Terms and Conditions

CarShare Terms and Conditions of Membership

1.  Introduction

Welcome to CarShare!  These Terms and Conditions of Membership govern the relationship, rights, and obligations between SB CarShare dba of American Riviera Enterprises LLC.  And you, a CarShare Member, and are for the mutual benefit of our Members and CarShare.  CarShare Members must agree to these Terms and Conditions before becoming eligible to reserve and use a vehicle. These Terms and Conditions are in addition to:

  1. the CarShare membership orientation application you submitted; and
  2. the CarShare Orientation Manual

which are hereby incorporated by reference into these Terms and Conditions.

2. Definitions

In this document:

“CarShare” means SB CarShare dba of American Riviera Enterprises, LLC. a Wyoming LLC.

“CarShare vehicle” or “vehicle” means a vehicle owned or leased by CarShare for use by its Members, including any equipment included in a vehicle.

“Primary Member” means a person or organization described in Section 3 that has been approved as a Primary Member.

“Associate Member” means a person described in Section 4 who has been approved by CarShare as an Associate Member.

“Member” includes both a Primary Member and an Associate Member.

“Minor Violation” means an offense under the California motor vehicle laws that results in an assessment of 2 points or less under the California Vehicle Code.            .

“Major Violation” means an offense that results in an assessment of 3 points or more under California Vehicle Code          .

“Rate List” means the attached Rate List, including any amendments to it made from time to time in accordance with these Terms and Conditions.

“Terms and Conditions” means CarShare’s Terms and Conditions of Membership. 

3.  Membership Criteria

Submitting a membership application does not guarantee that you will be accepted as a CarShare Member.  In order to become and continue as a Member of CarShare, the following criteria must be met and maintained at all times:

  1. a Member must be at least 21 years old
  2. Members must have a valid driver’s license from a State in the United States and a “clean” driving record.  A driving record is considered “clean” if it meets the following criteria set forth by CarShare’s insurance carrier and its underwriting guidelines of our policy:

► no more than two minor violations in the three years prior to becoming a Member of CarShare. or during any running three-year period while a Member of CarShare.

► no at fault accidents in the three years prior to becoming a Member of CarShare., or during any running three year period while a Member of CarShare.

► no major violations in the three years prior to becoming a Member of CarShare., or during any running three year period while a Member of CarShare.

► no traffic violations that resulted in a felony conviction in the three years prior to becoming a Member of CarShare., or during any running three years while a Member of CarShare.

PRIOR TO BECOMING A MEMBER OF CARSHARE., ALL PERSONS MUST SUBMIT TO A DRIVING RECORD SCREENING AS PART OF THE APPLICATION PROCESS.  YOU AUTHORIZE CARSHARE. TO VERIFY YOUR DRIVING RECORD THROUGH THE DEPARTMENT OF MOTOR VEHICLES OF THE STATE THAT ISSUED YOUR LICENSE TO DETERMINE WHETHER OR NOT YOU ARE ELIGIBLE TO BECOME A MEMBER OF CARSHARE BASED ON CARSHARE’S CRITERIA.  FURTHERMORE, AFTER BECOMING A MEMBER OF CARSHARE., YOU AUTHORIZE CARSHARE. TO PERIODICALLY REVIEW AND VERIFY YOUR DRIVING RECORD THROUGH THE DEPARTMENT OF MOTOR VEHICLES TO DETERMINE CONTINUED ELIGIBILITY OF MEMBERSHIP TO CARSHARE.  CARSHARE RESERVES THE RIGHT TO CANCEL ANY MEMBERSHIP IF SUCH MEMBER FAILS TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS.

CarShare reserves the right to amend the membership criteria of these Terms and Conditions at any time and at the discretion of CarShare. 

If accepted, your membership is for a one year term.  Your membership will be automatically renewed at the end of each term and the cost of your annual or monthly membership fee will be charged to your credit card on record in accordance with the Terms and Conditions.  You agree to contact CarShare when the status of your credit card on record changes or expires.

