Effective Date: September 14, 2020
This policy describes how Octopus Interactive Inc. (“Octopus”) and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world. This policy specifically applies to:
- Viewers: users who view, play or interact with our applications
- Drivers: users who provide transportation and feature our applications in their vehicle
- Other Hosts: any other user that features our applications
This policy also applies to those who provide information to Octopus in connection with an application to use our services, or whose information Octopus otherwise receives in connection with its services. All those subject to this policy are referred to as “users” for purposes of this policy. The Play Octopus game and advertising application and all similar applications are referred to as our “applications” for purposes of this policy.
The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places.
If you live in the United States or another country, the data controller for the information you provide or that is collected by Octopus or its affiliates is:
Octopus Interactive Inc.
4550 Montgomery Ave.
Bethesda, Maryland 20814
Questions, comments and complaints about Octopus’s data practices can be submitted to Octopus’s data protection office by email to firstname.lastname@example.org.
The Information We Collect
- Information that you provide to Octopus, such as when you create your Octopus account or enter information into our applications.
- Information created when you use our services, such as location, usage and device information.
- Information from other sources, such as Octopus partners and third parties that use Octopus APIs.
The following information is collected by or on behalf of Octopus:
1. Information you provide
This may include:
- User profile: We collect information when you create or update your Octopus account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers, birth date, photo and signature. This also includes vehicle or insurance information of drivers. This also includes the preferences and settings that you enable for your Octopus account.
- Background check information: We may collect background check information if you sign up to use Octopus’s services as a driver or other partner. This may include information such as your driver history or criminal record (where permitted by law). This information may be collected by a vendor on Octopus’s behalf.
- Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties.
- Contact information: We may collect contact information when you enter such information into our applications.
- User content: We may collect information that you submit when you contact Octopus customer support, provide ratings or compliments for other users, or otherwise contact Octopus.
- Address book or calendar: If you permit the Octopus app to access the address book on your device, we may collect names and contact information from your address book for purposes such as facilitating social interactions through our services. If you permit the Octopus app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees.
2. Information created when you use our services
This may include:
- Location Information
Depending on the Octopus services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.
- If you are a driver or other partner, Octopus collects location information when our applications are running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.
- If you are a rider, Octopus may collect location information when our applications are running in the foreground.
We collect transaction details related to your use of our applications. Additionally, if someone uses your promotion code or you use someone else’s promotion code, we may associate your name with that person.
- Usage information
We collect information about how you interact with our applications. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers.
- Device Information
We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
- Communications data
We enable users to communicate with Octopus, each other and our advertisers through our applications, websites, and other services. For example, we enable viewers to enter their contact information into our applications to receive special offers from our advertisers. As a result, Octopus receives some information regarding the calls or texts, including the date and time of the call/text, and the content of the communications. Octopus may also use this information for customer support services, for safety and security purposes, to improve our products and services and for analytics.
3. Information from other sources
These may include:
- User feedback, such as ratings or compliments.
- Users providing your information in connection with referral programs.
- Octopus business partners through which you create or access your Octopus account, such as payment providers, social media services, or apps or websites who use Octopus’s APIs or whose API Octopus uses.
- Insurance providers (if you are a driver or other partner).
- Financial services providers (if you are a driver or other partner).
- Publicly available sources.
- Marketing service providers.
Octopus may combine the information collected from these sources with other information in its possession.
How We Use Your Information
Octopus uses the information it collects for purposes including:
1. Providing services and features
Octopus uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to:
- Create and update your account.
- Verify your identity.
- Enable location-based content. This includes serving advertisements based on the location of your vehicle or a device using our applications.
- Process or facilitate payments.
- To track and optimize your usage of our applications.
- Enable features that allow you to share information with other people, such as when you share profile information with another user, submit a compliment about a driver, refer a friend to Octopus, record a top score in a game or express interest in an advertising offer.
- Enable features to personalize your Octopus account.
- Enable accessibility features that make it easier for users with disabilities to use our services, such as those which enable deaf or hard-of-hearing drivers to better utilize our applications and content.
- Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends.
2. Safety and security
We use your data to help maintain the safety, security and integrity of our services and users. This may include, for example:
- Screening drivers and other partners prior to enabling their use of our services and at subsequent intervals.
- Using information from devices to identify unsafe driving behavior such as using our applications while driving.
3. Customer support
Octopus uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to:
- Direct your questions to the appropriate customer support person
- Investigate and address your concerns
- Monitor and improve our customer support responses
4. Research and development
We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate new solutions in connection with our services.
5. Communications among users
Octopus uses the information we collect to enable communications between our users. For example, a viewer may submit their initials in connection with a top score to join a leaderboard shown to other users. Additionally, a referring driver may contact their referrals through email or SMS to encourage them to complete signing up.
6. Communications from Octopus
Octopus may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Octopus may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners. You may receive some of these communications based on your profile as an Octopus user. Octopus may also use the information to inform you about elections, ballots, referenda and other political and policy processes that relate to our services.
