Privacy Policy

Last Updated: January, 2024

Introduction

This Privacy Policy (this “Policy”) for Arrival LLC (hereinafter, “Arrival”, “Company”, “we”, “us”, or “our”) describes how and why we might collect, store, use, and/or share (‘process‘) your information when you use our services, such as when you: (1) visit our website at arrivalxo.com; (2) download and use our mobile applications; (3) use any of our platforms (e.g., websites, apps, etc.), including those of our subsidiaries that contain a link to this Policy; or (4) engage with us in other related ways, including any sales, marketing, or events (collectively, our “Services”).

Questions or concerns? Reading this Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at support@arrivalxo.com.

About this Policy

This Policy explains how we process (e.g., collect, use, disclose and/or protect) personal information when we are acting in the data processing role or capacity of a Controller (as defined below). This Policy applies to personal information relating to: (i) individuals who are registered users of our Services (“Users”); (ii) individuals who are not Users but who visit our platforms (e.g., websites, apps, etc.) and/or who communicate with us (e.g., when submitting a form, contacting us using the contact information on our platforms, etc.) (“Non-Users”); (iii) individuals who are personnel members of, or otherwise associated with, companies who have a business relationship with Arrival to utilize the Services to make their products, goods, and/or other items available to Users (e.g., cannabis dispensary operators) (“Merchants”) and whose personal information is processed in connection with the potential and/or actual business relationship between Arrival and the applicable Merchant (“Merchant Personnel”); and (iv) individuals who are personnel members of, or otherwise associated with, a vendor, service provider or other party whose services Arrival uses to provide its Services (excluding Merchants) and to conduct and administer its business activities (“Service Providers”) and whose personal information is processed in connection with the potential and/or actual business relationship between Arrival and the applicable Service Provider (“Service Provider Personnel”).

Notice to Certain California Individuals: Please note that the disclosures regarding the collection, processing/use and disclosure of personal information of, from or about Merchant Personnel and Service Provider Personnel are subject to and covered by the California Privacy Rights Act of 2020 (“CPRA”); however, at this time, we do not provide our Services in California.

When we are processing personal information in the role or capacity of a processor, Arrival’s processing is subject to the instructions received by Arrival from the appropriate Controller, in which case this Policy will not apply. The term “Controller” means the natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal information.

If you are Merchant Personnel, then your relationship with us is also subject to the contractual agreement(s) (e.g., Merchant Terms of Service or Merchant MSA) between the applicable Merchant and Arrival (or its wholly-owned subsidiaries).

If you are Service Provider Personnel, then your relationship with us is also subject to the contractual agreement(s) between the applicable Service Provider and Arrival.

How We Process Your Personal Information Covered Under this Policy – Users

1. Collection of Personal Information

When you use our Services, we may collect personal information about you. The types of categories or personal information that we may collect about you include:

Information You Provide Directly to Us

You may provide your personal information to us when you use our Services, including when you register with Arrival, search within or place orders through our Services, contact us with inquiries, engage with our chatbot or other similar technology on the platforms or Services, respond to surveys, or otherwise access or use our Services. This information may include:

Personal Identifiers and records information – We may collect and process information such as name, alias, email address, postal or delivery address, account name, phone number, signature, date of birth, or other similar identifiers.
Biometric Information – We may process facial recognition, voiceprint, or other similar data that may be considered biometric data.
Transactional/Commercial Information – When you place an order through our Services, we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, subtotal, photos that you provide to Arrival, or other purchasing or consuming histories or tendencies.
Financial Account or Payment Information – Payment information collected such as bank name, payment method, or other financial information. We use a payment processor that collects your payment information and processes payments made on or through the Services. We obtain limited information about your payment card from our payment processor, such as the last four digits of your card and the expiration date.
Access Credential Information – In connection with your User account, we will process username, password, unique User identification number, etc.
Sensitive Data or Sensitive Personal Information – as these terms are defined under applicable data protection and privacy laws.

Information Received from You as Part of Your Communications

When you use our Services, complete electronic forms, communicate with Transporters or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature and content of your communication; the purpose of the interaction; and the action we took in response to your inquiry or request.

