Effective Date: 23 May 2018

Last Updated Date: 23 May 2018

This Privacy Policy is incorporated by reference into the ViaVan Terms of Use.   

INTRODUCTION

This document tells you how we collect and use your information as part of about our Service (as defined below). It also describes the Personal Data we collect and how we use and share such data. We aim to be transparent about how we deal with Personal Data so our users can understand what we do and can exercise control over how we deal with Personal Data about them.

Please read the following carefully to understand our practices regarding your Personal Data and how we will treat it.  

By using or engaging with our Services, you acknowledge that you have read and understood this Privacy Policy.

WHO WE ARE

Hereinafter ViaVan Technologies B.V., together with its successors, affiliates and subsidiaries shall be referred to as “ViaVan”, “Company”, “we” and “us”.

Depending on which Service you have requested, there will be a ViaVan data controller responsible for determining the purpose and the means of processing in accordance with the General Data Protection Regulation (“GDPR”):

Services	Data Controller (ViaVan entity)	Supervisory Authority (for information purposes)
ViaVan in the United Kingdom	Via Transportation UK Ltd	Information Commissioner’s Office
ViaVan in the Netherlands	ViaVan Transit B.V.	Autoriteit Persoonsgegevens
ViaVan in Germany	ViaVan GmbH	Bundesbeauftragter für den Datenschutz und die Informationsfreiheit

For you, this means that the above mentioned ViaVan entity, in the location where you receive our Services, is the party to turn to in case of any questions or requests regarding the processing of your Personal Data or this Privacy Policy. You may reach each ViaVan entity at [email protected].  Where you are based in the United Kingdom, the Netherlands, or Germany, ViaVan Technologies B.V. will be a joint controller of the personal data collected by the local ViaVan entity.

This Policy sets out:

• Information we collect about you through the “Service” and how we use it for both Members and Driver Partners;
• Cookies and related technologies;
• Our promotional updates and communications;
• Children’s privacy;
• Who we share your information with;
• Security of your information and retention;
• Payment processing;
• International transfers of Personal Data;
• Your choices for limited use and disclosure;
• Your rights – accessing, updating or deleting your information;
• How to resolve complaints;
• Changes to our Privacy Policy and practices.

The “Service” means any website, mobile application, or Internet service under ViaVan’s control, whether partial or otherwise, in connection with providing ViaVan’s online platform that enables users to connect with vehicle-sharing transportation providers in major cities. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and take Rides. “Driver Partner” means any such independent contractor who registers with the Service as a third-party transportation provider to provide Rides to Members.

“Personal Data” means information that alone or when in combination with other information may be used to identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Data to include information that has been anonymized so that it does not allow a third party to identify a specific individual.

• INFORMATION WE COLLECT ABOUT YOU THROUGH THE SERVICE AND HOW WE USE IT

Two kinds of users may use the Service: Members and Driver Partners. We collect different types of information from these two types of users. The tables below apply to both Members and Driver Partners unless otherwise stated.

We collect Personal Data when you, as either a Member or Driver Partner:

• register to use the Service and communicate with us (“Information you give us“); and
• use the Service (“Information we collect about you from your use of our Services“).

We also collect location data as set out below.

1. Information you give us:

This is information about you that you give us directly when you interact with us. EU privacy law requires us to explain to users, for each category of information we collect, why we collect it and the “lawful basis” on which we process the data – legalese for the reason recognised by EU privacy law which allows us to collect and use your information as set out in this Privacy Policy.