  1. Associate Membership

Primary Members may apply to have the following become an Associate Member:    a spouse, same sex partner, child or parent, and/or any persons living in the same household.  An additional membership fee is required for each Associate Member according to the Rate List.  Any account that includes an Associate Member, the Primary Member and Associate Member(s) are considered as a single account for all purposes, and therefore the Primary Member is fully responsible for all charges and liabilities of his or her Associate Members.  The Primary Member may have an Associate member removed from their account by providing written notice to          CarShare.  CarShare will remove said Associate Member within seven business days after CarShare receives notice from the Primary Member.

  1. Application Fee

A nonnegotiable, processing fee will be charged for each submitted application to cover the cost of processing the application, and is nonrefundable, even if the applicant is denied Membership.

  1. Accessing CarShare Vehicles

Upon becoming a Member of CarShare., you are entitled to use CarShare vehicles according to the Terms and Conditions and the rules set forth in the CarShare Orientation Manual.  You will receive a vehicle access device(s) called a “fob” or access card that allows you to access all CarShare vehicles.  The fobs or access cards remain the property of SBCarShare and may not be used by non-Members at any time.  Furthermore, Members of CarShare. may not, at any time, grant access, possession or use of their fob by another person.  

If either your right to drive is terminated or your membership is terminated, you must immediately return all CarShare property, including your fob, to CarShare.  You are liable for the loss, damage, and any unauthorized use of all fobs issued to you and all Associate Members on your account.  If a fob is lost or stolen, you must contact CarShare. immediately to report the lost or stolen fob.  Replacement fees for the fobs will be charged according to the Rate List.

  1. Reserving a Vehicle

You must always reserve a CarShare vehicle before using it by either using the App, CarShare online reservation system.  Reserved times begin every 15 minutes. A vehicle may not be reserved for rental for less than one hour.  CarShare reservation records are considered to be without any error whatsoever, should any dispute arise. 

  1. Cancellations

You may cancel a reservation by using the App or CarShare online reservation system. A cancellation fee may apply (see Rate List).  

  1. Charges for Vehicle Use

If you reserve or use a CarShare vehicle, the fees according to the Rate Plan will be charged to your credit card on record with CarShare.  When you return a vehicle prior to the end of the reserved time period, you will still be billed for the entire time that you reserved the vehicle.  Fees will continue to accrue until the vehicle is returned to its proper pod location and the vehicle doors are locked by the reserving Member’s fob.

  1. Extension of a Reserved Period

If for any reason you cannot return a vehicle prior to the end of the reserved time period, you must extend your reserved time before the original reservation period time has expired by using the App, or CarShare online reservation system.  If a reservation extension is not possible because another CarShare Member has reserved the vehicle after your reservation time period, a late fee (and other fees) may apply according to the Rate List.

  1. Vehicle Inspection for Damage and Safety

CarShare will diligently keep the vehicles clean, reliable, and safe.  Before using any CarShare vehicle, it is your responsibility to walk around the vehicle and carefully inspect the entire vehicle for damage or safety issues.  If you notice damage to the vehicle, photograph the damage and review the Vehicle Condition Card located in the glove box and see if the damage has already been recorded.  If the damage is not noted on the card, call the CarShare office or emergency line immediately to report the damage.  You must also check the glove box to ensure the following are present in the vehicles:

  ignition key or key fob.

• proof of insurance card and vehicle registration

  • list of emergency telephone numbers;

• vehicle Operator’s Manual

• fuel card

Please inform CarShare immediately if any of these items are missing by calling the CarShare office at   888-762-8537 You may not at any time drive the vehicle without proof of insurance and/or vehicle registration.

  1. Valid Driver’s License 

YOU MUST CARRY A VALID DRIVER’S LICENSE WITH YOU AT ALL TIMES WHILE ACCESSING OR OPERATING ANY VEHICLE.  THERE ARE NO EXCEPTIONS TO THIS CONDITION.   The privileges of membership are conditional on your having possession of a valid driver’s license.  If your driver’s license is suspended, withdrawn, revoked or expires, for whatever reason, your privileges to drive a CarShare vehicle are terminated immediately.  You are required to inform CarShare immediately of any suspension, expiration or withdrawal of your license.  Furthermore, you are required to notify CarShare in writing of any traffic violations, no matter the severity, and whether or not they occurred in a CarShare vehicle.

