Effective as of February 14, 2025.
This Privacy Policy (the “Privacy Policy”) applies to the Underway: NYC Subway Transit mobile application (the “App”) and our website located at https://www.underway.nyc/ (the “Website”), owned and operated by Sincere Labs NYC, Inc. (“Sincere Labs”, “Sincere Labs NYC” “Underway”, “Underway NYC”, “we”, “us”, or “our”). We have created this Privacy Policy to tell you what information the App and our Website collect, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning stated in our Terms of Use. By visiting and/or using our App, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.
Information We Collect or Receive. In the course of operating the App, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.
Personal Information. We do not require you to provide any personal information to use our services. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means such as when you sign up to become a user. When you sign up to become a user or contact us, you will be required to provide us with Personal Information about yourself, which may include your name, email address, physical address, and phone number (collectively, the “Personal Information”). We do not collect any Personal Information from you when you use the App unless you provide us with the Personal Information voluntarily.
Third-party Log In. If you sign in through third-party log ins (such as Apple or Google), you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that such third party would provide to us through its Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, third-party username, profile picture, headline, unique identifier and access token, and email address. If you sign in through third-party log ins, you should be aware of the privacy policies of these third-parties. The privacy policy for Google is available at https://policies.google.com/privacy. The privacy policy for Apple is available at https://www.apple.com/legal/privacy.
Payment Information. We do not directly collect any Payment Information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you may be required to provide your Payment Information. Such Payment Information will be collected and processed by the relevant third-party such as Apple AppStore or Google Play under the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.
Geolocational Information. Our “Locate Me” feature is offered as a convenience and is not required to use the app. Location data is queried to locate your nearest station when you load the app and when you click on the “Locate Me” button. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect Geolocational Information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you. Access to your Geolocational Information can be revoked at any time under privacy settings. If such access is granted to the app, Google Ads, Firebase, or Mixpanel, may transmit your location off your device. Your location is not sent to our servers.
Third-Party Analytics. The App collects aggregate, anonymous statistics, such as the percentage of users who use features. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile and Internet usage, to enable us to provide better service. These third parties use cookies and other technologies to help analyze and provide us the data. Our ad partner is Google’s AdMob, and their privacy policy is available at https://policies.google.com/privacy. Our analytics partner on iOS is Mixpanel, and their privacy policy is available at https://mixpanel.com/legal/privacy-policy/. Our analytics partner on Android is Firebase, and their privacy policy is available at https://firebase.google.com/support/privacy/. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the URLs linked herein. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the App.
Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”). Such Other Information may include:
From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
From Your Activity. We may collect or receive information regarding:
IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
Browser type and language;
Referring and exit pages and URLs;
Date and time; and
Details regarding your activity on the App, such as search queries and other performance and usage data.
About Your Mobile Device. We may collect or receive information regarding:
Type of mobile device;
Advertising Identifier (“IDFA” or “AdID”);
Operating system and version (e.g., iOS, Android, or Windows);
Carrier; and
Network type (Wi-Fi, 3G, 4G, LTE).
From Cookies. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including:
To identify type of mobile device;
Personalize your experience;
Analyze which portions of the App are visited and used most frequently; and
Measure and optimize advertising and promotional effectiveness.
If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.
Information Collected by or Through Third-Party Advertising Companies. We may share Other Information about your activity on the App with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads)). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
How to Out of Third-Party Interest-Based Advertising.If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile devices can follow the below instructions:
Android Users
For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
iOS Users
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
iOS 6: Go to your Settings > Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.
How Information is Used and Shared.
Except as provided herein, as a matter of policy we don’t share, sell, trade, or give any collected information, unless required by law.
You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
Provide and improve our App;
Provide our services;
Administer our promotional programs;
Solicit your feedback; and
Inform you about our products and services.
In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only to the extent necessary to perform their functions and to the extent permitted by law.
In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business, and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets. If our services are acquired by or merged with another company, we’ll notify you via this page before any information is transferred and becomes subject to a different privacy policy.
To the extent permitted by law, we may also disclose the Information:
When required by law, court order, or other government or law enforcement authority or regulatory agency; or
Whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
Accessing and Modifying Information and Communication Preferences. If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. You can stop all collection of location data easily and at any time by disabling location services in your device’s settings or by uninstalling the App. You can provide anonymous feedback by using an email account that does not reveal your identity and does not include your name. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional emails related to the App (e.g., requests for support).
We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.
How We Protect Your Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
All communication with the App and Website requires HTTPS. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email. Information may be processed, stored, and used outside of the country in which you are located. Data privacy laws vary across jurisdictions, and different laws may be applicable to your data depending on where it is processed, stored, or used. The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App, which may be viewed by others. You must take precautions to protect the security of all Personal Information that you transmit to or through the App, including over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. We are not responsible for circumvention of any privacy settings or security measures contained on the App, for the unauthorized acts of others, or for acts or omissions beyond our reasonable control.
Important Notices to Non-U.S. Residents. The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere. If you are a resident of the European Union, by using the App and providing your information, you authorize us to collect, use, and store your information outside of the European Union.
Important Notices to Residents of California. The California Consumer Privacy Act (“CCPA”) requires us to provide some additional info to California residents, which we explain below. We do not collect or process sensitive personal information about you for the purpose of inferring characteristics about you. We will not disclose Personal Information to a third party for monetary or other valuable consideration without your consent. We only keep your information for as long as we need it to provide the services to you and fulfil the purposes described in our Privacy Policy. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or depersonalise it so that we can't identify you. We do not knowingly 'share' or 'sell' information about users under 16 years of age. We sometimes allow third parties to collect information about you through cookies and similar technologies, or disclose information to them for the purpose of promoting Underway. Under California law, these activities may constitute 'sharing' or 'selling'. In the preceding 12 months, such activities involved collecting: (a) identifiers, such as your IP address, cookie ID or email address; and (b) internet or electronic network activity information; and sharing this information with advertising networks and data analytics providers.
You have the following rights under the CCPA, which you can exercise by contacting us in accordance with this Privacy Policy:
You can submit a verifiable request to find out more about our information practices and for the specific pieces of personal information we have collected about you. You may make this request twice in a 12-month period. We will need to collect information from you so that we can verify your identity, and we will respond within 45 days of receiving a personal information request.
You can correct inaccurate information by updating your profile information in your account.
You can opt-out of 'sharing' or 'sales' of your information.
You can submit a verifiable request for us to delete personal information we have collected from you.
We will not discriminate against you if you exercise your privacy rights.
App Stores; External Websites. Your app store (e.g., Apple AppStore or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-Party Privacy Policy and Terms of Use when visiting any other websites.
Children. The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and: (a) request to review such information; (b) refuse to permit further collection or use of such information; or (c) request that such information be deleted from our records.
Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
How to Contact Us. If you have questions about this Privacy Policy, please email us at [email protected] with “Privacy Policy” in the subject line or mail us at Sincere Labs NYC, 1850 Amsterdam Ave, New York NY, 10031 or call us at (347) 878-7373.
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