Table of Contents:
- General Background
- Information We Collect and How We Use the Information
- How Your Personal Data is Shared or Disclosed?
- How Long Do We Store Information?
- Data Transfer
- How Do We Protect Your Information?
- Your Rights
- Contacting Us
1. General Background
- Passengers: individuals who seek and book transportation services via the Services, directly or by using a third-party to do;
- Users of our business partners: individuals who access and use the Services on behalf of our business partners which are Transport Providers, third-parties that manage their transportation services via a specific Service (“Transport Partners”) and third-parties that enable passengers to have access to transportation services (“Demand Partners”, and all collectively “Business Partners”); and
- Websites Visitors: individuals who access and use our Websites.
Our role and our Business Partners’ role with respect to your Personal Data:
|Users||Our role||Transport Provider||Transport Partner||Demand Partner|
|Passengers||Data processor or independent controller according to the Service used by the Business Partner||Data processor/ sub-processor||Data processor/sub-processor or controller according to the Service used||Data controller|
|Drivers||Data processor||Data controller||NA||NA|
|Users of Transport Provider||Data processor||Data controller||NA||NA|
|Users of Transport Partner||Data processor||NA||Data controller||NA|
|Users of Demand Partner||Data processor||NA||NA||Data controller|
|Websites Visitors||Data controller||NA||NA||NA|
2. Information We Collect and How We Use the Information
2.1 Legal Basis for Processing.
2.1.1 To provide the Services. We collect and process your Personal Data in order to provide you with the Services in accordance with our contract with you comprised of the Terms. In order for us to provide you with the Services, we have to process the following information:
(a) Registration/Account Information
When you register and create your account to enable your use of the Services, we collect certain Personal Data including your name, phone number and if relevant your email address. We may also collect additional information you provide to us, such as financial information (for example; payment method and credit card number), and additional authentication information, to provide you with the Services you need (such as payment), or to ensure the integrity of the Services (for example, prevention of fraud). The Personal Data regarding your account as a Passenger comes directly from you, and if you use the Services as User of a Business Partner it may be provided to us from the relevant Business Partner to enable you to use the Services.
You may edit certain of your Personal Data at any time by using the features of your account or by sending us an email to: email@example.com.
(b) Device and Technical Information.
When you use the Services, we will also collect the following data, each to the extent applicable to the Services that you use: device information that includes device ID or any other unique device/user identifier, advertiser ID, publisher ID, device type and model, device manufacturer, the applicable Services version, our Business Partner relevant user ID (if relevant), operating system and version, browser type and version, city, language, time stamp, IP address, screen resolution.
(c) Support Information
When you interact with us via support or feedback, we will collect certain Personal Data generated by your use of the Services or Personal Data that you choose to share with us to better respond to your inquiries. We may, in accordance with applicable law, document your communication with our support team or with other similar contact channels.
(d) Information Provided to Us When You Book and Complete A Ride
When you request transportation services as a Passenger through the Services, the following information will be collected by us either from you or from our relevant Business Partner requesting the ride on your behalf:
- Ride request details: pick-up and/or drop-off location, and any additional requirements you may have such as number of passengers, suitcases, etc.
- User details: your name and phone number.
- Additional details: any special requirements you have for the ride that you may choose to share with us during the booking process and add for your ride when you book it.
(e) Information Provided to Us on Drivers from Transport Providers
When you provide your transportation services as a Driver in connection with the Services, the following information will be collected by us from the relevant Transport Provider:
- driver details: your name, phone number and optionally your photo.
- location details: your location and distance from the pickup location.
- vehicle details: the license plate number, make and model of the vehicle you use.
2.1.2 In Our Legitimate Interests. In some circumstances, it may be necessary for us to process your Personal Data for the legitimate interests of our ongoing business operations or the operation of the Services. Where we rely on a legitimate interest to process your data, we will only do so when our interests are not outweighed by your individual rights and freedoms.
Our legitimate interests are:
- Protecting and defending our rights and properties, including intellectual property;
- Understanding, maintaining and improving the Services and their usage, user experience, and customer relationships;
- Providing an optimized and enhanced user experience;
- Developing new services and features for our users; and
- Communicating with you regarding the Services.
2.1.3 With your Consent. There is certain data which we will only use if you choose to share it with us. If you choose to share this data with us, we will use it for the following purposes only. You have the right to withdraw your consent at any time.
(a) Location Data and Travel Routes
When you grant the Demand Partner permission to access your Location Data to enable the Services, we collect and use information about your actual geographic location (“Location Data”). Location Data reveals where you currently are and/or where you have been. Location Data is based on available positioning methods, such as Assisted GPS.
When you enabled your Location Data, we will use it for purposes of providing you with relevant offers from Transport Providers and public transportation (if applicable). You have the ability to disable the location feature of any mobile app you use via your mobile device’s settings at all times. However, should you do so, the Services will not function or operate as intended.
