By ”User”, we refer to all individuals or entities that access the Platform or Services, whether the user is a member or not.
By ”Member”, we refer to all individuals or entities that are registered on the Platform and has access to certain Services including by not limited to storing data on Goods and entering into a Rental Agreement with another Member.
By “Services”, we refer to the collection of services ParTAG’s Platform hosts including but not limited to storing details and activity history of Goods, displaying such Goods in a public forum, connecting users seeking to rent or borrow tangible goods from one another, facilitating the rental transaction process including reserving goods, providing Rental Agreements, and facilitating the collection of rental fees and credit card processing through a third party payment processing service.
By “Platform”, we refer to all software and hardware provided by ParTAG, including the website www.partag.net including any subdomains, mobile applications for Android and iOS platforms, and ParTAG NFC stickers.
By “Goods”, or “Item” (singular) we refer to any tangible object(s) that are uploaded into the Platform by submitting a photo of the object to be stored by the Platform, whether or not the item is designated to be publicly viewable or not.
By ”Account”, we refer to the private area of the Platform reserved for each member. It is accessible via a password and contains personal information regarding the Member, including her or her Goods, email address, phone number, and zip code.
By “Library of Goods”, we refer to the Goods uploaded to the Platform by a Member, whose details and activities are being stored by the Platform but controlled by the Member.
By ”Owner”, we refer to each Member who uploads at least one tangible item in the Platform by submitting a photo of the item, whether or not the item is public or private, for rent or not, whereas this Member controls the details and activities of the item.
By ”Renter”, we refer to each Member who rents or borrows an item or Goods using any part of the Platform.
By “Borrower,” we refer to each Member who takes temporary possession of Goods from another Member using any part of the Platform.
By ”Rental Agreement”, we refer to the agreement made between the Owner and the Renter, obligating the Owner to temporarily transfer the usage of the Item (object of the contract), and obligating the Renter to pay in exchange an amount, determined in advance or defined by the rental agreement.
By “Rental Price”, we refer to a rental rate expressed as cost in US Dollars per rental duration, either as per day, per week, or per month.
By “Rental Period”, we refer to the total duration of time the Item was temporarily in the possession of the Renter, where a day consists of a period extending from one calendar day to the following, which from time to time may be less than or more than 24 hours. A week is considered a seven calendar day period. A month is considered a calendar month period.
By ”Rental Fee”, we refer to the financial payment made by the Renter to the Owner in order to enjoy usage of the item and includes but is not limited to the Rental Price multiplied by the duration of the rental period, any additional pertinent charges associated with the Renter’s use of the Item, as determined by the Owner, delivery fees, cleaning fees, late fees, damage, or loss assessments.
By “Replacement Value”, we refer to ParTAG’s estimate of the current value of the Item, given its original value when new, years of use, and condition. This value is at the sole discretion of ParTAG and from time to time may be calculated using the Owner’s stated Item value (purchase price) and the year it was made or purchased, such that the Item is calculated to have depreciated annually at a constant rate over a ten (10) year useful life, where the value is $0 at the end of 10 years. ParTAG is not required to use this calculation to determine the Replacement Value under conditions where this calculation would not be appropriate. Such conditions are, but not limited to: 1) if the Item is an antique or collectible, 2) if the Item’s condition when it was rented out was already in an unreasonably damaged or unusable state, 3) if the Item was handcrafted.
By “Borrow” or “Lend” or “Share”, we refer to temporarily transferring the usage of an Item or Goods to another User or Renter, whereby both parties have entered into an understanding with one another on the terms of this temporary transfer of use, and within which ParTAG is not a party to any agreement or understanding.
By ”Post”, we refer to the information published publicly by the Owner advertising an item available for rent or Borrow.
By “Rating”, we refer to individual rating from one to 5 stars and average rating from one to five stars derived from the accumulation of ratings on a Member or Item submitted by a Member.
By “Reviews”, we refer to text submitted by a Member regarding his or her experience using an Item, which may or may not be publicly accessible depending on the public status of the Item.
By ”Reservation Request”, we refer to the request made by a Renter to the Owner to rent his or her Post Item or Goods.
By ”Acceptance of the Reservation Request”, we refer to the online acceptance by the Owner of a Reservation Request made by a Renter, and the concurrent creation of an effective contract between the Owner and the Renter for a particular rental Item or Goods.
By “Personal Information”, we refer to any personally identifiable information collected through the Platform about the Member, including but not limited to the Member’s name, email address, address, and telephone number.
By “Pick Up Location”, we refer to the address provided by the Owner when an Item is uploaded to the ParTAG Platform, where the Item will be picked up by Renters.
By “Content”, We refer to Rental Posts, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Platform.
By “ParTAG”, “we”,”us”, “our”, We refer to ParTAG, Inc., its shareholders, officers, directors, agents, subsidiaries, joint ventures or employees, or anyone acting on its behalf.
