Updated June 15, 2020
We understand how important privacy is to you. This Privacy Notice describes, among other things, how we handle personal information in connection with our websites and related products and services (collectively, the “Website”); how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected.
This Privacy Notice applies only to information collected about you by Hyperloop Technologies, Inc. ("Virgin Hyperloop", "we", "us", "our") by or through the Website or as otherwise described in this Privacy Notice. This Privacy Notice does not cover any information collected through any other website or by third parties. Please note that the Website may contain links to third-party websites. We are not responsible for the privacy practices of those sites, and we recommend that you read the privacy notices of each website that you visit.
2. Information We Collect
General: You are not required to provide personal information about yourself when you visit the Website. However, you may give us personal information, including information that can identify you, such as your full name or email address, ("Personal Information") when you communicate with us (whether via the Website or otherwise), for example if you make inquiries via the Website, if you subscribe to stay in the loop, or if you apply for a job or internship with us.
Joining the Virgin Hyperloop team: When you apply for a job or internship via the Website, we ask you to provide specific information (which may vary according to the role) such as full name, email address, telephone number, how you heard about the job, your willingness to relocate to the applicable Virgin Hyperloop group offices, why you want to work for Virgin Hyperloop, your salary expectations and your eligibility to work in the applicable country, as set out in the online inquiry form. You may choose to provide additional information to us via your Resume/CV or cover letter or when you otherwise interact with us. We may also collect video feed of you that you can present to us during the recruiting process. Once you accept a job offer from Virgin Hyperloop, we may also ask you to provide additional personal information, such as your date of birth, any individual identification numbers, and bank account information for tax and payroll purposes. In order to sign up for medical or life insurance policies above a certain coverage amount, you may be asked to provide information about your medical history; provided, however, that such information will only be collected with your explicit consent. The above information shall be collected to the extent permitted by, and in accordance with applicable law.
Subscribing to stay in the loop: In order to receive updates from us, we ask you to provide your full name and email address.
Information that We Collect by Cookies and Similar Technologies: We and/or our service providers may collect information using cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels) and similar technologies. Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience, and track usage of our Website. Pixel tags are electronic images that may be used on our Website or in our emails, and track usage of our Website and effectiveness of communications. You can learn more about the types of cookies we and/or our service providers use and the purposes for which we use them by reading our Cookie Notice.
3. Use of Information
The following section describes in more detail how Virgin Hyperloop may use your personal information and, in particular, the legal basis on which we do so. We may use your personal information for the following purposes or for other purposes disclosed to you at the time of collection of your personal information:
Subscribing to stay in the loop: When you sign up for updates, we ask you to consent to us sending you email alerts and updates that may be of interest to you. We rely on your consent as the legal basis to process your personal information for such purposes. You may withdraw this consent at any time by contacting us at email@example.com or by clicking on the unsubscribe link in the emails we send you.
Joining the Virgin Hyperloop team: If you request information about joining the Virgin Hyperloop team or if you apply to join our team, we will use your personal information to respond to your request(s), to communicate with you during the recruitment process, to process your application, to reach a hiring decision and for related recruitment activities, including preparing employment terms if your application is successful. Where permitted by, and in accordance with, applicable law, we may undertake background checks on you to obtain specific information relevant to a role. To do this we may use information publicly available on the internet, including using sources such as professional networking sites. We may also use your personal information for statistical and analytical purposes to better understand and improve our recruitment activities. If you are accepted for a job or internship at Virgin Hyperloop, the personal information collected during the recruitment process will form part of your ongoing employment record (if relevant to the ongoing employment relationship). If we do not hire you, we may still keep your application for a limited period to consider you for other suitable openings within Virgin Hyperloop in the future unless you request us not to do so.
The legal basis for the processing of your personal data is the legitimate interests of Virgin Hyperloop (to carry out recruitment and to manage the hiring process), and/or where you are considered for employment, to take steps prior to entering an employment contract with you.
As a general rule, we do not request any information that reveals your racial or ethnic origin, gender identification, disability or veteran status ("Sensitive Personal data") during the recruitment process, unless authorized by law or where necessary to comply with applicable laws.
However, with your consent, we may collect information about your racial/ethnic origin, gender identification, disability or veteran status for the purposes of equal opportunities monitoring or, if you choose to provide it, you can provide information about your disability or disabilities so that we can reasonably accommodate accessibility. You may also choose to provide such information voluntarily during the recruitment process. In such cases, we will handle all such Sensitive Personal data in accordance with applicable laws.
Entering contests or sweepstakes: If you enter any contests or sweepstakes sponsored by Virgin Hyperloop, we will use the information that you provide in our legitimate interests to administer the contest or sweepstakes.
Information collected automatically: Data about what pages you have viewed and for how long, your Website journey and other information collected automatically is used for the following:
- To measure the use of our Website, to improve the content of our Website and to ensure that such content is presented in the most optimal manner for you and your devices.
- To administer our Website for internal operations, including troubleshooting purposes; and
- As part of our effort to keep our Website safe and secure.