(b) Cookies and related Technologies
We use Amplitude for analytics and to determine which areas of these Services users like and don’t like, based on traffic to those areas, and which allows us to collect metrics on how users interact with the Services. You can learn more about how Amplitude protects your Personal Data by clicking here: https://amplitude.com/privacy.
We also collect social media handles, content, and other data posted on our official social media pages and information (such as email address and other information) you allow to be shared through our social media apps, tools, widgets and plug-ins.
Learn more about your choices and how to opt-out of tracking technologies:
(c) Direct Marketing Communication
When you sign up to receive marketing communication from us including news regarding the Services or request certain marketing information from us, we will collect and process your name and email address and optionally your business phone number, in order to comply with your request. We may also collect additional information such as your role or job title at the company you work for and details about the company you work for. You may withdraw your consent by sending us written notice by email to the following address: firstname.lastname@example.org or by pressing the “Unsubscribe” button in the email.
(d) Usage Analytics
When you use the Services, we may collect information related to your usage patterns and interaction with the Services, including the duration of your use of the Services, information regarding your clicks and error diagnostics, including start and stop events, menu items accessed, and features selected or default values changed. We may also collect error diagnostics information including for example which actions led to the error. We collect this information with your consent, to provide you with a better experience while using the Services and to provide you with technical support.
2.1.4 To comply with our Legal Obligations. At times we will process your Personal Data where it is necessary for compliance with our legal obligations; responding to requests from law enforcement or government authorities or as otherwise required by applicable laws and regulations.
If you want to learn more, please email us at email@example.com.
2.2 Text Message/Email Communication
We may contact you, via text message to facilitate the Services to you. You may opt out of receiving text messages from us by clicking on the unsubscribe link which is part of the text messages you receive, or by sending us an email to: firstname.lastname@example.org.
Please note that we may also contact you, via text messages or email, with important information regarding the Services, your account and verification purposes. For example, we may notify you (through any of the means available to us) of changes or updates to the Services, payment issues, service maintenance, etc. You will not be able to opt-out of receive such service messages.
2.3 Information from Other Sources
We may collect information about you from other sources that may include your Personal Data. These sources may include the following: (i) consumers or other third parties, providing feedback such as ratings or compliments; (ii) third parties providing your information in connection with any referral program; (iii) third parties requesting services for or on your behalf; (iv) third parties providing information in connection with any claims or disputes; (v) our authorized third-party service providers, such as payment providers and social media services; (vi) financial services providers (if you are a Partner); (vii) publicly available sources; and (viii) marketing service providers. Please note that we may combine the information collected from such sources with other information which is in our possession.
2.4 How non-Personal Data is otherwise processed
Please note that we may use and/or share non-Personal Data, including in aggregated or statistical form, to develop and enhance our products and services, with third-party business partners and other third parties.
3. How Your Personal Data is Shared or Disclosed
What This Means. Sharing information with certain third parties is integral to the Services. As a Passenger, some of your Personal Data will be shared with Business Partners and their Users for the purpose of facilitating the Services to you, and as a Driver your Personal Data will be shared with Passengers and if applicable with Demand Partners. In addition, some of your Personal Data will be shared with other third parties, such as our affiliated companies and service providers.
3.1 With Business Partners
(A) When you use the Services as a Passenger, and in order to provide the Services to you, Business Partners and their Users can see and access information about you in circumstances such as when you are using the Services to book and/or take a ride via Demand Partners’ products or services, your Personal Data, such as your name, phone number, desired pick-up and drop off locations, and any other information you choose to share during the booking stage, will be shared with: (i) the relevant Demand Partner (and its representatives); (ii) the relevant Transport Provider whose transportation services you booked; and (iii) the relevant driver providing you with the transportation services.
(B) When you provide your transportation services to Passengers as a Driver, Passengers and if relevant, Demand Partners and their Users can see and access information about you in circumstances such as when your transportation services are booked on behalf of a Passenger and not by the Passenger directly.
3.2 With Affiliated Companies
3.3 With Our Authorized Third-Party Service Providers
We share Personal Data with authorized third-party service providers we use in order to facilitate, provide and enhance the Services, operate the Websites, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities. We take commercially reasonable steps to require third-party service providers to adequately safeguard your Personal Data and only process it in accordance with our instructions.
The following are the categories of third-party service providers that we use: (i) analytics and product optimization tools, (ii) community management services, (iii) user communication services, (iv) hosting services; (v) technical support services and forum hosting; (vi) user acquisition tracking services; (vii) viral campaign tracking services; (viii) targeting and retargeting services; (ix) third party payment vendors; (x) customer relationship management and mailing vendors, (xi) marketing partners and marketing platform providers, and (xii) professional service providers.