  1. Treatment and Operation of CarShare Vehicles

All vehicles are owned by CarShare. and not by any of the Members of CarShare.  Members receive solely a bailment to reserve and use the vehicles pursuant to the Terms and Conditions of this Agreement.  You agree to treat CarShare vehicles with care and exercise due diligence to drive safely and to maintain the security of the CarShare vehicles at all times.  You agree to leave CarShare vehicles clean, windows up and doors locked following each use.  You must operate CarShare vehicles according to the Vehicle Operator’s Manual located in the glove box of each CarShare vehicle.  You must follow all applicable laws governing the operation and use of motor vehicles at all times.

  Children under the age of 12 are required to be seat belted in the rear seats.  Members who will be transporting children are required to use a child restraint system appropriate to each child’s size and age, and in conformance with all applicable laws.  Members must supply their own child restraint system. CarShare. will not be responsible for any injury, death or damage which results from the use of any child restraint system.

  No Smoking & No Vaping

Smoking or Vaping is not allowed in CarShare cars as it damages the cars and can impact the health of other members. We do take this seriously and for any member found to be smoking or vaping in the car, we will charge them for the cost of cleaning the car to make it completely smoke-free. We want to keep our car-sharing community happy and healthy.  If you get into a vehicle and smell smoke or vape, please let our office know immediately.

  Pets Must Travel in Carriers

Pets can only travel in CarShare if they are kept in a locked carrier. Remember that we are a car-sharing community and some members are allergic to pet hair. If you do bring your pet along for the ride please check for any pet hair at the end of your reservation and clean it up.  Service animals used by disabled 

members or passengers with disabilities are an exception. These animals are allowed in the car without a pet carrier. If you need to bring a service animal into a CarShare, please contact us. 

Please contact our office if you find pet hair in the vehicle and we will address the member who was responsible for not cleaning up after their pets. 

  Vehicles may not be used or operated at any time:

  unless you have made a reservation;

  in any race or competition;

  on any surface that is not paved or otherwise clearly designated for the passage of vehicle traffic;

  in a careless or negligent manner;

  for any illegal purpose, or while the driver is under the influence of any intoxicating substance;

  by any person who is not a member in good standing with CarShare;

  to carry persons or property for hire (i.e. Uber, lyft, taxis, limousine, food or parcel delivery service).  CarShare vehicles may be used for business purposes such as attending meetings and carrying associated materials;

  when loaded beyond their capacity or with more passengers than the vehicle has seatbelts;

  for the purpose of towing, pushing, or propelling any trailer or any vehicle.

You will be fully responsible for all damage to a vehicle that results from your use of it in violation of any of the above.

  1. Fuel

Because CarShare uses various alternative fuels, it is the member’s responsibility to make sure the correct fuel is being dispensed into the vehicle. If you ever have any question about the correct fuel, please contact our office to assist. Members that use the electric vehicles will need to plug the vehicle into the charging station, located at the vehicle’s parking pod, after each use.  

  1. Cleaning

CarShare will wash the exterior and clean the interiors of its vehicles regularly.  You are, however, responsible for cleaning the interior after each use, which may include vacuuming or using carpet cleaning in the event of a spill or sand on the floor.   

  1. Maintenance and Emergency Repairs

CarShare will ensure regular maintenance of its vehicles.  However, CarShare will reimburse you with CarShare credit in the event that minor maintenance is required while you are using the vehicle, such as any fluids that need to be refilled (ie. windshield wiper fluid) or small repair is needed (i.e. windshield wiper blade replaced).  In order to receive credit to your CarShare account, please text, email, a photo or scan to 888-762-8537 or mail your receipt noted with your Member and Trip Identification numbers, to our office.  In order for you to be reimbursed for repairs exceeding $25.00, you must contact CarShare to obtain approval in advance of the repair.  Any CarShare credits for reimbursement can only be used for vehicle usage and do not carry any cash value, nor can they be refunded or exchanged for cash.

  1. Return

Members must return CarShare vehicles promptly at the end of each reservation time period, in the same physical condition as it was at the beginning of the reservation time period, and Members will ensure that:

  1. the vehicle is returned prior to the end of the reservation time period;
  2. parked in its designated home parking spot with all windows rolled up and all lights turned off;
  3. all vehicle documents (proof of insurance, registration, etc.) are in the glove box;
  4. the interior of the vehicle is clean and free of any foreign debris, odors, and  particulate matter;
  5. the vehicle has been locked by using your CarShare fob; and
  6. any damage or maintenance issues that the Member became aware of when in possession of the vehicle have been reported to CarShare immediately.