Information Collected Automatically

We also may collect and store certain information about you and your device(s) automatically when you access or use our platforms and Services, including, without limitation, on our websites.

Location Information

When you use the Services, we may collect and store general location information (such as IP address). We may also collect route information and delivery pick-up or drop-off information. If you permit the Services to access location services through the permission system used by your mobile operating system or browser, we may also collect and store the precise location of your device when our apps are running in the foreground or background of your device. This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations on Merchants to you based upon your location, and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or when prompted by our mobile apps. If you choose to disable the location feature this may impact some of your use of our Services (e.g., the Transporter will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations).

Information Collected from Advertising Partners and Analytics Providers

In connection with certain marketing and advertising campaigns, we may collect and process certain information from our advertising providers and analytics providers that is connected or associated with you and linked or connected to your interaction with our campaigns.

Information Collected from Payment Providers

We may collect or receive limited personal information from payment providers in connection with our processing of transactions or orders in connection with our Services.

2. Use of Your Personal Information

To Provide You with the Services

We use your information to provide you the Services.

To Maintain and Improve the Platforms and Services

We use your information for our everyday business operations such as auditing, administration of the Services and business activities, fulfillment, analytics, debugging to identify and repair errors that impair existing intended functionality, conducting internal research for technological development and demonstration, and undertaking activities to verify or maintain the quality or safety of our Platforms and Services. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us enhance offerings for our Merchants. We may process your information, either on an individual level or aggregated with information from or about Users, to analyze trends in the use of our Services and to improve and enhance our Services. We may also use aggregate information about Users and their activities in connection with our Services to provide suggestions or recommendations to Merchants relating to the Merchants’ use of our Services.

To Communicate with You

We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send direct messages, such as chat or text messages to a Transporter, using the telephone number for that Transporter available on the Services, we may use a third-party service provider to monitor and analyze these messages. We may monitor these messages for fraud prevention, to ensure appropriate charging of fees, and for quality and training purposes.

For Account and Network Security Purposes

To keep you secure and safe while using our Services, we may process your personal information, such as your device information, activity information, and other relevant information. We may use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

To Maintain Legal and Regulatory Compliance

Some of our Services may be subject to certain laws and regulations which may require us to process your personal information.

To Enforce Compliance with Our Agreements and Policies

When you access or use our Services, you are bound to our Terms and Conditions and this Policy. To ensure you comply with them, we may process your personal information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We may also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.

To Protect You, Others, and Our Business

We may use your information to protect you, others, and our business, including, without limitation, to comply with the law and to protect against security risks.

For Our Business Purposes

We may use your information for any other purpose disclosed to you at the time we collect the information, or otherwise with your consent.

3. Disclosing Personal Information

We may provide your personal information to third parties as described below:

Service Providers, Contractors or Third Parties

We may provide your information to our service providers and contractors to help provide services to you for certain business purposes. This information may be provided in order for them to provide us services such as payment processing, advertising and marketing services, web analytics, data processing, IT services, customer support, and other services. These service providers or contractors may have access to your personal information to perform services on our behalf.

Transporters, Merchants, or Other Users

To help provide you with our delivery services, we provide your information, including limited personal information (e.g., first and last names, address, phone number (however, your phone number is masked to protect your privacy)) and order details, to the Transporters who complete your requested deliveries. Similarly, we provide information to Merchants to facilitate deliveries, which will include your order information for the Merchant and, depending upon the delivery service (e.g., delivery by a Transporter or delivery by the Merchant), some amount of personal information (e.g., first and last name or first name and last initial, address, phone number, etc.).

To Third Parties when Required or Permitted by Law

We may be required to provide your personal information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.

Corporate Transactions

We may disclose your personal information to third parties in order to participate in, or be the subject of, any sale, merger, acquisition, restructure, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) or other similar transaction(s), in which case we may disclose your personal information to prospective buyers, sellers, advisers or partners and your data may be a transferred asset in a business sale.

