EVA Vehicle Terms of Service
Thank you for your interest in EVA!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
· Introduction
· Eligibility, registration, verification
· Fees, taxes
· Prohibited activities
· Other legal matters
· Specific terms for guests
· Specific terms for hosts
· Dispute resolution
· General provisions
INTRODUCTION
EVA provide an online Jeep rental platform that connects travelers seeking to book Jeeps. EVA is accessible online at https://evaww.com/ . The EVA website, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and EVA.
These Terms, together with the Eva privacy policy, and EVA cancellation policy, (together, the “Policies”) constitute the “Agreement” between you and EVA (each a “Party” and together, “the Parties”).
Modification. EVA reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. However, updated agreements will be furnished to you at the next Jeep Rental.
ELIGIBILITY, REGISTRATION, VERIFICATION
Eligibility
The Services are intended solely for guests who are 23 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “EVA Account”). You can create a EVA Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Based on information you provide, EVA may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). Privacy Policy and EVA Terms of Use.
Verification
Where permitted, EVA has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. EVA may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize EVA to request, receive, use, and store such information. EVA may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. EVA will take measures to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title, not subject to any applicable safety recalls, and otherwise satisfy our requirements.
Consumer Report Authorization. When you attempt to book a vehicle, or at any time after where EVA reasonably believes there may be an increased level of risk associated, you hereby provide EVA with written instructions and authorize EVA, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
FEES, TAXES
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide EVA a payment method, you authorize EVA, or third-party service providers acting on behalf of EVA, to store your payment credential for future use in the event you owe EVA any money. You authorize EVA to use stored payment credentials for balances, including fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
EVA and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. EVA, or the collection agencies we retain, may also report information about your EVA Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your EVA Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information EVA reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact one or all of the credit bureaus. If you wish to dispute the information a collection agency reported to a credit bureau regarding your EVA Account, you must contact the collection agency directly.
Taxes
In certain jurisdictions, EVA may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by EVA will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where EVA is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through EVA promotional campaigns, you grant EVA a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. EVA does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate EVA Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
PROHIBITED ACTIVITIES
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
* Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
* Post false, inaccurate, misleading, defamatory, or libelous content
* Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EVA, or that comes from the Services and belongs to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EVA
Dilute, tarnish, or otherwise harm the EVA brand in any way, including:
* Through unauthorized use of the Services and/or user content
* Registering and/or using “EVA” or derivative terms in domain names, trade names, trademarks, or otherwise
* Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to EVA domains, trademarks, taglines, promotional campaigns, or EVA and/or user content
Provide or submit any false or misleading information, including:
* False name, date of birth, driver’s license details, payment method, insurance, or other personal information
* In relation to a claim (for example about damage to a vehicle)
* By registering for a EVA Account on behalf of an individual other than yourself
* Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
* Fail to pay fees, penalties, or other amounts owed to EVA
* Fail to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
* Transfer your EVA Account/reservation to another party without our consent
* Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by EVA in certain limited circumstances
Harm or threaten to harm users of our community, including:
* Harass, stalk, or defame EVA or collect or store any personally identifiable information about EVA other than for purposes of transacting as in accordance with these Terms
* Engage in physically or verbally abusive or threatening conduct
* Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
* Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the EVA community
* Sue or assert legal claims against EVA or affiliates of EVA in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
* Commercialize any content found on the Services or software associated with the Services, including reviews
* Harvest or otherwise collect information about users without their and our consent
* Recruit or otherwise solicit any user to join third-party services or websites that are competitive to EVA, without our prior written approval
Interfere with the operation of the Services, including by:
* Interfering with any other user’s listings
* Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
* Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm EVA or the interests or property of EVA
* Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
* Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
* Using, displaying, mirroring, or framing the Services or any individual element within the Services, the EVA name, any EVA trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of EVA
* Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
* Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
* Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by EVA or any of our service providers or any other third party (including another user) to protect the Services
* Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
* Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
* Endeavoring to circumvent a suspension, termination, or closure of your EVA Account or the account of another EVA user, including, but not limited to, creating a new EVA Account or listing vehicles affiliated with or registered to a EVA Account holder that has been suspended, terminated, or closed
OTHER LEGAL MATTERSOther legal matters
Violations. EVA has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
EVA reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that EVA, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing EVA, our employees, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your EVA Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that EVA may contact you by electronic means (e.g., electronic mail; notifications via messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your EVA Account or EVA Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where EVA is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize EVA and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with EVA or its agents for quality control and training purposes. You acknowledge and understand that your communications with EVA may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through [email protected].
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. EVA is not an insurance company and does not insure guests.
SPECIFIC TERMS FOR GUESTS
The following sections also apply if you book a vehicle/service:
Guest commitments
As a guest, you commit that you will be a legally licensed driver and provide proof to EVA with current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle with EVA, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with EVA to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Auto liability insurance
EVA cannot offer liability insurance to you. You the primary guest ae responsible for providing insurance.
If you book with EVA, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by EVA or any third-party insurance partners, brokers, or producers.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the EVA in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present EVA with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event EVA has any concern about your use of a vehicle, EVA may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact https://evaww.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement nullify private coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, EVA, third-party administrators, or agents, may assume that the damage occurred during your reservation period.
No responsibility for shared vehicles
You acknowledge that EVA is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Incident reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide EVA or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by EVA, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of EVA staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
Vehicle theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
* If you fail to return the vehicle you booked at the time and place agreed upon designated in your reservation
* If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
* If the vehicle is returned to any place other than the return location on the reservation or agreed upon with EVA. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
* If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
* If you fail or refuse to communicate in good faith with the police, EVA, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
* If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of EVA, or who misrepresents or withholds facts to/from EVA material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs EVA deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if EVA and/or its agents has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. EVA, a hired agent of EVA, may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, EVA, and other authorities in all matters related to the investigation.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
· Introduction
· Eligibility, registration, verification
· Fees, taxes
· Prohibited activities
· Other legal matters
· Specific terms for guests
· Specific terms for hosts
· Dispute resolution
· General provisions
INTRODUCTION
EVA provide an online Jeep rental platform that connects travelers seeking to book Jeeps. EVA is accessible online at https://evaww.com/ . The EVA website, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and EVA.
