Sensible Weather Privacy Policy


Privacy Policy
Effective as of December 12th, 2022.  This Privacy Policy describes how Sensible Weather Co., Sensible Weather Technologies, LLC and other subsidiaries of Sensible Weather Co. ("Sensible Weather," "we", “us” or "our") handles personal information that we collect through our websites, online services and other digital properties that link to this Privacy Policy (collectively, the “Service”), as well as through social media, our marketing activities and other activities described in this Privacy Policy.  Sensible Weather may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.

Index
Personal information we collect
How we use your personal information
How we share your personal information
Your choices
Other sites and services 
SecurityInternational data transfer
Children
Changes to this Privacy Policy
How to contact us
Notice to European users

Personal information we collectInformation you provide to us. 
Personal information you may provide to us through the Service or otherwise includes:
Contact data, such as your first and last name, email address, billing and mailing addresses, and phone number.
Trip data, such as the date, price (including currency) and location of the trips you submit to the Service.
Communications data from exchanges with you, including when you contact us with questions or feedback, through the Service, social media, or otherwise. 
Transactional data, such as information relating to or needed to complete your purchases on or through the Service, including purchase numbers and transaction history. 
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Financial information, such as your financial account number and/or payment card information.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as merchants with whom you order an experience and leverage our Service through the Guarantee product; insurance partners from whom you receive insurance products or coverage; distribution partners who sell our embedded products, such as travel partners who provides location data associated with the trip location; and payment networks.

Data about others
. Users of the Service may have the opportunity to refer contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so. 

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Location data when you authorize the Service to access your device’s location.

Cookies.
Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice

How we use your personal informationWe may use your personal information for the following purposes or as otherwise described at the time of collection:
Service delivery.  We may use your personal information to:
provide, operate and improve the Service and our business;
facilitate your invitations to contacts who you want to invite to join the Service;
enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions and feedback.

Research and development.  We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.  

Marketing and advertising.  We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes. We may send you Sensible Weather-related or other direct marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the Opt-out of marketing section below.  
Compliance and protection. 
We may use your personal information to:
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); 
audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
enforce the terms and conditions that govern the Service; and 
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  

With your consent.  In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  

To create anonymous, aggregated or de-identified data. 
We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect.  We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data identifiable to you.  We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.  

How we share your personal information
We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.  
Service providers.  Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics). 
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe.  Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/en-gb/privacy.  Any payment reimbursement you request will also be processed by our payment processors, such as PayPal, Dwolla and Venmo.
Business partners. Third parties with whom we collaborate on joint activities (such as merchants, insurance partners and distribution partners) with whom we have entered into business relationships. We do not control how these third parties may use your personal information.
Professional advisors.  Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. 
Business transferees.  Acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Sensible Weather (including, in connection with a bankruptcy or similar proceedings).  
Other group companies. We may share personal information with our group companies and our affiliates, who may use your personal information for the purposes described in this Policy.

Your choices 
You have the following choices with respect to your personal information.
Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account. 
Opt-out of marketing communications.  You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us.  Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.  
Do Not Track.  Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Retention
We generally retain information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for information, we may consider factors such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements. When we no longer require the information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.

Other sites and services
The Service may contain links to websites, mobile applications, and other online services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party.  We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security 
We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. 

Children  
The Service is not intended for use by children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it. We encourage parents or guardians with concerns to contact us. 

Changes to this Privacy Policy 
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service.  Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact usEmail: Privacy@SensibleWeather.com
Mail: 730 Arizona Avenue, Santa Monica, California, 90401, United States of America

Notice to European users
The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom, Switzerland, and the European Economic Area (hereafter collectively referred to as “Europe”).
Personal Information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. Essentially, it boils down to information about an individual, from which that individual is either directly identified or can be identified. It does not include ‘anonymous data’ (i.e., information where the identity of individual has been permanently removed). The personal information that we collect from you is identified and described in greater detail in the section personal information we collect.
Controller. Sensible Weather Co. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.  See the Contact Us section above for contact details.
Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our Representative in the EU. Our EU representative appointed under the EU GDPR is The DPO Centre. You can contact them:By email to:eurep@sensibleweather.com 
By postal mail to:The DPO Centre Europe Ltd Alexandra House3 Ballsbridge ParkDublin, D04C 7H2Ireland