Personal Data type collected	Lawful basis for processing	Purpose of processing
First Name; Middle Name (for Driver Partners only); Last Name; Email; Profile image/ Photo (optional for Members); Date of birth (for Driver Partners only); Tax identification number (TIN) (for Driver Partners only); Gender (for Driver Partners only); Geographic address.	Members: Our legitimate interests in authenticating authorized Members so we can provide the Service, and enable Members to connect with Driver Partners and, with the Member’s consent, promote the use of the Services to them, and as is necessary for the purpose of the contract in order to provide the Service. Driver Partners: Our legitimate interests and as is necessary for the purpose of the contract between ViaVan and the Driver Partner.	Set-up and manage account; Provision of Services; Customer service; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes); For analysis and report generation purposes (including developing new features, support service improvements on payments, pricing, routing, algorithmic dispatching efficiencies, for quality of Service review and fraud detection); Improve service functionality and efficiency; Prevention of fraud/ integrity of systems and manage accounts; In relation to Driver Partners, for background checks to assess suitability of Driver Partners and protect Members; In relation to Driver Partners, to investigate ratings, Member feedback and complaints; Promote the Services to you, with your consent.
Mobile number (including country).	Necessary for the purpose of the contract between us, and, if you are a Driver Partner, to promote the Services to you, with your consent.	Set-up and manage account; Provision of Services and required communications in relation to the provision of Services; Communicate with you in relation to a Ride; If you are a Driver Partner, promote the Services to you, with your consent.
Payment information: for Members, this includes billing information, credit card details and your student/senior status (where appropriate); for Driver Partners, this may include bank account details.	Necessary for the purpose of the contract between us and, where you are a Driver Partner only, for our legitimate interests.	In relation to Members, we use this data in relation to: Provision of Services (including billing and payment on behalf of Driver Partners); Customer service. In relation to Driver Partners, we use this data to: Set-up and manage account; Pay you what you are entitled to in respect of the transportation services provided to Members; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes); Prevention of fraud/ integrity of systems and manage accounts.
For Members, feedback you provide on Driver Partners.	Our legitimate interests in monitoring quality of Services and Member experience.	Driver Partner assessment and follow-up; Investigation of poor ratings and complaints.
For Driver Partners: How did you hear about ViaVan (drop-down); Referral name (optional).	Our legitimate interests in understanding how Driver Partners learn about us so we can better plan the provision of our Services.	Understanding how Driver Partners learn about us so we can better plan the provision of our Services; Providing referral incentives where applicable.
For Driver Partners: Vehicle information and condition – picture of car (inside and out) and presence of in car equipment; Insurance information; Any licence or permission Driver Partner has or needs under local regulations; Driver’s license; Vehicle registration; Road or other tax details for Driver Partner or vehicle (where required); Traffic violations (including accidents) occurred on the mobile application; Ticket, fines and violations; Background check.	Our legitimate interests and as is necessary for the purpose of the contract between us.	Set-up and manage account; Ensure the Services are compliant with regulatory requirements; Provision of Services; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes); Prevention of fraud/ integrity of systems and manage accounts; Ensuring the suitability of Driver Partners and the safety of Members.
For Driver Partners: Physical/ mental health – only drug/alcohol test in the event of a complaint/safety concern.	Your consent.	To protect the trust and safety of the Members, and the general public; For insurance purposes; To ensure compliance with ViaVan policies and standards.

Providing the above information is a requirement of our agreement with you because we can’t provide the Services without it. You can, however, control our ability to send promotional communications as indicated here.

1. Information we collect about you from your use of our Services:

We will automatically collect information from you each time you use our Services.

Personal Data type collected	Lawful basis for processing	Purpose of processing
In relation to Members only: Technical details: App version; Member ID (unique ID our platform assigns to each Member); Build; Operating system; Phone make/ model. Dates and times of Rides requested and fulfilled; Cost of Ride; Remaining credit.	Necessary for the purposes of our contract so we can arrange for Rides and payment and in our legitimate interests in understanding and improving our technology and Services.	Provision of Services; Customer service; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes); Improve service functionality and efficiency; Prevention of fraud/ integrity of systems and manage accounts; To optimise and personalise your experience of the Services; For analysis and report generation purposes (including developing new features, support service improvements on payments, pricing, routing, algorithmic dispatching efficiencies, for quality of Service review and fraud detection).
Driving history (usage of ViaVan’s Service) – driving times; ratings; feedback from Rides; escalation/ incident history); Routes used (in relation to Driver Partners, this includes data on the differences between actual route taken and route instructed by ViaVan’s system); Trip records.	Our legitimate interests.	Provision of Services; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes); For analysis and report generation purposes (including developing new features, support service improvements on payments, pricing, routing, algorithmic dispatching efficiencies, for quality of Service review and fraud detection); Improve service functionality and efficiency; Prevention of fraud/ integrity of systems and manage accounts.
Preferred language/ language settings on device.	Our legitimate interests.	To optimize and personalize the user experience on the App; In relation to Members, customer service.
Communications – SMSs and emails between ViaVan/Driver Partner/Members.	Necessary for the purpose of the contract between us.	Provision of Services; Internal operations (including troubleshooting, data analysis, testing, research, statistical and survey purposes). Improve service functionality and efficiency; Prevention of fraud/ integrity of systems and manage accounts; To optimise and personalise the user experience on the App; In relation to Members, Customer service.