By “you” or “your”, we refer to Users, Members, Owners, or Renters, as evident in the context of the statement.
We may collect and store information about you when you use the Service. We use the information to fulfill your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.
If you create an Account with ParTAG, we may store and use your full name, photo, zip code, phone number, mailing address, email address, and other information you may provide with your account, including but not limited to:
· Items or Goods You upload to the Platform, including any details you provide including descriptions, photos, prices, and GPS location
· Transactional Information including activities conducted on Your Goods and Goods you Rent or Borrow.
· Search queries
· Correspondence sent to us, including claims and disputes
· other information from your interaction with our Site, Services, Content and advertising, including computer and connection information, statistics on page views, traffic to and from the Site, IP address and standard web log information;
· additional information we ask you to submit to authenticate yourself or if we believe you are violating Site Policies;
· Cookies (to improve navigation by remembering information entered, such as passwords) Cookies are generally small temporary files stored on your hard disk and usually remain only for the duration of your session.
4. Stripe Payment Processing
ParTAG uses a third party payment processor Stripe, Inc.
Owners who wish to rent out Goods must have a valid Stripe account and must agree to Stripe’s Terms of Service (see www.stripe.com) in order to link a bank account to rental transactions conducted through ParTAG. Stripe may collect your name, date of birth, bank name, routing number, account number, social security number and other private information. ParTAG does not handle or store this information and You agree and acknowledge that ParTAG is not a party to the handling, processing or storing of such information and so has no liability whatsoever to any consequences arising out of the handling, storing, or processing of this information.
Renters are asked to provide a method of payment for a rental transaction, which may be a credit card or debit card, options provided by Stripe. In collecting the required information to process a card payment, ParTAG will collect the card holder’s name, billing address, card security identifiers, and expiration date. ParTAG stores the Renter’s credit card billing address as the Member’s mailing address if an account mailing address is not on file. ParTAG passes this information to Stripe for processing and does not store any card numbers, expiration dates, or card security identifiers. As part of the payment processing protocol, Stripe passes back to ParTAG a tokenization of the payment method, which ParTAG stores, such that the Member, the Owner, and ParTAG, may recall this payment method for use in the future.
5. Data We Share
Name and Photo: Your first name and last initial, as well as any photo you submit through the registration process will be publicly displayed as part of your public profile, as well as part of the Item detail, if you choose to make an Item ‘Public’ or if you share or lend out an Item to another Member. In addition, if you provide a review of an item, your profile photo will be displayed along with the review you provided, as part of the public information for a public Item. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by sending ParTAG notification to email@example.com.
GPS Location of Goods: When you upload an Item or Goods into the ParTAG Platform, ParTAG collects the GPS location of the Member at that moment and assigns that GPS location as the home base location of the Item or Goods, unless a Pick Up Location for the Item has been defined, in which case the Pick Up Location serves as the Item’s home base. If this Item is designated as ‘Public’, public displays of this Item will show a one to two (1-2) mile radius of this location, not centered at the Item’s home base location. Renter’s will be provided the City and State for the Pick Up Location upon requesting to rent such item. The full address for the Pick Up Location will be provided to the Renter once he or she receives approval for a reservation request. If the Item as a ParTAG NFC Sticker associated with it, each time the NFC tag is tapped with an NFC enabled device, the new location of the Item is recorded and will be viewable by the Item’s Owner. When an action is made to an Item, such as Lending Out, Renting, or Reporting Lost, the location of the action-taker is recorded as the Item’s new location if no NFC tag is present.
Pick Up Location: If you post Items publicly that are designated to be picked up from an address that you have supplied during the process of uploading your Item to your Library, then your Pick Up Location will be supplied to Renters upon approval by You of a request to rent that Item.
Public Content: The information that you supply through the Service, including your Library of Goods and information about the Goods for Goods whose status are ‘Public’, are intended for public consumption. We may display this information through the Service, share it with businesses, and further distribute it to a wider audience through third party sites and services.
Contacts: You can invite your friends to join the Service by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites to select which friends you want to invite. If you allow us to access your contacts, we will process your invitations making reference to You, as well as store such email addresses for ParTAG marketing purposes. We will not disseminate email addresses to any third parties not affiliated with ParTAG.
Communications: When you sign up for an Account or use certain features, you are opting to receive messages from other ParTAG users, businesses, and ParTAG itself. You can manage some of your messaging preferences through your app settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from ParTAG. We may also track your actions in response to the messages you receive from ParTAG or through the Service. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Service. We may not deliver messages that we believe are objectionable, such as spam messages or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on ParTAG, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.
6. Third parties may receive information about you as follows:
Service Providers: We may rely on third party providers to support or provide some of the services that are available through the Service, such as payment processing and SMS texting. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.
Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, and agents.