to you and to Savy.

JURISDICTION

By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the New Zealand law in accordance with the Terms of Use.

YOUR CHOICES FOR LIMITED USE AND DISCLOSURE OF YOUR DATA

You control your account information and settings. You may update your account information and emailcommunication preferences at any time by logging into the app and changing your settings under Edit Profile.

Communications. You can stop receiving promotional e-mail communications from us by clicking on the “unsubscribe link” provided in such communications. You may not opt-out of Service-related communications (e.g., account verification, texts informing you of where your vehicle is located and the status of your live rides,receipts, reminders, changes/updates to features of the Service, technical and security notices).

Online Advertising. We may permit third party online advertising networks to collect information about your use of our website over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or apps. Typically, the information we share is provided through cookies or similar tracking technologies, which recognise the device you are using and collect information, including click stream information, browser type, time and date you visited the site, and other information. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies may disable many features available through the Service. (To learn more about cookies, clear gifs/web beacons and related technologies, and to learn how you may be able to opt-out of interest-based advertising from many online advertising networks, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access our service on your mobile device, you may not be able to control tracking technologies through changing your settings in your profile.

ACCESSING, UPDATING, OR DELETING YOUR INFORMATION

If you would like to access, update or correct any information that you have provided to us through your use of the Service or otherwise, or if you would like to delete your personal information maintained by Savy, or if you have suggestions for improving this Privacy Policy, please send an email to support@savy.co.nz. Upon request, we will take reasonable steps to correct, update, amend or delete your personal information, though we may not be able to permanently delete your personal information in all instances, such as when the information has been shared with third parties in accordance with this Privacy Policy.

HOW WE RESOLVE COMPLAINTS

Savy commits to resolve complaints about your privacy and our collection or use of your personal information. If you have any questions or a complaint about this privacy policy, the information that we collect from you, or the Services, please contact us at:

Savy Transport Limited
PO Box 5095
Frankton
Hamilton
New Zealand
support@savy.co.nz

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so please review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on the Service, and the revised version will be effective when it is posted. You will be deemed to have accepted the revised version if you continue to use the Service.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice of this to you. You will be deemed to have accepted the revised Privacy Policy if you continue to use the Service.