Our Representative in the UK. Our UK representative appointed under the UK GDPR is The DPO Centre. You can contact them:By email to: ukrep@sensibleweather.com By postal mail to:The DPO Centre Ltd 50 Liverpool Street London EC2M 7PY United Kingdom 

Legal bases for processing.
We use your personal information only as permitted by law. The European data protection legislation requires us to ensure we have a “legal basis” for each purpose for which we collect your personal information. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below:
• Where we need to perform a contract that we are about to enter into, or have entered into, with you (“Contractual Necessity”).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each purpose we use your personal information for is set out in the table below.   
 • Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• Where we have your specific consent to carry out the processing for the purpose in question (“Consent”). Generally, we do not rely on your Consent as a legal basis for using your personal information other than in the context of direct marketing communications.

We set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information. 

Processing purpose
Details regarding each processing purpose listed below are provided in the section above titled “How we use your personal information”.
Category(ies) of personal information processed Legal basis
For Service delivery

To manage our relationship with you, including responding to your request and/or inquiries, to provide you with access to content or information you requested, and providing you with information about the Service.
Contact data
Trip data
Communication data
Transactional data
Financial information
Other data
Processing is necessary to perform the contract governing our provision of our services or to take steps that you request prior to signing up for the services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.
For research and development
To understand what may be of interest to you, deliver relevant website content to you, measure or understand the effectiveness of the content we serve you, and use data analytics to improve our website.
Contact data
Trip data
Communication Data
Transactional data
Other data
We process your personal information based on our legitimate interest in improving our Services. Where required, processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the services.
For marketing and advertising purposes
To send marketing materials including, when you sign up for our mailing list or other marketing materials.
Contact data
Trip data
Communication data
Marketing data
Other data
Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the services
Sharing your personal information as described in this Privacy Policy
To disclose your personal information to third party business partners or services providers.
Trip data
Transactional data
Financial information
Processing may constitute our legitimate interests, may be necessary to perform the contract governing our provision of our services or to take steps that you request prior to signing up for the services, or may be based on your consent. To the extent that these activities constitute our legitimate interests, we do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with applicable law
To comply with legal obligations that apply to us, including but not limited to disclosing your personal information to courts, law enforcement or regulatory authorities.
Contact data
Trip data
Communication data
Transactional data
Financial information
Other data
Processing is necessary to comply with our legal obligations.


Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us. If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

Your rights.
European data protection laws give you certain rights regarding your personal information.  If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:
Right of access: You can ask us to provide you with information about our processing of your personal information and give you access to your personal information.
Right to rectification: If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified.
Right to erasure: You can ask us to delete or remove your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law.
Right to restrict processing:
You can ask us to suspend the processing of your personal information if: (i) you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 
Right to object:
Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. 
Right to data portability:
You have the right, in certain circumstances, to ask us to provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 
Right to withdraw consent at any time:
Where we are relying on consent to process your personal information you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the personal information or where certain exemptions apply. If we decline your request, we will tell you why, subject to legal restrictions.To exercise any of these rights, please contact us using the contact details provided above. We may request specific information from you to help us confirm your identity and process your request.Although we urge you to contact us first to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority. You can find your data protection regulator here.  
Cross-border data transfer. We are headquartered in the United States and may use service providers that operate in other countries. Therefore, we may transfer your personal information to recipients outside of the EEA and/or the UK. Some of these recipients are located in countries in respect of which either the European Commission and/or UK Government (as and where applicable) has issued adequacy decisions, in which case, the recipient’s country is recognized as providing an adequate level of data protection under UK and/or European data protection laws (as applicable) and the transfer is therefore permitted under Article 45 of the GDPR.Some recipients of your personal information may be located in countries outside the EEA and/or the UK for which the European Commission or UK Government (as and where applicable) has not issued adequacy decisions in respect of the level of data protection in such countries (“Restricted Country”). For example, the United States is a Restricted Country. When we transfer your personal information to a recipient in a Restricted Country, we will either:enter into appropriate data transfer mechanism as approved from time-to-time by the European Commission under Article 46 of the GDPR, the UK Information Commissioner’s Office or UK Government (as and where applicable), such as the Standard Contractual Clauses or the International Data Transfer Addendum (as applicable); orrely on other appropriate means permitted by the EEA/UK GDPR, which establish that such recipients will provide an adequate level of data protection and that appropriate technical and organizational security measures are in place to protect personal information against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.You may ask for a copy of such appropriate specific data transfer mechanism by contacting us using the contact details above.