3.4 Mergers and Acquisitions
If we decide to sell, buy, merge or otherwise reorganize our business in certain countries, this may involve disclosure of Personal Data to other HERE affiliates, prospective or actual purchasers and their advisers, or receiving Personal Data from sellers and their advisers.
3.5 As Required by Law or in Relation to Legal Proceedings
We may be obligated by mandatory law to disclose your Personal Data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your Personal Data in accordance
with applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings.
4. How Long Do We Store Information?
What This Means. Your Personal Data is retained as long as you keep your account active or as otherwise necessary for protecting our legal rights or complying with our legal obligations.
We will retain your Personal Data related to your account for as long as your account is active, and to comply with our legal obligations, resolve disputes, and enforce the Terms. After you close your account or if relevant, a Business Partner closes your account, we may retain your data for up to thirty (30) calendar days to allow us a reasonable time to properly close your account (or, if longer retention of certain data is required under law, we will retain such data for such longer period of time). After such period, we will move your relevant data to a ‘Legal Compliance Only’ folder and will retain your data or any part thereof, solely as required or otherwise permitted under applicable law, whichever is shorter. Our longest retention period is seven years for financial information. Once this period has expired, we will delete your data.
If you do not have an account, we will retain your Personal Data to comply with our legal obligations, resolve disputes, enforce the Terms, all as required or otherwise permitted under applicable law, whichever is shorter. Once this period has expired, we will delete your data.
If your data is being used in aggregated anonymous format, for business purpose, this will not be deleted. Such aggregated anonymous data includes, for example, historical usage of the Services, and rides booked. You will not be identifiable from this data.
5. Data Transfer
What This Means. Your information, including Personal Data might be transferred outside the country where you use the Services.
The Services may be provided using resources and servers located in various countries around the world. Therefore, your Personal Data may be transferred across international borders outside the country where you use the Services or access our Website. For European users, this means that data may be transferred to countries outside the European Economic Area (EEA) or Switzerland that have different legal rules on data protection, for example, the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your Personal Data is provided as required by applicable law. If you have any questions about the transfer of your data to other countries, please email us at: email@example.com.
6. How We Protect Your Information?
What This Means. We use standard industry protocols and technology to protect your Personal Data.
The Services incorporate safeguards designed to protect the security, integrity, and privacy of the Personal Data we have collected. We have put in place reasonable precautions to protect information from loss, misuse, and alteration, including Secure Socket Layer (SSL) technology on the Services. When we collect Personal Data from you when using the Services, such information is encrypted and transmitted in a secure way. Please note that while we take steps to safeguard your Personal Data, we have no control over how other users of the Services and the public at large may use the information you choose to share while using the Services.
7. Your Rights
What This Means. You have a right to access, correct, amend, delete, stop us using or object to our use of your Personal Data or request that we transfer certain Personal Data to a third party, or withdraw the consent you have previously given, at any time.
If applicable law grants you such rights and subject to the limitations in applicable law, you may have the following rights in relation to your Personal Data:
- Right of access to your Personal Data. This enables you to receive a copy of the Personal Data that we hold about you.
- Right of correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data that you provide to us.
- Right to deletion of your Personal Data. This enables you to ask us to delete or remove Personal Data in certain circumstances. Please note, however, that we may retain your data in certain circumstances in accordance with law, which will be notified to you, if applicable, at the time of your request.
- Right to stop us processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you would like us to establish the accuracy of such data; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Right to portability of your Personal Data to you or to a third party. If you so request, we shall provide you, or a third party that you have chosen, with a copy of certain Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to information that you initially provided consent for us to use or where we used the information to perform our contract with you.
- Right to object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground and we will consider whether we have compelling reasons to continue to process your data.
- Right to object to direct marketing You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Right to withdraw consent at any time where we are relying on consent to process your Personal Data. If you withdraw your consent, we may not be able to provide certain products, content or services to you. You may always be able to opt out of receiving marketing emails and/or text messages from us by clicking on the unsubscribe link which is part of the email and/or text messages you receive.
If you wish to exercise these rights, or if you wish to revise your privacy permissions or choices please email us at: firstname.lastname@example.org.
If you believe your privacy has been compromised, please email us at: email@example.com as soon as you can.
Please note that where we act as data processer with respect to your Personal Data, you must contact the relevant Business Partner who acts as the data controller with respect to your Personal Data, to exercise your rights.
9. Contacting Us
What this Means. You may contact us either via email or post mail at these addresses.
HERE Global B.V
Kennedyplein 222 -226
5611 ZT Eindhoven
The Company’s Data Protection Officer can be contacted at:
HERE Deutschland GmbH
If you are not satisfied with the Company’s response or believe we are processing your Personal Data not in accordance with the law, you have the right to lodge a complaint with your local Data Protection Authority. Contact information for your local Data Protection Authority can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-p….