These Terms, together with the Eva privacy policy, and EVA cancellation policy, (together, the “Policies”) constitute the “Agreement” between you and EVA (each a “Party” and together, “the Parties”).
Modification. EVA reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. However, updated agreements will be furnished to you at the next Jeep Rental.
ELIGIBILITY, REGISTRATION, VERIFICATION
Eligibility
The Services are intended solely for guests who are 23 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “EVA Account”). You can create a EVA Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Based on information you provide, EVA may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). Privacy Policy and EVA Terms of Use.
Verification
Where permitted, EVA has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. EVA may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize EVA to request, receive, use, and store such information. EVA may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. EVA will take measures to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title, not subject to any applicable safety recalls, and otherwise satisfy our requirements.
Consumer Report Authorization. When you attempt to book a vehicle, or at any time after where EVA reasonably believes there may be an increased level of risk associated, you hereby provide EVA with written instructions and authorize EVA, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
FEES, TAXES
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide EVA a payment method, you authorize EVA, or third-party service providers acting on behalf of EVA, to store your payment credential for future use in the event you owe EVA any money. You authorize EVA to use stored payment credentials for balances, including fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
EVA and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. EVA, or the collection agencies we retain, may also report information about your EVA Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your EVA Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information EVA reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact one or all of the credit bureaus. If you wish to dispute the information a collection agency reported to a credit bureau regarding your EVA Account, you must contact the collection agency directly.
Taxes
In certain jurisdictions, EVA may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by EVA will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where EVA is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through EVA promotional campaigns, you grant EVA a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. EVA does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate EVA Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
PROHIBITED ACTIVITIES
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
* Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
* Post false, inaccurate, misleading, defamatory, or libelous content
* Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EVA, or that comes from the Services and belongs to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EVA
Dilute, tarnish, or otherwise harm the EVA brand in any way, including:
* Through unauthorized use of the Services and/or user content
* Registering and/or using “EVA” or derivative terms in domain names, trade names, trademarks, or otherwise
* Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to EVA domains, trademarks, taglines, promotional campaigns, or EVA and/or user content
Provide or submit any false or misleading information, including:
* False name, date of birth, driver’s license details, payment method, insurance, or other personal information
* In relation to a claim (for example about damage to a vehicle)
* By registering for a EVA Account on behalf of an individual other than yourself
* Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
* Fail to pay fees, penalties, or other amounts owed to EVA
* Fail to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
* Transfer your EVA Account/reservation to another party without our consent
* Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by EVA in certain limited circumstances
Harm or threaten to harm users of our community, including:
* Harass, stalk, or defame EVA or collect or store any personally identifiable information about EVA other than for purposes of transacting as in accordance with these Terms
* Engage in physically or verbally abusive or threatening conduct
* Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
* Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the EVA community
* Sue or assert legal claims against EVA or affiliates of EVA in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
* Commercialize any content found on the Services or software associated with the Services, including reviews
* Harvest or otherwise collect information about users without their and our consent
* Recruit or otherwise solicit any user to join third-party services or websites that are competitive to EVA, without our prior written approval
Interfere with the operation of the Services, including by:
* Interfering with any other user’s listings
* Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
* Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm EVA or the interests or property of EVA
* Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
* Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
* Using, displaying, mirroring, or framing the Services or any individual element within the Services, the EVA name, any EVA trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of EVA
* Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
* Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
* Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by EVA or any of our service providers or any other third party (including another user) to protect the Services
* Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
* Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
* Endeavoring to circumvent a suspension, termination, or closure of your EVA Account or the account of another EVA user, including, but not limited to, creating a new EVA Account or listing vehicles affiliated with or registered to a EVA Account holder that has been suspended, terminated, or closed
OTHER LEGAL MATTERSOther legal matters
Violations. EVA has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
EVA reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that EVA, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing EVA, our employees, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your EVA Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that EVA may contact you by electronic means (e.g., electronic mail; notifications via messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your EVA Account or EVA Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where EVA is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize EVA and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with EVA or its agents for quality control and training purposes. You acknowledge and understand that your communications with EVA may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through [email protected].
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. EVA is not an insurance company and does not insure guests.
SPECIFIC TERMS FOR GUESTS
The following sections also apply if you book a vehicle/service:
Guest commitments
As a guest, you commit that you will be a legally licensed driver and provide proof to EVA with current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle with EVA, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with EVA to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Auto liability insurance
EVA cannot offer liability insurance to you. You the primary guest ae responsible for providing insurance.
If you book with EVA, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by EVA or any third-party insurance partners, brokers, or producers.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the EVA in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present EVA with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event EVA has any concern about your use of a vehicle, EVA may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact https://evaww.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement nullify private coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, EVA, third-party administrators, or agents, may assume that the damage occurred during your reservation period.
No responsibility for shared vehicles
You acknowledge that EVA is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Incident reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide EVA or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by EVA, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of EVA staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
Vehicle theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
* If you fail to return the vehicle you booked at the time and place agreed upon designated in your reservation
* If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
* If the vehicle is returned to any place other than the return location on the reservation or agreed upon with EVA. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
* If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
* If you fail or refuse to communicate in good faith with the police, EVA, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
* If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of EVA, or who misrepresents or withholds facts to/from EVA material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs EVA deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if EVA and/or its agents has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. EVA, a hired agent of EVA, may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, EVA, and other authorities in all matters related to the investigation.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be
EVA Cancellation policy
Cancellation policy
Last revised: January 19, 2023
Guest cancellation
Guests may cancel their trip through our site or mobile app, and the cancellation is effective immediately. Whether the guest received a full refund, a partial refund, or receives no refund depends on the circumstances. The total amount refunded will depend on when the guest cancels the trip, the length of the trip, and the trip type. The cancellation period is based on the vehicle’s time zone.