If the vehicle is not properly returned, additional fee may apply according to the Rate List.

  1. Emergency Drivers

Non-Members are NOT permitted to drive CarShare vehicles.  In the event of an emergency, where the life or safety of you or another person is at immediate risk and your incapable of driving, a non-Member may be permitted to drive a CarShare vehicle, but only as is necessary to remove you or others from immediate danger, and in compliance with all applicable laws.

You are liable for any fees, costs, injuries, deaths, or damages arising from authorizing a non-Member's use of a CarShare vehicle, even if such fees, costs, injuries or damages arise from authorizing nonmember’s to use the vehicle during the life-threatening emergency..

  1. Payments

You agree to be bound by the Rate List and pay for your usage on a Pay-As-You-Go basis and in accordance with the billing plan you choose.

Each time you make a reservation, CarShare will charge the associated fees to your credit card for the amount of your estimated reservation costs.  Each month CarShare will also send you a statement detailing your use and any amounts owing or credits to your account.

Any overdue amounts are subject to a late payment fee of 1.25% per month, compounded monthly, and will be added to the total of the overdue amount.  

CarShare reserves the right to full payment in the event your membership is terminated or cancelled.  CarShare reserves the right to restrict or suspend your privilege to drive if you default in paying any amount owed to CarShare The restriction will remain in effect until you have paid any amounts owed, including any interest accrued, and a suitable payment method has been selected.

BY BECOMING A CARSHARE MEMBER, YOU AGREE TO THESE TERMS AND CONDITIONS AND YOU AUTHORIZE CARSHARE TO DEBIT YOUR CREDIT CARD TO PAY ALL AMOUNTS DUE UNDER THESE TERMS AND CONDITIONS.  CarShare shall not be responsible for any over-credit, overdraft, or overdrawn fees which Members may incur as a result of this authorization to debit Member’s credit card pursuant to the Terms and Conditions.

  1. Insurance and Members’ Responsibility

CarShare reserves the right to periodically check the driving records of every Member at any time and without notice.  Any Member cited for reckless driving, driving under the influence of alcohol or drugs, or who does not meet the criteria set forth in Section 3 will be automatically terminated.

As a Member, you are, while driving a CarShare vehicle, covered under our insurance policy, which provides you the following:

Auto liability with single liability limits of $15,000 per person/$30,000 per accident for bodily injury.  Also, $5,000 per accident for property damages. 

CARSHARE MAKES NO WARRANTY OR REPRESENTATION ABOUT THE SUFFICIENCY OR ADEQUACY OF THE COVERAGE FOR YOUR NEEDS.  CERTAIN EXCEPTIONS TO COVERAGE APPLY, AND YOU MAY EXAMINE OUR POLICY TO DETERMINE WHETHER THE POLICY PROVIDES ADEQUATE INSURANCE COVERAGE FOR YOUR NEEDS.

CarShare insurance is an excess coverage policy.  In the event a claim is filed as a result of your use of a CarShare vehicle, CarShare and/or its insurer will seek recovery from any other insurance policy that provides you with coverage, including any insurance policies that you may carry.  This may include a personal auto insurance policy, work-related policy and/or parent’s or spouse’s policy.

In the event of damage to a CarShare vehicle while you have it reserved or are using it, regardless of fault, it will be your responsibility to pay the first $1,000 of damage repair costs for the vehicle.  You will be liable for the entire cost of the vehicle repair or replacement and claims made by third parties if your policy or the CarShare insurance policy does not apply or does not cover the expense (for instance, because you were driving while intoxicated), or if you use the vehicle in any manner prohibited by the Terms and Conditions.

In addition to the liability imposed upon a Member in specific provisions of these Terms and Conditions for particular acts and omissions and the fees applicable under the Rate List, you are generally liable for the full value of damages to CarShare property, including without limitations, CarShare vehicles, and the claims of third parties arising out of the use of a vehicle, or are otherwise in possession of it, that is not covered by the CarShare insurance policy.  CarShare may charge a fee in any such amount to your account at its sole discretion.

