Spare5 Privacy Policy

Privacy Policy

Last updated: December 17, 2019

We at Mighty AI, LLC have created this Privacy Policy to inform you about the kinds of identifiable personal information (“Personal Information”) we may collect, how we intend to use and share that information, and how you can correct or change such information when you access or use our Services.

You should read this Privacy Policy in its entirety before submitting any Personal Information so you know how we collect and share your Personal Information.

Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our (i) Mighty AI – Spare5 Terms of Service and Use Agreement and (ii) Mighty AI – Customer Terms of Service. By “Services” in this Privacy Policy, we mean “Services” as they are defined in the Mighty AI Customer Terms and Conditions if you are a Customer (as defined therein) or the “Spare5 Services” as they are defined in the Mighty AI – Spare5 Terms of Service and Use Agreement if you are a Service Provider (as defined therein).

1. The Services

By using our Services, you agree to our collection, storage, use and disclosure of your Personal Information in accordance with this Privacy Policy. Please read this Privacy Policy carefully. If you do not agree to the terms of this Privacy Policy, you may not use our Services.

2. Information Collection

2.1 Information We Collect From You

We collect Personal Information such as your name, image or likeness, phone number, email address and home postal address, and other information, such as your government identification, credit card, PayPal or bank account number and related information.

Some of the times that we may collect your Personal Information include when you are:

  • Creating or updating your Account
  • Sending us an email message or other communication
  • Providing us with your contact information to receive marketing or promotional materials
  • Authorizing the disclosure of your Personal Information to us via third party authentication systems such as Facebook, LinkedIn, and others
  • Using the Spare5 Services to perform Tasks, including communications with third parties

We may also collect other information that you choose to provide. This includes items such as your zip code (on its own), individual preferences related to your Account and demographic information.

2.2 Other Ways We Collect Information

  • Images. We collect images, videos and related image/recording data (e.g., pedestrians, cars, license plates and street signs) taken by from autonomous vehicles sent to us by Customers who would like to use our Services. We also obtain and other images and recordings from a Service Provider to enhance our Services.
  • Site and App Log Data. The Site and App automatically collect information from the computer or mobile device used to access the Site or use the App, such as the date and time you accessed the Site or App, your IP address, the URL you accessed and the referring URL, the operating system you are using and any content you post to the Site. This information is stored and may be disclosed to others and permanently archived for future use.
  • Cookies. As is commonplace on the Internet, we use cookies, a small piece of code that enables Web servers to “identify” visitors, by associating your browser and computer with your use of the Site each time you initiate a session on our websites. The information you provide while using our Services may be stored in these cookies or may be stored on our servers, depending on the information. You may take steps to block or remove cookies from your own computer at any time, but the site may not function properly if you do.
  • Pixel tags. From time to time we may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Sites, emails and other communications that we send to you. A pixel tag can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page or opened the email on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our third party-service providers may use “format sensing” technology, which allows pixel tags to let us know whether you received and opened our email.
  • Third-party web components and Advertising. From time to time we may use third-party web components to display advertising, maps or rich text editors. These third-party advertising partners may set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share this information with third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Mighty AI related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” You may block or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser’s preferences.
  • Location-Based Information. For Service Providers, when you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may also use location information in connection with Fives to verify your compliance with our Mighty AI – Spare5 Terms of Service and Use Agreement.
  • Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Mighty AI does not recognize or respond to browser-initiated DNT signals. For information about “do-not-track”, visit

3. How We Use Your Information

Depending on how you interact with us, we and our third party service providers may also use Personal Information in a variety of ways, including:

3.1 Provide Information and Services You Requested. Mighty AI may use your Personal Information to provide our Services, administer your use of or inquiries about our Services (including your Account, if you are an Account holder), complete your transactions and enable you to enjoy and easily navigate our Services.

3.2 Provide Information and Services Requested by Customers. Mighty AI will use the images provided to us to provide Services to Customers. This allows us to produce training data that helps autonomous vehicle systems to learn how to be aware of precise pedestrian locations and take appropriate actions to preserve human safety.

3.3 Verification. We may also use your Personal Information (and disclose it to third parties) to verify your identity, derive other information about you, for fraud prevention, to enforce the terms of either the Mighty AI – Spare5 Terms of Service and Use Agreement, the Mighty AI – Customer Terms and Conditions and otherwise protect the integrity of our Services, or to verify other information you provided to us.

3.4 Marketing Communications. We may use your Personal Information to contact you with promotional materials and other information that we believe may be of interest to you. We may also use and disclose your Personal Information to third parties to promote and market a Service Provider’s contributions to Customers or to market or promote our Services in general.

3.5 Improve Services: We may use your Personal Information to identify when you’ve logged into the Services, to tell us how you interact with the Services, to track and measure the performance of our Services, to monitor how many visitors use or view our Services, to monitor the effectiveness of our advertising, specifications of the device you use to access the Services and its related components, the pages on our Services you’ve browsed, and other statistics.