Full refund: Free cancellation period and cancellation for cleaning/disinfection concerns
Free cancellation period
Guests may cancel free of charge up to 24 hours before their trip starts. Guests who book within 24 hours of their trip have one hour after booking to cancel for free. If a guest wants to cancel a booked trip, we encourage them to notify us as soon as possible via EVA website or email.
Trip modifications
If a guest requests a trip modification and the host accepts, that modification does not reset the free cancellation period for the trip. It remains tied to the original booking time.
Cancellation for cleaning/disinfection concerns
Guests may cancel free of charge and receive a full refund if, upon inspecting the vehicle at trip start, they have concerns that it hasn’t been cleaned and disinfected. Guests are only eligible for a full refund if they: do not accept the vehicle, do not check in for the trip, and immediately contact EVA to report the issue.
Partial refund: Cancellations outside the free period and guest no-shows
Cancellations outside the free period
If a guest wants to cancel a booked trip, we encourage them to notify the EVA as soon as possible through the EVA website or app. We’ll issue a partial refund to guests who cancel in this manner and do not fall within the free cancellation period. For canceled trips that are longer than two days, we’ll refund the guest the trip price and trip fee minus the average of one day’s cost, the protection plan, and half of any delivery fee. For canceled trips that are two days or shorter, we’ll refund the guest the trip price and trip fee minus half the average of one day’s cost, the protection plan, any Extras, and half of any delivery fee.
Guest no-show
If a guest fails to cancel and doesn’t show up for the trip within 30 minutes of the trip’s scheduled start time, it’s a guest no-show. If a guest has booked a trip, has not canceled their trip, and does not show up for 12 hours after the trip’s scheduled start time, it’s a guest no-show. A guest who shows up to a trip with no license, with an invalid license, or who sends their additional driver in their place is also a guest no-show. EVA will cancel guest no-show trips, and we’ll issue the guest a partial refund. For no-show trips that are longer than two days, we’ll refund the guest their trip price and trip fee minus the average of two days’ cost, the protection plan, any Extras, any young driver fee, and half of any delivery fee. For no-show trips that are two days or shorter, we’ll refund the guest their trip price and trip fee minus the average of 75% of one day’s cost, the protection plan, any Extras, any young driver fee, and half of any delivery fee.
Exceptions
Exceptions to the guest refund amounts for cancellations outside the free period and for no-shows may apply in the event of a flight delay, flight cancellation, lost baggage issue (see below).
No refund: Early returns
Early returns
There are no credits/refunds issued for early returns except when the guest has submitted a trip modification request to shorten their trip and the host has accepted through the EVA website or app.
Guest trips canceled by EVA
Guest trips canceled by host and host no-shows
If a EVA cancels a guest’s trip or is a no-show — that is, hasn’t canceled and doesn’t show up within 30 minutes of the scheduled trip start — EVA will refund the guest in full. Funds from the canceled or no-show trip will be available for 24 hours after the cancellation so a guest can rebook their trip. Customer Support is available to help guests rebook during business hours for UK guests. If the funds remain unused after 24 hours, we’ll automatically issue a full refund. Guests who don’t want to rebook and don’t want to wait 24 hours for EVA to issue a refund can initiate their refund as per the instructions in the cancellation email.
In some cases, EVA trust and safety team will cancel a guest’s booked trip. If that were to happen, EVA will contact the guest, and issue the guest a full refund. In these instances, Customer Support is available to help guests rebook 24/7 (US and Canada) and during business hours for UK guests.
Guest trips impacted by flight delays, flight cancellations, or lost baggage
Flight delays or flight cancellations
If a guest’s flight is delayed or canceled, they must contact EVA and to request a trip modification for a new start time. Specifically, guests must notify the EVA of the flight delay or cancellation at least one hour before the scheduled EVA trip start time. They must provide documentation, such as a screenshot from the airline mobile app or website, that shows the flight issue. The guest must notify EVA of a flight delay or cancellation within at least 24 hours of the trip’s scheduled start time to be eligible to benefit from this cancellation policy. If the guest’s flight is canceled/delayed more than three days in advance of the trip start time, this policy does not apply.
Lost baggage delays
If the guest experiences a lost baggage delay, EVA will issue the guest a full refund if they’ve messaged EVA and provided documentation. Specifically, they must notify EVA no later 30 minutes after the scheduled trip start time, notify EVA of the lost baggage delay within 24 hours, and provide photo evidence of a baggage issue.
Last revised: January 19, 2023
Guest cancellation
Guests may cancel their trip through our site or mobile app, and the cancellation is effective immediately. Whether the guest received a full refund, a partial refund, or receives no refund depends on the circumstances. The total amount refunded will depend on when the guest cancels the trip, the length of the trip, and the trip type. The cancellation period is based on the vehicle’s time zone.
Full refund: Free cancellation period and cancellation for cleaning/disinfection concerns
Free cancellation period
Guests may cancel free of charge up to 24 hours before their trip starts. Guests who book within 24 hours of their trip have one hour after booking to cancel for free. If a guest wants to cancel a booked trip, we encourage them to notify us as soon as possible via EVA website or email.
Trip modifications
If a guest requests a trip modification and the host accepts, that modification does not reset the free cancellation period for the trip. It remains tied to the original booking time.
Cancellation for cleaning/disinfection concerns
Guests may cancel free of charge and receive a full refund if, upon inspecting the vehicle at trip start, they have concerns that it hasn’t been cleaned and disinfected. Guests are only eligible for a full refund if they: do not accept the vehicle, do not check in for the trip, and immediately contact EVA to report the issue.
Partial refund: Cancellations outside the free period and guest no-shows
Cancellations outside the free period
If a guest wants to cancel a booked trip, we encourage them to notify the EVA as soon as possible through the EVA website or app. We’ll issue a partial refund to guests who cancel in this manner and do not fall within the free cancellation period. For canceled trips that are longer than two days, we’ll refund the guest the trip price and trip fee minus the average of one day’s cost, the protection plan, and half of any delivery fee. For canceled trips that are two days or shorter, we’ll refund the guest the trip price and trip fee minus half the average of one day’s cost, the protection plan, any Extras, and half of any delivery fee.