 21.   Accidents and Damage

Any accident, damage, or bodily injury in connection with your use of a CarShare vehicle must be immediately reported to the CarShare office or the CarShare emergency pager and to the police.  You will not be charged a fee for calling the office in such an instance.  You are obligated to secure evidence from any available witnesses; record all of the required information and provide CarShare with a written description of the accident and the damage incurred.  If you are found to be at-fault in an accident and the vehicle is taken out of service for repairs, CarShare may, at its sole discretion, assess you with an out-of-service fee, along with additional penalty fees for each day the vehicle is out of service, and for as long as the vehicle is out of service.

22.   Traffic and Parking Violations

You are responsible for the full cost of all traffic and/or parking citations you incur while using a CarShare vehicle, including but not limited to parking violations for leaving a CarShare vehicle in an illegal parking space at the end of your reservation time period.  You must notify CarShare of any traffic and/or parking violations in which you are issued a citation while using a CarShare vehicle or if any such violations cannot be resolved within the prescribed deadline (ie. the case is being taken to court) by calling the CarShare office.  Any violation that results in the issuing of a citation and/or fine that is captured on camera in which you were the driver or during your reservation time period, said fine(s) will be charged to your CarShare account, including a processing fee.

  1. Returning the Vehicle to the Home Parking Space or Pod

If the vehicle’s home parking space or pod is occupied when you return the vehicle, you must park it in a legal parking space as near to the pod parking space as possible.  If you must pay for parking in order to make sure the car is legally parked, do so and CarShare will reimburse you with CarShare credit equal to the cost.  You must notify CarShare immediately by calling the CarShare office number if the pod parking space is occupied when you return the vehicle.

If you do not return the vehicle as required by the end of your reservation time period, then after notification to the Member by e-mail, CarShare may, AT MEMBERS’ EXPENSE, retrieve the vehicle wherever it is found.  If the vehicle is apparently abandoned, CarShare may retrieve the vehicle at Member’s expense, and without further notice to Member.

 

24.  Liens and Impoundment

If a CarShare vehicle is towed and impounded for illegal parking because of where you parked it, you are responsible for recovering the vehicle and agree to pay all of the costs arising from the vehicle being towed.  A fee may be charged by CarShare (according to the Rate List) if assistance by CarShare is required to secure the release of the vehicle.  If, without the written approval from CarShare, you allow a lien to be placed on a CarShare vehicle or allow the vehicle to be impounded, you are responsible for all costs, court, and legal fees incurred by CarShare in pursuing the return of the vehicle.  CarShare may, at its sole discretion, assess you with an out-of-service fee equal to the daily usage rate of the vehicle (see Rate List) for each day the vehicle is out of service; provided that the out-of-service-fee will not exceed $250 for the total period that the vehicle is out of service.

  1. Restriction of Driving Privileges  

CarShare retains the right to restrict or suspend your driving privileges associated with the use of CarShare. vehicles at any time either due to violation of these Terms and Conditions and or due to failure to pay any fees as set forth in Section 19.

  1. Obeying the Law

You must obey the traffic and other applicable laws while operating any motor vehicle.  Your privilege to drive a CarShare vehicle is automatically terminated if you are charged with a serious driving offense such as:

  operating a motor vehicle while impaired;

  operating a motor vehicle with a blood alcohol limit over the legal limit for the State of California    (.08%);

  failing to pass or consent to any test by a law enforcement officer to determine blood alcohol content;

  operating a motor vehicle in a dangerous or reckless manner; and

  failing to stop at the scene of an accident that you were involved in.

  1. Termination by Member

You may terminate your membership at any time and for any reason by notifying 

CarShare in writing.  Your termination will only be effective upon the return of all fobs and any other CarShare property in your possession.  Failure to return any CarShare property within 90 days of your written notice of your intention to terminate will result in a replacement fee for which you will be fully responsible to pay..

  1. Termination by CarShare

CarShare may terminate your membership at any time and for any reason by notifying you in writing.  Termination by CarShare is effective immediately unless it specifies otherwise.  You must return all fobs and other CarShare property in your possession.  Failure to return any CarShare property within 90 days of written notice of your termination will result in a replacement fee for which you will be fully responsible to pay.  Furthermore, you agree to review these Terms and Conditions regularly.