(iii) Location Data 

We collect and store your location information while using the Services if you enable your mobile device to send it to us.

In addition, for Members, we collect favorite destinations; pickup locations; drop-off locations; routes taken; cancellations; no-shows. In addition, for Driver Partners, we collect drop-off locations; routes taken.  

We collect this information through our mobile application in order to deliver the Services, which are dependent on knowing where you are. This information is collected in combination with an identifier associated with your device to enable us to recognise your mobile browser or device when you return to our mobile application.

If you do not consent to location tracking, we will not be able to provide our Services. You can disable location tracking, or reactivate location tracking, at any time through your device settings. For Members, providing this information is voluntary. It is not a statutory or contractual requirement. This information is obtained automatically.

(iv) Referral Program 

If you use our referral program to tell a friend, relative or someone you know about our Service (a “Referred Person”), we will ask you to provide the Referred Person’s name and e-mail address. In providing us with this information, you confirm you have the individual’s consent to forward their details. We will automatically send the Referred Person an e-mail inviting them to try our Service. We may also send a follow-up e-mail or e-mails, at our discretion. If a Referred Person no longer wants to receive communications from us, they can e-mail [email protected] with their request and we will discontinue further communications. Providing this information is therefore voluntary. It is not a statutory or contractual requirement.

• COOKIES AND RELATED TECHNOLOGIES

Cookies are small text files placed in visitors’ computer browsers to store their preferences. The Service and our third party partners collect and store information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology.

We may use information collected through these tracking technologies to remember information so that you won’t have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the Service, to provide custom, personalized content including targeted advertising, to automatically update the Service on your mobile devices and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the Service to not work properly. A number of cookies and similar technologies we use last only for the duration of your web or app session and expire when you close your browser/or exit the application. Others are used to remember you when you return to use our Services and will last for longer.

We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate interests of improving the way our website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting/Advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our website/App and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Although we do our best to honor the privacy preferences of our Members, we are not able to respond to Do Not Track signals from your browser at this time. We may also work with advertising networks that gather information about the content on our website or application you visit and on information on other websites and services you visit. For more information see below or visit http://www.youronlinechoices.co.uk or visit http://optout.networkadvertising.org/?c=1#!/.

• OUR PROMOTIONAL UPDATES AND COMMUNICATIONS

Where permitted in our legitimate interest and/or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications by email or push notification through the application about our products/Services.

You can object to further marketing at any time by selecting the “unsubscribe” link at the end of all our marketing and promotional update communications to you, or by sending us an email to [email protected].

We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions (“Promotions”) that users may enter, register for or otherwise participate in through the Service. Certain of these Promotions may be co-branded with one of our advertisers, business partners, charities, sponsors or other third parties (“Third-Party Partners”). Such co-branded services will identify the Third-Party Partner. In these instances, the Third-Party Partner may collect your Personal Data directly on its website or another online service may collect your Personal Data and share it with us and/or the Third-Party Partner will be explained to you when the Promotion details are communicated. If you enter a Promotion, your Personal Data may be disclosed to Third-Party Partners or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and publication of a list of winners, as required by law or permitted by the Promotion’s rules. Providing this information is therefore voluntary. It is not a statutory or contractual requirement.

• CHILDREN’S PRIVACY

Protecting the privacy of children is especially important to ViaVan. We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

No part of our Service is directed towards children under the age of 13 and we do not knowingly collect, maintain, or use Personal Data from children under the age of 13. If you learn that your child has provided us with Personal Data without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Data from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

• WHO WE SHARE YOUR INFORMATION WITH

We may share your information with the following recipients:

• with our Driver Partners or Members only to facilitate your Rides;
• with relevant employees of our group company, Via Transportation, Inc., and our subsidiaries and affiliates who provide various support services;
• with our third-party service providers, including Twilio, a communication service provider (that allows Driver Partners and Members to communicate with each other without sharing direct contact details), data hosting providers, payment processors, messaging providers, customer support ticket platforms, fraud detection software providers, and geolocation providers (including Google Maps, pursuant to its Terms of Service and Privacy Policy);
• with insurance companies, government agencies or law enforcement if necessary; or in order to enforce our Terms of Use, or in connection with, or during negotiations of, a corporate transfer of assets.