With Your Consent or at Your Direction or Instruction

We also may provide your information to third parties with your consent or at your direction.

How We Process Your Personal Information Covered Under this Policy – Non-Users

In connection with our Services, we may process personal information about Non-Users, which can occur when a Non-User is visiting our platforms or or communicating with us (e.g., sending us an email through the contact information available through our platforms).

Cookies and Other Technologies

We may use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.

We may use first-party and third-party cookies for the following purposes:

To make our Services function properly;
To improve our services;
To recognize you when you return to our platforms and to remember information you have already provided, such as items already in your order cart;
To collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
To provide a secure browsing experience during your use of our Services.

You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services.

Web Beacons

Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our platforms to deliver or communicate with cookies, in order to track and measure the performance of our platforms and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising.

Security

We have implemented administrative, organizational, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any information to us. Additionally, please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords as appropriate, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us at support@arrivalxo.com

Data Retention

Our retention of your personal information may vary based upon the nature of our relationship with you or, as applicable, the company or business with whom you are employed, associated, or connected, and based upon several factors, including without limitation, the following:

The length of time necessary to fulfill the purpose(s) for which we collected the personal information;
When your relationship with us ceases or terminates or when the company or business that you are affiliated, associated, or connected with, ceases to maintain a business relationship with us;
The length of time it is reasonable to keep records to demonstrate that we have fulfilled our business and legal duties and obligations and contractual commitments (as applicable);
Any limitation periods within which claims can be made;
Any retention periods prescribed by law or recommended by regulators, professional bodies, or associations; and
The existence of any relevant legal proceedings.

Third-Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by us. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

Children's Information

Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed personal information to us, please contact us at support@arrivalxo.com. A parent or guardian of a child under age 16may review and request deletion of the child’s personal information. Parents or guardian’s should closely monitor their User accounts to ensure that the accounts are properly used. In connection with our business-to-business relationships, we do not knowingly process any personal information of or about a child. If we become aware that personal information we collected is associated with a minor under 16 years of age, we will delete that personal information.

Your Rights

You may have rights under certain data protection and privacy laws pertaining to our processing of your personal information. These rights are not absolute, meaning that, as permitted under applicable data protection and privacy laws, we may not be obligated to comply with your request and we can limit the frequency of your requests. For all requests, we will need to verify the identity of the data subject and, if applicable, the identity and authority of the person submitting the request on behalf of the data subject. If we are unable to confirm or validate the identity of the data subject and, if applicable, the identity and authority of the requestor if different than the data subject, then we may reject or deny the request. Subject to applicable data protection and privacy laws, you can exercise your rights free of charge.

Authorized Agent Requests

For authorized agents submitting a request on behalf of a data subject, please contact us at support@arrivalxo.com and provide (i) the first and last names and email address for the data subject, (ii) the first and last names and business contact information for the agent, (iii) evidence of authority (e.g., power of attorney, etc.), (iv) the status of the data subject (e.g., User, Non- User, Merchant Personnel, etc.), (v) the right(s) being exercised, and (vi) in the subject line include “Authorized Agent Request”.

You may contact us via e-mail (support@arrivalxo.com) to exercise the following rights: (i) right to correct/rectify personal information, (ii) the right of access/right to know, and (iii) the right to deletion. In your email, please provide (a) your first and last name, email address and address of residency; (b) identify the right(s) being exercised; and (c) in the subject line include “DSR Request”.

Your Additional Choices

Push Notifications

In the notifications section of the account page on our mobile platforms/apps, you can adjust your preferences for push notifications for order updates.

Location Access

You can restrict, limit or prohibit our access to your location through your device settings. Please note if you restrict, limit or prohibit our tracking of your location, this may impact your use of and our delivery of the Services.

Updates to this Policy

This Policy may be subject to updates from time to time with or without notice. We recommend that you periodically review this Policy. In the event of any changes to this Policy, we will determine whether or not notice is required and, if notice is required, we will provide appropriate notice taking into account the nature of the changes. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated. In the event that you disagree with the changes, your only remedy is to cease using the Services.