7. Communications from advertisers
When you submit your information to express interest in a particular advertiser’s offering, Octopus may send such information to such advertiser to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Advertisers may also use this information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners. Your information will not be shared in the event you opt-in via short-code program.
8. Legal proceedings and requirements
We may use the information we collect to investigate or address claims or disputes relating to your use of Octopus’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
Cookies And Third Party Technologies
- Authenticating users
- Remembering user preferences and settings
- Determining the popularity of content
- Delivering and measuring the effectiveness of advertising campaigns
- Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
You have the right to choose whether or not to accept cookies. However, they are an important part of how our services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of our services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the “Help” or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link.
Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit http://youradchoices.com/ and www.youronlinechoices.eu for EU visitors.
For mobile users, you have controls in your device Operating System that enable you to choose whether to allow cookies, or share your advertising ID with companies like Octopus or our advertising service providers. For information on controlling your mobile choices, you can visit www.networkadvertising.org/mobile-choices. To help control or block certain ads in mobile applications, you may choose to download and utilize the DAA mobile app, http://youradchoices.com/appchoices
Information Sharing And Disclosure
Octopus may share the information we collect:
1. With other users
- If you are a driver or other partner, we may share information with your passengers including name and photo; average rating provided by riders; and for how long you have been using the Octopus app. If you choose to complete a driver profile, we may also share any information associated with that profile, including information that you submit and compliments that past riders have submitted about you.
- Another example would be if you win a game, we may share your initials and approximate location (i.e. city) with other users.
- Additionally, if you are referred by another driver and enter that driver’s unique code into your application, we may permit that referring driver to contact you to follow-up on your application.
2. At your request
This includes sharing your information with:
- Other people at your request. For example, we may share your profile information, tablet/game activity, or other information at your request.
- Octopus business partners and advertisers. For example, if you request more information about an advertiser or promotional offering made by a third party, Octopus may share your information with those third parties. This may include, business partners with whom Octopus may partner with to deliver an advertisement, promotion, a contest or a specialized service, as well as other apps or websites that integrate with our APIs, those with an API or service with which we integrate, or any other vehicle/driver service companies. Your information will not be shared in the event you opt-in via short-code program.
3. With the general public when you submit content to a public forum
We love hearing from our users — including through public forums such as blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public.
4. With the owner of Octopus accounts that you may use
If you use a profile associated with another party we may share your trip information with the owner of that profile. This occurs, for example, if you are a driver using an account owned by a partner transportation company or a viewer that registers with an account of another company, such as a social media platform.
5. With Octopus subsidiaries and affiliates
We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.
6. With Octopus service providers and business partners
Octopus may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:
- Payment processors and facilitators.
- Background check providers (drivers only).
- Cloud storage providers.
- Marketing partners and marketing platform providers.
- Data analytics providers.
- Research partners, including those performing surveys or research projects in partnership with Octopus or on Octopus’s behalf.
- Vendors that assist Octopus to enhance the safety and security of its apps.
- Consultants, lawyers, accountants and other professional service providers.
- Fleet partners.
- Insurance and financing partners.
- Vehicle solution vendors and other service business partners.
7. For legal reasons or in the event of a dispute
Octopus may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.
This includes sharing your information with law enforcement officials, government authorities, regulatory authorities, or other third parties as necessary to uphold our policies or to protect Octopus’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder.
This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
8. With your consent
Octopus may share your information other than as described in this policy if we notify you and you consent to the sharing.
Information Retention And Deletion
Octopus requires user profile information in order to provide certain services, and retains such information for as long you maintain your Octopus account.
Octopus retains certain information, including transaction, location, device and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide Octopus’s services, enable customer support, enhance the user experience or other operational purposes, Octopus takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.
You may request deletion of your account at any time by contacting us.
Following such request, Octopus deletes the information that it is not required to retain. In certain circumstances, Octopus may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Octopus will delete your account as described above.
Octopus may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if Octopus closes a user’s account because of unsafe behavior or security incidents, Octopus may retain certain information about that account to prevent that user from opening a new Octopus account in the future.
Choice And Transparency
You may request that Octopus:
Provide a detailed explanation regarding the information Octopus has collected about you and how it uses that information.
- Receive a copy of the information Octopus has collected about you.
- Request correction of any inaccurate information that Octopus has about you.
You can make these requests by contacting Octopus at email@example.com.
Drivers may edit their name, phone number and other information associated with their account through our website. They may also look up their activity and history using our applications.
You may opt out of receiving emails and other messages from Octopus by following the instructions in those messages, as well as replying STOP to any SMS message. Please note that if you opt out, we may still send you non-promotional messages, such important information about your account. In the event you opt-out via short-code program, we will no longer send you messages under such program.
Special Information For EU Users
Updates To This Policy
We may occasionally update this policy. If we make significant changes, we will notify you of the changes through our applications or through others means, such as email or SMS. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.
We encourage you to periodically review this policy for the latest information on our privacy practices.