  1. Amendments to These Terms and Conditions

CarShare reserves the right to amend the Terms and Conditions from time to time as it sees fit or necessary.  Notice of any changes will of these Terms and Conditions will be delivered to Members by notification and then posted on the CarShare website at www.SBCarShare.com.  Any changes will take effect two weeks after the date on which the notices of any amendment is sent or at any later date specified in the notice.

By making a reservation after any notice of a change of these Terms and Conditions, you will be deemed to have accepted such change, and agree to be bound by the amended Terms and Conditions.

  1. Notice

If the Terms and Conditions require CarShare to give you notice, CarShare may notify you by mail, e-mail, or both.  If your contact information changes, you must notify CarShare immediately.

  1. Integrated Agreement

The Terms and Conditions and incorporated documents constitute the entire agreement between the parties, and supersede any written or oral contracts or negotiations.

  1. Severability

If any single part of these Terms and Conditions is found by a court to be invalid it shall not affect the validity of the rest of the document.

  1. Waiver

No provision of these Terms and Conditions shall be considered waivered because 

CarShare or the Member previously did not enforce it.

  1. Governing Law and Dispute Resolution

These Terms and Conditions are governed by California law.  In the event of litigation, the venue shall be in Santa Barbara, California, in either the Santa Barbara County Court or the Santa Barbara Municipal Court.

  1. No Warranty

CARSHARE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION CONCERNING ITS VEHICLES.  THE VEHICLES ARE PROVIDED “AS IS” AND CARSHARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

  1. Limitations of CarShare Liability

CarShare will not be liable for any damages or losses caused or arising out of or in connection with:

  a vehicle is not be available at the time in which you reserved it; and/or

• Any malfunction of or deficiency in a vehicle, whether or not by accident, including any physical injury or property damage that results there from; and/or

• any defect in a vehicle, or any breach of warranty or other obligations by any manufacturer or supplier or repairer of any vehicle.

In no event will CarShare be liable for any damage or injury to persons or property, or loss of profits, or any indirect or consequential damages, however caused.

By clicking on the “I Agree” button below, you agree to these Terms and Conditions.  You fully understand, agree and will comply with the provisions set forth in these Terms and Conditions of CarShare.  

I ACCEPT

I DO NOT ACCEPT

Privacy Policy

At SB CarShare (“American Riviera, LLC”, “we”, “our” or “us”), we respect your privacy.  We have adopted this privacy policy (“Privacy Policy”) to demonstrate our commitment to the protection of your personal information.

We explain below how we use and protect the personal information we may gather from and about our customers by means of our websites, mobile applications and from third-party sources.  By using our websites or mobile applications, you consent to the collection, use, and disclosure of your information, as described in this Privacy Policy.

The Types of Information We Collect
How We Use This Information
How Your Information May Be Shared
Data Security and Integrity
Changes to this Policy
Contacting Us
Use of Cookies and Similar Technologies

The Types of Information We Collect

Information Collected About You

You may provide us with certain information in connection with a transaction or in your interactions with our website.  When you are asked to provide personal information, you may decline.  If you choose not to provide the information, you may not be able to use some products or services.  The personal information we may collect includes:

  • Your name, contact information, date of birth, driver’s license number and expiration date and emergency contact information;
  • Vehicle rental information, including the location of where the vehicle is rented, date of rentals, type of rental and your preferences;
  • Your credit card details, online user account details and membership identification numbers;
  • Information you provide regarding your marketing preferences or in the course of participating in surveys or promotional offers;
  • Photographs you submit of you and your driver’s license or your receipts through camera features available on some of our mobile application and website;
  • Additional contact information about you that we may obtain through third parties with whom we do business.

With your consent, we may access location-based information or collect location markers from your mobile device or based on your IP address.  We may use this information to provide you with notifications related to our locations, return information, offers or other information that may be helpful in providing you better services.  We do not use this information to specifically locate you for any reason other than to provide you the service.  If you have allowed us to utilize your location information in the past and wish to revoke the permission, please change the settings at the device level.