Guest no-show
If a guest fails to cancel and doesn’t show up for the trip within 30 minutes of the trip’s scheduled start time, it’s a guest no-show. If a guest has booked a trip, has not canceled their trip, and does not show up for 12 hours after the trip’s scheduled start time, it’s a guest no-show. A guest who shows up to a trip with no license, with an invalid license, or who sends their additional driver in their place is also a guest no-show. EVA will cancel guest no-show trips, and we’ll issue the guest a partial refund. For no-show trips that are longer than two days, we’ll refund the guest their trip price and trip fee minus the average of two days’ cost, the protection plan, any Extras, any young driver fee, and half of any delivery fee. For no-show trips that are two days or shorter, we’ll refund the guest their trip price and trip fee minus the average of 75% of one day’s cost, the protection plan, any Extras, any young driver fee, and half of any delivery fee.
Exceptions
Exceptions to the guest refund amounts for cancellations outside the free period and for no-shows may apply in the event of a flight delay, flight cancellation, lost baggage issue (see below).
No refund: Early returns
Early returns
There are no credits/refunds issued for early returns except when the guest has submitted a trip modification request to shorten their trip and the host has accepted through the EVA website or app.
Guest trips canceled by EVA
Guest trips canceled by host and host no-shows
If a EVA cancels a guest’s trip or is a no-show — that is, hasn’t canceled and doesn’t show up within 30 minutes of the scheduled trip start — EVA will refund the guest in full. Funds from the canceled or no-show trip will be available for 24 hours after the cancellation so a guest can rebook their trip. Customer Support is available to help guests rebook during business hours for UK guests. If the funds remain unused after 24 hours, we’ll automatically issue a full refund. Guests who don’t want to rebook and don’t want to wait 24 hours for EVA to issue a refund can initiate their refund as per the instructions in the cancellation email.
In some cases, EVA trust and safety team will cancel a guest’s booked trip. If that were to happen, EVA will contact the guest, and issue the guest a full refund. In these instances, Customer Support is available to help guests rebook 24/7 (US and Canada) and during business hours for UK guests.
Guest trips impacted by flight delays, flight cancellations, or lost baggage
Flight delays or flight cancellations
If a guest’s flight is delayed or canceled, they must contact EVA and to request a trip modification for a new start time. Specifically, guests must notify the EVA of the flight delay or cancellation at least one hour before the scheduled EVA trip start time. They must provide documentation, such as a screenshot from the airline mobile app or website, that shows the flight issue. The guest must notify EVA of a flight delay or cancellation within at least 24 hours of the trip’s scheduled start time to be eligible to benefit from this cancellation policy. If the guest’s flight is canceled/delayed more than three days in advance of the trip start time, this policy does not apply.
Lost baggage delays
If the guest experiences a lost baggage delay, EVA will issue the guest a full refund if they’ve messaged EVA and provided documentation. Specifically, they must notify EVA no later 30 minutes after the scheduled trip start time, notify EVA of the lost baggage delay within 24 hours, and provide photo evidence of a baggage issue.
EVA Vehicle Terms of Service
Privacy policy
Last revised: January 19, 2023
EVA and its subsidiaries (collectively, “EVA”, “we”, or “us”) care about privacy and want you to be familiar with how we collect, use, process, and disclose your personal information. This Privacy Policy describes our privacy practices in connection with our websites and applications that link to this Privacy Policy (collectively, the “Services”) and our offline interactions with you in settings where we post this Privacy Policy.
· Personal information we collect
· How we use your personal information
· How we disclose your personal information
· Security
· Other important information
· Changes to this privacy policy
· Contact
· Information for California residents
· Information for users in the United Kingdom and Europe
Personal information we collect
We collect three categories of personal information – personal information you give us; personal information automatically collected from your use of the Services; and personal information from third-party sources.
Personal information you give us
Account data. When you register with us, we require certain personal information to open your account, such as your name, email address, and password.
Profile data. We may also ask you to provide additional profile information to use certain features of the Services which may include street addresses, phone numbers, driver’s license number, date of issuance and issuing country and/or state, profile photos, employer, city, school, biography, and date of birth. Certain parts of your profile (like your profile photos, employer, city, school, and biography) are part of your public profile page and will be publicly visible to others.
Vehicle data. We collect information you provide in relation to a vehicle such as vehicle listing details, vehicle identification number (VIN), availability dates, reviews, and uploaded trip photos.
Payment data. We collect your digital payment details, bank account or payment card numbers, and transaction information in connection with a potential or actual transaction, which may be processed and stored by one or more third party payment service providers or digital payments companies.
Identity verification data. In some instances, we may collect identity verification information such as a photograph or scanned copy of a driver’s license, passport, national ID card, or payment card, last four digits of your Social Security number, social insurance number, social media account information, driver’s/motor vehicle record, insurance information, or other forms of identification information. Where we request that you withhold certain information (such as obscuring or redacting aspects of identification information), please do so.
Communications. When you communicate with EVA, including via phone, email, or chat, or use the Services to communicate with other users, we collect information about your communication and any information you choose to provide.
Personal information we automatically collect.
Usage data. We collect information about your interactions with the Services, such as the pages or other content you view, your searches, bookings you have made, how long you spent on a page or screen, sites from which you link or browse to in the Services, navigation paths between pages or screens, information about your activity on a page or screen, access time, duration of access, and other actions on the Services.
Location data. When you use certain features of the Services, we may collect information about your approximate location (e.g., city/town associated with your IP address). When you opt in to use our location sharing feature, we may collect the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.
Device data. We collect information about your computer or mobile device, such as its operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique device identifiers, or general location information such as city, state, or geographic area.
Trip data. We may collect transactional information related to the trips you take through the Services, including the date and time of your trip, amounts charged, and other related trip details.