4. Disclosure of Information to Others
We do not sell your Personal Information. However, we may share your Personal Information with third parties such as service providers. This section explains when and why we share your information:
Service Providers: Virgin Hyperloop may use third-party service providers to perform functions on our behalf, which may include assisting us in processing personal information, email campaigns, hosting, storage, content management tools, analytics, etc. These service providers are subject to confidentiality obligations and are restricted from using the information for purposes other than those authorized by Virgin Hyperloop.
Business Transfers: We may share your information for our business purposes in connection with any reorganization, restructuring, merger or sale, or other transferring of assets, provided that the receiving party agrees to respect such personal information in a manner that is consistent with this Privacy Notice.
Affiliated Businesses: We may share certain information that we collect within the Virgin Hyperloop group. These group companies may use the information for the purposes identified in this Privacy Notice
References: We may share your personal information with any references you have provided in the context of a job or internship application in order to obtain references relating to you.
Aggregated/Anonymous Information: Virgin Hyperloop may aggregate or anonymize the information that we collect about you and other individuals and we may use or share this aggregate/anonymous information for conducting internal trend analysis, research, marketing, and financial or operational analysis and planning or studies.
5. International data transfers
Your personal information may be transferred to, and processed on Virgin Hyperloop's servers in the United States, which may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). In some circumstances, where you transfer personal information directly to us, the transfer will be necessary for the provision of services to you/the performance of a contract with you and/or the implementation of pre-contractual measures taken at your request. We may also use third party service providers and partners which operate around the world. This means that when we collect your personal information we may process it in a number of different countries.
However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice, including where you transfer it directly to Virgin Hyperloop. Further details can be provided by contacting us using the contact details below. Any transfers from our subsidiaries in the European Economic Area would be subject to the European Commission’s Standard Contractual Clauses (available here), as would transfers from our EEA-based vendors.
6. Data retention
We retain information we collect from you where we have an ongoing legitimate business need to do so. Please note as follows:
Joining the Virgin Hyperloop team: We retain your personal data for up to twelve (12) months so that we can consider you for any other potential job openings. If you do not want us to retain this information, please contact firstname.lastname@example.org.
Subscribing to stay in the loop: We retain your personal data until you opt out of receiving the updates using the opt-out or unsubscribe link provided in the communications you receive. In such circumstances, we retain a suppression file that contains the details necessary to ensure that we continue to respect such opt-out.
Your information may be retained for longer for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements. It may also be retained for shorter periods if required to do so by applicable law. When we have no ongoing legitimate business need to process your 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.
7. Your European data protection rights
If you reside in the European Economic Area (“EEA”), European Union, United Kingdom or Switzerland, the provisions of this Special Terms section apply to you, effective May 25, 2018.
Legal Basis for Processing
We may process your personal information because you have given us permission to do so (e.g., by sending data through our contact forms), because the processing is in our legitimate interests and it’s not overridden by your rights, or because we need to process your personal information to comply with the law.
Your Rights Under the General Data Protection Regulation (“GDPR”)
If you wish to know what personal information, we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at email@example.com. In some cases, you also have the following rights related to your personal information: If you wish to access, correct, update or request deletion of your personal information, you can request us to do so at any time by contacting us at firstname.lastname@example.org.
In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information in certain circumstances. Again, you can do so by contacting us at email@example.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing e-mails we send you.
Similarly, if we have collected and processed your information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here.)
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
8. Privacy Notice for California Residents
Effective Date: January 1, 2020
This Privacy Notice for California Residents supplements the information contained in Virgin Hyperloop's Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category / Example / Collected (YES/NO)
Example: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Example: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Example: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Example: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Example: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Example: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Example: Physical location or movements.
H. Sensory data.
Example: Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Example: Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Example: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Example: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase from us; from content or other materials you enter or upload to our Website.
- Indirectly from you. For example, from observing your actions on our Website. This may be done by us or by third parties with whom we have agreements to operate within or in conjunction with our Website.
Use of Personal Information
We may use, share/sell, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry.
- To provide, support, personalize, and develop our Website, products, and services.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may share your personal information with the following categories of third parties:
- Service providers.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
Category J: Non-public education information.
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:
- Emailing us at firstname.lastname@example.org
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- First name, last name, email address, postal address, phone number
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We aim to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to the email address on file for that account. If you do not have an account with us, we will deliver our written response electronically to the email that you provided to us as part of your request.
Any disclosures we provide may only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at email@example.com
Your browser or device may include “Do-Not-Track” settings or functionality. Currently, our systems do not recognize browser “Do-Not-Track” requests. The information collection and disclosure practices, and the choices that we provide to consumers, will continue to operate as described in this Privacy Notice, whether or not a Do-Not-Track signal is received. However, you may disable certain tracking on our Website (e.g., by disabling cookies).
10. Protection of Personal Information
We take reasonable technical, physical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure.
11. Children’s Privacy
Our Website does not target or knowingly collect any information from children under the age of 13.
12. Updates to this Privacy Notice
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this Privacy Notice. If we make any material change to this Privacy Notice, we will provide additional notice to you, such as displaying a prominent notice on our Website. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.
13. How to contact us
If you have any questions or concerns about our use of your Personal Information, please contact us at firstname.lastname@example.org.
The data controller of your personal information is Hyperloop Technologies, Inc., a Delaware corporation.