If permitted by law, in certain areas of our sites, we provide you the ability to enter your friend’s name and contact information in order for us to send your friend a one-time e-mail inviting him or her to visit our site.  We also provide you the ability to enter a friend’s or other individual’s name and contact information in order to make bookings for that friend or other individual.  You must have obtained the consent of your friends before making such submissions.  The information you provide will not be used for any further marketing purpose unless your friend requests services or we otherwise obtain consent from that person.  Please be aware that when you use any send-to-a-friend functionality on our site, your name and e-mail address may be included in the communication sent to your friend.

Information Collected and Stored Automatically

By visiting our website, certain information may be automatically provided to us by your computer.  For each visitor to our website, our webservers automatically recognize the visitor’s domain name or IP address.  An IP address is a number assigned to your computer when you connect to the Internet.  As part of the protocol of the Internet, webservers can identify your computer by its IP address.  In addition, we may collect your browser type and operating system as well as your internet service provider (ISP), referring and exit pages, date and time stamp, and/or clickstream data.  We collect similar information when visiting our website with your mobile device, including mobile device brand, model, mobile operation system and carrier. Except as otherwise explained in this policy, we may combine the non-personal information we collect from you (as described above and as described below, under “Use of Cookies and Similar Technologies”) with your personal information in order to tailor our website and enhance your online experience by saving your preferences and/or to help identify site features, advertisements and offers that may be of interest to you.

Use of Cookies and Similar Technologies

SB CarShare uses cookies, pixel tags, etags, HTML 5 storage and similar technologies on our site and in promotional e-mails which we may send to you.

Vehicle Operation and Location Data

Our vehicles may be equipped with the manufacturer-provided or another vehicle telematics system (“Telematics System”).  Some or all Telematics System functionality may or may not be active during rental periods.  Telematics Systems may provide us use of, disclosure of, or access to (1) location information, (2) crash notification and related crash data and, (3) operational condition, mileage, diagnostic and performance reporting of vehicles (“Telematics Data”), as permitted by law.

Use of the Telematics System is subject to the terms and conditions and privacy policy posted by the applicable Telematics Systems provider and/or vehicle manufacturer (in the case of OnStar, information is available at www.onstar.com), which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information and user responsibilities.

If you choose to use the Telematics System, we are not responsible for any data that is left in the vehicle as a result of your use.  We cannot guarantee the privacy or confidentiality of such information and you must wipe it before you return the vehicle to us.

Children’s Privacy

Our website and online marketing are not directed to, and SB CarShare does not knowingly collect personal information from, children under the age of 18.  If you nevertheless believe that your child has provided us with their personal information and you need to let us know to delete it, please email us at privacy@sbcarshare.com.

How We Use This Information

We use the information we collect for the following purposes:

  • To assist the transactions that you request, such as reserving and renting motor vehicles.
  • To provide customer service related to your interactions with us or to respond to your inquiry.
  • To verify your identity for fraud prevention purposes. We do not store this information for any other reason.
  • To contact you regarding an incomplete online membership form or reservation.
  • To contact you about a citation or claim.
  • To provide you with discounts, coupons, sweepstakes, offers and other information, opportunities and services that may be of interest to you. You may receive these offers in advertising via third-party sites and media properties, including in social media.  You may be able to opt-out of these ads by clicking on an icon in the ad or through the privacy settings in each media property.
  • To assist us in providing better products and services; for example, evaluating the performance of our staff, to assess the quality of product and service received and to help us improve our website and services.
  • To compile statistics and analysis about our customers’ use of our website, products and services, which statistics are only used to enable us to provide better customer service, products, features and functionality to you and other customers in the future.
  • To protect our rights and property.

We may combine the information that you submit to us with information related to your transactions with us, such as vehicle type.  We may also combine this information with data we receive about you from third parties who assist us in processing requests, maintaining our data and optimizing our services.

With your consent, we utilize text messaging, known as Short Message Service (SMS), to provide any of the following:  time sensitive communications related to your transaction, extended rental opportunities, customer experience surveys, marketing promotions such as coupons, discounts, last minute specials or loyalty and rewards information.  You will have the ability to opt-out of these communications by replying to the message as stated in the message.

We retain information we collect for commercially reasonable periods of time or in accordance with specific laws or policies.  Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled.  Inactive data may, however, continue to be used for statistical, marketing, archiving and other analytical purposes.