3.6 Anonymous and Aggregated Information. We may use and share with third parties your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Site or the App, or other analyses we create. This information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites. Anonymized or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, training, machine learning and any other legally permissible purposes. We may share this information within Mighty AI and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

3.7 Other Uses. We may use your Personal Information for which we have a legitimate interest, such as direct marketing, network and information security, research purposes (including marketing research), fraud prevention, disclosure to affiliated organizations, enforcement of legal claims, and other purposes disclosed to you at the time you provide Personal Information or with your consent.

4. Information that We Share with Third Parties

4.1 Users of Our Services. We may share your Personal Information with a Customer (if you are a Service Provider) or a Service Provider (if you are a Customer) if the sharing of such information is necessary in order to facilitate the completion of a Task or transaction involving you and the Customer or Service Provider, as applicable. Depending on a particular Service Provider’s Task, certain communications may also be shared with a Customer, such as verbal or written communication between a Service Provider and a third party (where we were directed to contact the third party based on the instructions of a particular Task).

4.2 Third Party Service Providers. We may employ third party companies and individuals to facilitate, advertise and promote our Services, to provide part of the Services on our behalf, to perform website-related or App-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s or App’s features) or to assist us in analyzing how the Site, App, and Services are used. These third parties may have access to your Personal Information for the limited purpose of performing these tasks on our behalf, and they are obligated not to disclose or use it for any other purpose.

4.3 Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer and its affiliates and third-party service providers in connection with the transaction or after the transaction.

4.4 Compliance. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may share your information in order to comply with applicable laws and to respond to legal processes, including subpoenas, law enforcement requests, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement. We may also share the information to protect our interests including sharing information with credit risk or fraud protection companies or other third parties to enforce any of our agreements.

5. Your Choices and Opting Out

5.1 General. You have the right to object to and/or opt out of certain uses and disclosures of your Personal Information. Where you have consented to Mighty AI’s processing of your Personal Information, you may withdraw that consent at any time and object to or opt out by following the instructions in Section 8 Questions and Contact Us. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.

5.2 Disclosure to Third Party. Prior to disclosing Personal Information to a third party or processing Personal Information for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, we will endeavor to obtain each Data Subject’s explicit consent (opt-in). Where consent of the Data Subject for the processing of Personal Information is otherwise required by law or contract, we will comply with the law or contract.

5.3 Email and Telephone Communications. An “Unsubscribe” button will be provided at the top or bottom of each email communications sent by Mighty AI so that you can opt-out. Please note that we may also use your Personal Information to contact you with information related to your use of the Services; you may not opt out of these notifications unless otherwise required by law. If you no longer desire to be contacted by us, you must terminate your account, and no longer use the Site, App, and Services. We maintain telephone “do not call” lists and “do not mail” lists as mandated by law. We process requests to be placed on do not mail, do not phone and do not contact lists within 60 days after receipt, or such shorter time as may be required by law.

6. Other Important Information

6.1 Rights of Access, Rectification, Erasure and Restriction. Customers and Service Providers may contact us to request information about whether or not we are processing your Personal Information, how to access, receive (port), amend/update, erase, or restrict processing of your Personal Information. Service Providers have continuous access to their Personal Information via the Site and the App and can directly access and amend their Personal Information. Your requests will be processed in accordance with local laws, including without undue delay and in accordance with any required time frames. Although Mighty AI makes good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including, but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, where the request is manifestly unfounded or excessive, or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will endeavor to provide you with an explanation of why that determination has been made, a contact point for any further inquiries, and any other legally required information. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

6.2 Retention. We retain Personal Information we receive as described in this Privacy Policy for as long as you use our Sites or App or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. We do not undertake any obligation to retain information indefinitely, and may securely dispose of Personal Information without prior notice.

6.3 Security. The security of all Personal Information provided to us is important, and we have taken reasonable steps designed to safeguard and secure the Personal Information we collect from unauthorized access, use or disclosure. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your passwords or Personal Information is no longer secure, please change your password and contact us promptly.

6.4 Links to Other Sites. The Site or App may contain links to websites owned and controlled by third parties (“linked third party”). If you click on any such link, you will be directed to that linked third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that linked third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other websites you visit.

6.5 Our Policy Toward Children. We do not knowingly collect Personal Information from children under 18 years old; nor do we knowingly allow such persons to use our Services. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 18 years old has provided us with Personal Information, we will delete such information from our files.

6.6 International Transfers. You agree that all information, including Personal Information, collected or transmitted to Mighty AI may be transferred, accessed, processed and/or stored anywhere in the world, including but not limited to, United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. We will endeavor to ensure that the international transfers of Personal Information are supported by an adequacy mechanism (where required by law).

7. Revisions to this Privacy Policy

Any information that is collected via the Services or otherwise submitted to Mighty AI in the course of operating its business is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time as we deem necessary and at our sole discretion. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on the Services or by sending you an email or other notification, as required by applicable law, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective.

We encourage you to review this Privacy Policy periodically to be informed regarding how we are using and protecting your information and to be aware of any policy changes. Your continued relationship with us after the posting or notice of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by Mighty AI.

8. Questions and Contacting Us

If after reviewing this Privacy Policy, you would like to submit a request, opt out or you have any questions or privacy concerns (including how to lodge a complaint with the appropriate authority), please write us at:  Mighty AI LLC, Attn: Legal Department, 1455 Market Street, Suite 400, San Francisco, California 94103.