In-vehicle device data. We may remotely collect certain information about the vehicle’s GPS location, car battery voltage, fuel level, odometer reading, malfunction indicator lamp (e.g., a check engine light), door state (e.g., locked/unlocked), engine state (e.g., stopped/running).
Cookies and similar technology. When you access the Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively “Cookies”).
Personal information we collect from third-party sources.
Third-party services. If you choose to log in to our Services through a third-party site or service (e.g., Apple, Facebook, or Google), the third-party service may send us information. The information we may receive varies by service and is controlled by the relevant service. By associating an account managed by a third party with EVA account and authorizing EVA to have access to this information, you agree that EVA may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your information. Please refer to the privacy policies of those third parties to understand how they use and share your personal information.
Third-party in-vehicle devices. A vehicle you book through the Services, includes an in-vehicle device or system operated by a third-party service (including vehicle manufacturers) or installed by EVA, EVA or service may record information about your use of the car. These devices or systems may monitor the car’s condition, performance and operation, track fuel consumption, distance traveled, location, and other information. EVA and/or third-party service will be solely responsible for its use of such information but may disclose such information to EVA, which we will use in accordance with this Privacy Policy.
Background check services. To the extent permitted by applicable laws, EVA may collect background information about you from public records, background check providers, or other screening services, including credit reports and information about criminal convictions or from sex offender registries. We may use your information, including your full name and date of birth, to obtain such reports.
Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, fraud detection information, or data from credit bureaus and other third-party data providers.
We may combine the information about you that we receive from third-party sources with other information we have about you.
How we use your personal information
We use, store, and process your personal information to provide and improve the Services and for security and safety purposes. For example, we may use your information:
To provide the Services, including to:
· Provide and operate the Services
· Provide customer support
· Send you service, support, and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you at any telephone number, by placing a voice call or through text (SMS) or email messaging
· Facilitate your login to the Services via third-party identity and access management providers, such as Facebook, Google, and Apple
· Process transactions and send notices about your transactions
· Personalize or customize your user experience
· Enable you to communicate with EVA, including by sending us messages or other information during the booking process
· Facilitate your referral invitations
· Send your requests for reviews, for fraud detection and prevention, and for any purpose you authorize at the time of collection
· Administer referral programs, rewards, surveys, contests, or other promotional activities or sponsored events in which you participate
For research and development:
We may use your personal information to analyze and improve the Services and to develop new products and services, including by studying our user demographics of the Services. We may also create aggregated, de-identified, or other anonymous data from your personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
For marketing and advertising:
We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
Direct marketing. We may send you EVA-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the section below.
Interest-based advertising. We may contract with third party advertising and social media companies to display ads on the Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data, and/or geolocation data described above) over time across our Services and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. For security and safety, including to:
· Verify your identity or authenticate information that you provide, including during account creation
· Resolve disputes, collect fees, and troubleshoot problems
· Detect, prevent, and/or remediate fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities
· Determine your likelihood of getting into an accident or of making an insurance claim, such as by checking your auto insurance score
· Using information from your mobile or in-vehicle device to identify unsafe driving behavior, including speeding or harsh braking and acceleration, and to raise awareness regarding such behaviors
· Manage and protect our information technology infrastructure
· Conduct investigations and risk assessments
· Conduct checks against databases and information sources (such as but not limited to public government databases)
· Perform creditworthiness and solvency checks
To comply with law:
We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.
With your consent:
In some cases, we may specifically ask for your consent to process your personal information.
We may also use your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.
How we disclose your personal information
With your consent
We may share your information at your direction or with your consent.
Profiles, listings, and other public information
Your public listing page on the Services will always include some basic information, such as your user ID or name associated with your account, your public profile photo, and for hosts, the city where your car is located, your listing description, your calendar availability, transaction related information to allow our community to evaluate your reliability and responsiveness, and reviews or feedback about you. Your public listing page may also include aggregate demand information (such as number of page views over a period of time) and information about your cancellations. The Services may also display the approximate geographic pick-up location of your vehicle.
The Services allow your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages may be indexed by search engines and may be published as search results.
Sharing between EVA and guests
If you agree to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, EVA may provide your mobile phone number to facilitate communication, your driver’s license information to confirm license validity, or your photograph to facilitate identification. We will also share the address of the vehicle and, if applicable, the proposed delivery location with the other party.
Service providers
We may share information with vendors and service providers who support the operation of the Services and business and who need access to such information to carry out their work for us (including, for example, web hosting, analytics, payment processing, email delivery, marketing, insurance, claims administration, and customer support services). In some cases, the service provider may directly collect the information from you on our behalf. For hosts who choose to use our photography program, your contact information will be shared with the photographer assigned to shoot your vehicle. These service providers may use your personal information only as directed or authorized by us.
Third-party platforms and social media networks
If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third party, providing your API key or similar access token for the Services to a third party, or otherwise linking your Services account to a third-party’s services), we may disclose to the third-party platform or social media network the personal information necessary to facilitate the connection or that you authorized us to share. We do not control the third party’s use of your personal information.
Professional advisors
We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
Business transfers
We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.
Responding to legal requests, preventing harm, and protecting our rights
We may disclose your personal information to courts, law enforcement, governmental or tax authorities, or third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or where we consider such disclosure is reasonably necessary to comply with our legal obligations or legal process, to respond to claims asserted against us, and for the security and safety purposes described above. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose EVA, you, or any other user, or to protect the rights, property, or personal safety of EVA, or others.
We may also disclose your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.
Account closure
If you wish to close your account and request deletion of your personal information, please send an email to [email protected].
Location data
Users of our mobile application can disable the application’s access to the device’s location within the device’s settings.
Interest-based advertising choices
Your choices for limiting use of your personal information for interest-based advertising include:
Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device (e.g., Apple ID for Advertising or Google Advertising ID) for interest-based advertising purposes.
Using privacy plug-ins or browsers. You can block sites from setting cookies for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.
Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies (but note we may work with companies that do not participate in these programs):
· European Interactive Digital Advertising Alliance (for users in the United Kingdom and Europe)
· Digital Advertising Alliance (for web users)
· Digital Advertising Alliance (for mobile app users)
· Network Advertising Initiative
Choosing not to share your personal information
Where we may be required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or we later delete it at your request), we may not be able to provide you with the Services.
Third-party platforms and social media networks
If you choose to connect the Services to a third-party platform or social media network, such as by using the third party’s authentication service to log into your account on the Services, you may be able to control your settings through the third-party platform or social media network. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.
Security
We employ a number of technical, physical, and organizational measures designed to protect information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmitting or storing information can be 100% secure and we cannot guarantee the security of your personal information.
Other important information
Cross border transfer
The Services are controlled and operated from the United States. Your personal information may be used, stored, and processed in any country where we have facilities or in which we engage service providers. These locations may be outside of your state, province, or country of residence, and may have different and/or less protective data protection rules than those of your state, province, or country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities, or law enforcement in those jurisdictions according to the laws in those jurisdictions.
Sensitive information
We ask that you not send us, and you not disclose, any sensitive information (e.g., Social Security numbers, social insurance numbers, passports, information related to racial or ethnic origin, or health) on or through the Services or otherwise to us unless specifically requested.
Children
The Services are not intended for anyone under the age of 18 and we do not knowingly collect personal information from users under the age of 18. If a child under the age of 18 has already provided us with personal information, his or her parent or guardian may contact us to request that we delete it.
Third-party privacy practices
This Privacy Policy addresses only the use and disclosure of information collected by EVA. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.
Translations
Where EVA has provided you with a version of this Privacy Policy in a language other than English, in case of any wording discrepancies between such version and the English version, the English wording takes precedence.
Changes to this privacy policy
We may change this Privacy Policy. Please take a look at the “Last revised” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services or as otherwise indicated. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us to close your account.
Contact
EVA welcomes your questions and comments about privacy. Please feel free to contact us at our email address at [email protected].
Information for California residents
Scope. This section applies only to California residents entitled to receive the information in this section under the California Consumer Privacy Act of 2018 (“CCPA“). It describes how we collect, use, and share Personal Information of California residents when we act as a “business” as defined under the CCPA, and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information excluded from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.
Your California privacy rights.
As a California resident, you have the rights listed below.
Information. You can request the following information about how we have collected and used your Personal Information:
· The categories of Personal Information that we have collected
· The categories of sources from which we collected Personal Information
· The business or commercial purpose for collecting Personal Information
· The categories of third parties with whom we share Personal Information
· Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient
· Whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can request that we delete the Personal Information that we have collected from you.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of any unlawful denial of service, increase in the price of services, decrease in service quality, or suggestion that you may be penalized for exercising your rights.
We do not sell your Personal Information
Based on our understanding of the term “sell” under the CCPA, we do not sell personal information to third parties and have not sold Personal Information during the twelve months preceding the “last revised” date of this Privacy Policy. However, like many companies online, we use services provided by Google, Facebook, and others that help deliver interest-based ads to you. We describe how you can opt-out of use of your Personal Information for interest-based advertising.
How to exercise your rights
You can request to exercise your information, access, and deletion rights by contacting us at [email protected].
We may decline your request where required or permitted by law. We will need to confirm your identity to process your requests and we reserve the right to confirm your California residency as well. Government identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You should transmit your government-issued identification or any other sensitive information to us only as instructed. Email is not a secure means of communication and you should not email your government-issued identification or any other sensitive information to us.
Personal information that we collect, use, and share
Information for users in the United Kingdom and Europe
The information in this section applies only to individuals in the United Kingdom and the European Economic Area (“Europe”).
Personal information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller. EVA is the controller of your personal information covered by this Privacy Policy for purposes of data protection legislation in the United Kingdom and Europe.
Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. If you have questions about the legal basis of how we process your personal information, please contact us at https://evaww.com/
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.
Retention. We may retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax, or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your rights.
The data protection laws of the United Kingdom and Europe give you certain rights regarding your personal information. If you are located in the United Kingdom or Europe, you may ask us to take the following actions in relation to your personal information that we hold:
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine‐readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You may submit these requests by email to [email protected].
We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us at [email protected] or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross‐Border Data Transfer
If we transfer your personal information from Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so, for example, by implementing the standard contractual clauses adopted by the European Commission. Similarly, if we transfer your personal information from the United Kingdom to a country outside of the United Kingdom such that we are required to apply additional safeguards to your personal information under data protection laws of the United Kingdom, we will do so, for example, by implementing the applicable standard contractual clauses. Please contact us at [email protected] for further information about any such transfers or the specific safeguards applied.
Thanks for using EVA!
Last revised: January 19, 2023
EVA and its subsidiaries (collectively, “EVA”, “we”, or “us”) care about privacy and want you to be familiar with how we collect, use, process, and disclose your personal information. This Privacy Policy describes our privacy practices in connection with our websites and applications that link to this Privacy Policy (collectively, the “Services”) and our offline interactions with you in settings where we post this Privacy Policy.
· Personal information we collect
· How we use your personal information
· How we disclose your personal information
· Security
· Other important information
· Changes to this privacy policy
· Contact
· Information for California residents
· Information for users in the United Kingdom and Europe
Personal information we collect
We collect three categories of personal information – personal information you give us; personal information automatically collected from your use of the Services; and personal information from third-party sources.
Personal information you give us
Account data. When you register with us, we require certain personal information to open your account, such as your name, email address, and password.
Profile data. We may also ask you to provide additional profile information to use certain features of the Services which may include street addresses, phone numbers, driver’s license number, date of issuance and issuing country and/or state, profile photos, employer, city, school, biography, and date of birth. Certain parts of your profile (like your profile photos, employer, city, school, and biography) are part of your public profile page and will be publicly visible to others.
Vehicle data. We collect information you provide in relation to a vehicle such as vehicle listing details, vehicle identification number (VIN), availability dates, reviews, and uploaded trip photos.