How Your Information May Be Shared

We may disclose the information we collect from and about you to our affiliates for the purpose of providing the transactions you have requested and (with your consent) marketing purposes.  In addition to those stated within this Policy, Telematics Data from rental vehicles may be disclosed to, accessed by or used by emergency service providers, others who may assist in responding to an accident, telematics service operators or those with whom we have a legal or contractual obligation to provide such data.  Our affiliates and our employees in our IT, marketing, operations and customer service divisions may use your information, as described in this Policy, including, if required by applicable law, to send you information about products and services or to respond to your inquiry.  To update your marketing preferences please see the Contacting Us section below.

We also may disclose your information to other third parties:

  • when required by law or in response to legal process;
  • without legal process in response to a request from law enforcement relating to a criminal investigation;
  • to protect our rights, privacy, safety or property, or of the public;
  • for administrative or technical support or other business purposes to facilitate our transactions with you;
  • to analyze our data, conduct mobile analytics services or to maintain and improve our services (subject to confidentiality agreements as appropriate);
  • to permit us to pursue available remedies or limit damage that we may sustain;
  • to enforce the terms of any rental agreement or our website’s terms and conditions;
  • to assist with the administration of rewards programs;
  • if the rights of another individual might be violated and;
  • otherwise with your consent.

Personal information may also be subject to transfer to another company in the event of a transfer, change of ownership, reorganization or assignment of all or part of our business or assets.  This will occur if the parties have entered into an agreement under which the collection, use and disclosure of the information is limited to those purposes of the business transaction, including a determination whether or not to proceed with the business transaction.  You will be notified via e-mail or prominent notice on our website for thirty (30) days of any such change in ownership or control of your personal information.

We may disclose your personal information to third-party service providers (such as a payment processor to bill you for services, an e-mail provider to send e-mail communications to you on our behalf, or the provider of our live chat feature in order to offer you customer service).  These service providers are contractually required to maintain the confidentiality and security of your information.  However, your information may be accessible to authorities in accordance with applicable laws.

We may also share aggregated or de-identified information about our customers with our advertising and marketing partners, and third-party media properties, including social media sites to allow them to send targeted advertising messages on our behalf.

Testimonials

We may post customer testimonials/comments/reviews on our websites which may contain personally identifiable information.  We will obtain your consent via e-mail prior to posting the testimonial.  To request the removal of your testimonial, please contact us through one of the methods listed below in the Contacting Us section.

Linked Sites

Our website may contain links to other websites (such as those of our marketing partners or advertisers), which may have privacy policies that differ from our own.  We are not responsible for the activities and practices that take place on these websites.  Accordingly, we recommend that you review the privacy policy posted on any website that you may access through our website.

Data Security and Integrity

The security of the information you provide is very important to us and we try to provide secure transmission of your information.  For certain transactions on certain of our website, we may use Secured Sockets Layer (SSL) technology to secure the transfer of information.  While we strive to protect your personal information, we cannot guarantee the security of any data transmission over the Internet.  Once we receive your information, we take steps that we believe are reasonably appropriate to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction to ensure the data’s integrity.  We use a combination of technological, physical, administrative and organizational controls as well as non-disclosure or confidentiality agreements as we deem appropriate to protect your data.

If you have a user name and password for any of the features on our website, you have the responsibility of keeping your password secret.  You should not reveal your password to anyone.  We will not ask you in an unsolicited telephone call or e-mail for your password.  In addition, you should take reasonable precautions when using a computer that is not your own or in a public setting.

Changes to this Policy

We may update this Privacy Policy to reflect changes to our information practices.  If we make any material changes, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this site, or as otherwise may be required by law, prior to the change becoming effective.  We encourage you to periodically review this page for the latest information on our privacy practices.

Contacting Us

The accuracy and completeness of the information we collect is very important to us and we make efforts to ensure that the information we have is accurate and up-to-date.  In addition to the options provided to you in this Privacy Policy, if you wish to opt-out of direct marketing or review, amend, correct or update personally identifiable information we have collected about you, contact us using the information provided below.  For e-mail marketing, please use the unsubscribe link located at the footer of each email.

By clicking on the “I Agree” button below, you agree to these Terms and Conditions.  You fully understand, agree and will comply with the provisions set forth in these Terms and Conditions of CarShare.