Payment data. We collect your digital payment details, bank account or payment card numbers, and transaction information in connection with a potential or actual transaction, which may be processed and stored by one or more third party payment service providers or digital payments companies.
Identity verification data. In some instances, we may collect identity verification information such as a photograph or scanned copy of a driver’s license, passport, national ID card, or payment card, last four digits of your Social Security number, social insurance number, social media account information, driver’s/motor vehicle record, insurance information, or other forms of identification information. Where we request that you withhold certain information (such as obscuring or redacting aspects of identification information), please do so.
Communications. When you communicate with EVA, including via phone, email, or chat, or use the Services to communicate with other users, we collect information about your communication and any information you choose to provide.
Personal information we automatically collect.
Usage data. We collect information about your interactions with the Services, such as the pages or other content you view, your searches, bookings you have made, how long you spent on a page or screen, sites from which you link or browse to in the Services, navigation paths between pages or screens, information about your activity on a page or screen, access time, duration of access, and other actions on the Services.
Location data. When you use certain features of the Services, we may collect information about your approximate location (e.g., city/town associated with your IP address). When you opt in to use our location sharing feature, we may collect the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.
Device data. We collect information about your computer or mobile device, such as its operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique device identifiers, or general location information such as city, state, or geographic area.
Trip data. We may collect transactional information related to the trips you take through the Services, including the date and time of your trip, amounts charged, and other related trip details.
In-vehicle device data. We may remotely collect certain information about the vehicle’s GPS location, car battery voltage, fuel level, odometer reading, malfunction indicator lamp (e.g., a check engine light), door state (e.g., locked/unlocked), engine state (e.g., stopped/running).
Cookies and similar technology. When you access the Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively “Cookies”).
Personal information we collect from third-party sources.
Third-party services. If you choose to log in to our Services through a third-party site or service (e.g., Apple, Facebook, or Google), the third-party service may send us information. The information we may receive varies by service and is controlled by the relevant service. By associating an account managed by a third party with EVA account and authorizing EVA to have access to this information, you agree that EVA may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your information. Please refer to the privacy policies of those third parties to understand how they use and share your personal information.
Third-party in-vehicle devices. A vehicle you book through the Services, includes an in-vehicle device or system operated by a third-party service (including vehicle manufacturers) or installed by EVA, EVA or service may record information about your use of the car. These devices or systems may monitor the car’s condition, performance and operation, track fuel consumption, distance traveled, location, and other information. EVA and/or third-party service will be solely responsible for its use of such information but may disclose such information to EVA, which we will use in accordance with this Privacy Policy.
Background check services. To the extent permitted by applicable laws, EVA may collect background information about you from public records, background check providers, or other screening services, including credit reports and information about criminal convictions or from sex offender registries. We may use your information, including your full name and date of birth, to obtain such reports.
Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, fraud detection information, or data from credit bureaus and other third-party data providers.
We may combine the information about you that we receive from third-party sources with other information we have about you.
How we use your personal information
We use, store, and process your personal information to provide and improve the Services and for security and safety purposes. For example, we may use your information:
To provide the Services, including to:
· Provide and operate the Services
· Provide customer support
· Send you service, support, and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you at any telephone number, by placing a voice call or through text (SMS) or email messaging
· Facilitate your login to the Services via third-party identity and access management providers, such as Facebook, Google, and Apple
· Process transactions and send notices about your transactions
· Personalize or customize your user experience
· Enable you to communicate with EVA, including by sending us messages or other information during the booking process
· Facilitate your referral invitations
· Send your requests for reviews, for fraud detection and prevention, and for any purpose you authorize at the time of collection
· Administer referral programs, rewards, surveys, contests, or other promotional activities or sponsored events in which you participate
For research and development:
We may use your personal information to analyze and improve the Services and to develop new products and services, including by studying our user demographics of the Services. We may also create aggregated, de-identified, or other anonymous data from your personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
For marketing and advertising:
We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
Direct marketing. We may send you EVA-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the section below.
Interest-based advertising. We may contract with third party advertising and social media companies to display ads on the Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data, and/or geolocation data described above) over time across our Services and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. For security and safety, including to:
· Verify your identity or authenticate information that you provide, including during account creation
· Resolve disputes, collect fees, and troubleshoot problems
· Detect, prevent, and/or remediate fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities
· Determine your likelihood of getting into an accident or of making an insurance claim, such as by checking your auto insurance score
· Using information from your mobile or in-vehicle device to identify unsafe driving behavior, including speeding or harsh braking and acceleration, and to raise awareness regarding such behaviors
· Manage and protect our information technology infrastructure
· Conduct investigations and risk assessments
· Conduct checks against databases and information sources (such as but not limited to public government databases)
· Perform creditworthiness and solvency checks
To comply with law:
We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.
With your consent:
In some cases, we may specifically ask for your consent to process your personal information.
We may also use your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.
How we disclose your personal information
With your consent
We may share your information at your direction or with your consent.
Profiles, listings, and other public information
Your public listing page on the Services will always include some basic information, such as your user ID or name associated with your account, your public profile photo, and for hosts, the city where your car is located, your listing description, your calendar availability, transaction related information to allow our community to evaluate your reliability and responsiveness, and reviews or feedback about you. Your public listing page may also include aggregate demand information (such as number of page views over a period of time) and information about your cancellations. The Services may also display the approximate geographic pick-up location of your vehicle.
The Services allow your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages may be indexed by search engines and may be published as search results.
Sharing between EVA and guests
If you agree to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, EVA may provide your mobile phone number to facilitate communication, your driver’s license information to confirm license validity, or your photograph to facilitate identification. We will also share the address of the vehicle and, if applicable, the proposed delivery location with the other party.
Service providers
We may share information with vendors and service providers who support the operation of the Services and business and who need access to such information to carry out their work for us (including, for example, web hosting, analytics, payment processing, email delivery, marketing, insurance, claims administration, and customer support services). In some cases, the service provider may directly collect the information from you on our behalf. For hosts who choose to use our photography program, your contact information will be shared with the photographer assigned to shoot your vehicle. These service providers may use your personal information only as directed or authorized by us.
Third-party platforms and social media networks
If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third party, providing your API key or similar access token for the Services to a third party, or otherwise linking your Services account to a third-party’s services), we may disclose to the third-party platform or social media network the personal information necessary to facilitate the connection or that you authorized us to share. We do not control the third party’s use of your personal information.
Professional advisors
We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
Business transfers
We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.
Responding to legal requests, preventing harm, and protecting our rights
We may disclose your personal information to courts, law enforcement, governmental or tax authorities, or third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or where we consider such disclosure is reasonably necessary to comply with our legal obligations or legal process, to respond to claims asserted against us, and for the security and safety purposes described above. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose EVA, you, or any other user, or to protect the rights, property, or personal safety of EVA, or others.
We may also disclose your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.
Account closure
If you wish to close your account and request deletion of your personal information, please send an email to [email protected].
Location data
Users of our mobile application can disable the application’s access to the device’s location within the device’s settings.
Interest-based advertising choices
Your choices for limiting use of your personal information for interest-based advertising include:
Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device (e.g., Apple ID for Advertising or Google Advertising ID) for interest-based advertising purposes.
Using privacy plug-ins or browsers. You can block sites from setting cookies for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.
Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies (but note we may work with companies that do not participate in these programs):
· European Interactive Digital Advertising Alliance (for users in the United Kingdom and Europe)
· Digital Advertising Alliance (for web users)
· Digital Advertising Alliance (for mobile app users)
· Network Advertising Initiative
Choosing not to share your personal information
Where we may be required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or we later delete it at your request), we may not be able to provide you with the Services.
Third-party platforms and social media networks
If you choose to connect the Services to a third-party platform or social media network, such as by using the third party’s authentication service to log into your account on the Services, you may be able to control your settings through the third-party platform or social media network. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.
Security
We employ a number of technical, physical, and organizational measures designed to protect information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmitting or storing information can be 100% secure and we cannot guarantee the security of your personal information.
Other important information
Cross border transfer
The Services are controlled and operated from the United States. Your personal information may be used, stored, and processed in any country where we have facilities or in which we engage service providers. These locations may be outside of your state, province, or country of residence, and may have different and/or less protective data protection rules than those of your state, province, or country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities, or law enforcement in those jurisdictions according to the laws in those jurisdictions.
Sensitive information
We ask that you not send us, and you not disclose, any sensitive information (e.g., Social Security numbers, social insurance numbers, passports, information related to racial or ethnic origin, or health) on or through the Services or otherwise to us unless specifically requested.
Children
The Services are not intended for anyone under the age of 18 and we do not knowingly collect personal information from users under the age of 18. If a child under the age of 18 has already provided us with personal information, his or her parent or guardian may contact us to request that we delete it.
Third-party privacy practices
This Privacy Policy addresses only the use and disclosure of information collected by EVA. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.
Translations
Where EVA has provided you with a version of this Privacy Policy in a language other than English, in case of any wording discrepancies between such version and the English version, the English wording takes precedence.
Changes to this privacy policy
We may change this Privacy Policy. Please take a look at the “Last revised” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services or as otherwise indicated. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us to close your account.
Contact
EVA welcomes your questions and comments about privacy. Please feel free to contact us at our email address at [email protected].
Information for California residents
Scope. This section applies only to California residents entitled to receive the information in this section under the California Consumer Privacy Act of 2018 (“CCPA“). It describes how we collect, use, and share Personal Information of California residents when we act as a “business” as defined under the CCPA, and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information excluded from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.
Your California privacy rights.
As a California resident, you have the rights listed below.
Information. You can request the following information about how we have collected and used your Personal Information:
· The categories of Personal Information that we have collected
· The categories of sources from which we collected Personal Information
· The business or commercial purpose for collecting Personal Information
· The categories of third parties with whom we share Personal Information
· Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient
· Whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can request that we delete the Personal Information that we have collected from you.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of any unlawful denial of service, increase in the price of services, decrease in service quality, or suggestion that you may be penalized for exercising your rights.
We do not sell your Personal Information
Based on our understanding of the term “sell” under the CCPA, we do not sell personal information to third parties and have not sold Personal Information during the twelve months preceding the “last revised” date of this Privacy Policy. However, like many companies online, we use services provided by Google, Facebook, and others that help deliver interest-based ads to you. We describe how you can opt-out of use of your Personal Information for interest-based advertising.
How to exercise your rights
You can request to exercise your information, access, and deletion rights by contacting us at [email protected].
We may decline your request where required or permitted by law. We will need to confirm your identity to process your requests and we reserve the right to confirm your California residency as well. Government identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You should transmit your government-issued identification or any other sensitive information to us only as instructed. Email is not a secure means of communication and you should not email your government-issued identification or any other sensitive information to us.
Personal information that we collect, use, and share
Information for users in the United Kingdom and Europe
The information in this section applies only to individuals in the United Kingdom and the European Economic Area (“Europe”).
Personal information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller. EVA is the controller of your personal information covered by this Privacy Policy for purposes of data protection legislation in the United Kingdom and Europe.
Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. If you have questions about the legal basis of how we process your personal information, please contact us at https://evaww.com/
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.
Retention. We may retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax, or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your rights.
The data protection laws of the United Kingdom and Europe give you certain rights regarding your personal information. If you are located in the United Kingdom or Europe, you may ask us to take the following actions in relation to your personal information that we hold:
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine‐readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You may submit these requests by email to [email protected].
We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us at [email protected] or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross‐Border Data Transfer
If we transfer your personal information from Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so, for example, by implementing the standard contractual clauses adopted by the European Commission. Similarly, if we transfer your personal information from the United Kingdom to a country outside of the United Kingdom such that we are required to apply additional safeguards to your personal information under data protection laws of the United Kingdom, we will do so, for example, by implementing the applicable standard contractual clauses. Please contact us at [email protected] for further information about any such transfers or the specific safeguards applied.
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