In addition, we may disclose your Personal Data in case we are required to do so by law or when you grant us permission to do so.  

We do not rent, sell, or share Personal Data about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

The disclosure of Personal Data as stated in this article is set out in more detail below.

Driver Partners and Members. 

1. Members. When a Member requests a Ride, we may share a Member’s first name and last initial and location with a Driver Partner in order to provide the Service. We will not share your e-mail address, phone number or other information with Driver Partners without your permission.
2. Driver Partners. With respect to Driver Partners, we may share your name, location and a masked phone number with a Member in order to provide the Service. In connection with a Member’s request to retrieve a lost and found item from a vehicle, we may share your phone number with a Member. Otherwise, we will not share your e-mail address, phone number or other information with Members without your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers (the categories are listed above) retained in connection with the provision of the Service. We will share information, including Personal Data, with our third-party transportation providers as necessary to provide the Service. If we transfer personal information to a third party, we will take reasonable and appropriate steps to ensure that the third party collects, processes and discloses personal information only for limited and specified purposes. ViaVan may be liable if such third parties fail to meet those obligations.

Marketing. We do not rent, sell, or share Personal Data about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Data, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena or to meet national security requirements; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should this occur, you will be informed and when required asked for your permission.

Your Permission. We may also disclose your Personal Data with your permission.

• SECURITY OF YOUR INFORMATION AND RETENTION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. The Personal Data you provide to us is not indexed by search engines.

By using the Service or providing Personal Data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected].

We may retain your information for as long as your account is active and for up to six years after you close your account or it becomes inactive, in accordance with our data retention policy. In certain circumstances, we may retain your information for longer periods of time in order to provide you with Services, comply with our legal obligations, resolve disputes and enforce our agreements, in accordance with our data retention policy.

• PAYMENT PROCESSING

Members: Payment details Members provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the App are made through our payment gateway provider, Braintree. You will be providing credit or debit card information directly to Braintree which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to Braintree is not within our control and is subject to Braintree’s own terms of service and privacy policy.

Driver Partners: We utilize Hyperwallet payment services to deliver to our Driver Partners payments collected on their behalf, where applicable.  Such payment services are subject to the Hyperwallet terms of service and privacy policy.  

• INTERNATIONAL TRANSFER OF PERSONAL DATA

The data that we process in relation to Members and Driver Partners may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“) that may not be subject to equivalent data protection law. It may also be processed by staff situated outside the EEA who work for us or for one of our suppliers.

In particular, our group company, Via Transportation Inc., who provides and operates the software platform which allows us to provide the Services, is based in the United States. Via Transportation Inc. processes all Member and Driver Partner data referred to in this Privacy Policy to support ViaVan’s provision of the website, application and the Services. Via Transportation Inc. also uses the data for its own purposes and legitimate interests in relation to analytics which focuses on understanding how users engage with the software platform and the Services, in order to further develop and improve the technology, to understand the details of Rides requested and taken, and to produce aggregated reports. Via Transportation Inc. is Privacy Shield certified for the purpose of data transfers between ViaVan and Via Transportation Inc.

Where Personal Data is transferred in relation to providing our Services we will take all steps reasonably necessary to ensure that it is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism and that it is treated securely and in accordance with this Privacy Policy.

• YOUR CHOICES FOR LIMITED USE AND DISCLOSURE OF YOUR DATA

You control your account information and settings. You may update your account information and communication preferences at any time by logging into the app and changing your settings under Edit Profile.

Communications. You can stop receiving promotional communications from us by clicking on the “unsubscribe link” provided in email communications, or changing the push notification settings on your device. We make every effort to promptly process all unsubscribe requests. You cannot opt-out of Service-related communications (e.g., account verification, texts informing you of where a Driver Partner or Member is located (where appropriate) and the status of your Rides, reminders, changes/updates to features of the Service, technical and security notices), because that would make it impossible for us to provide the Service.

10.  YOUR RIGHTS – ACCESSING, UPDATING, OR DELETING YOUR INFORMATION.

You have the following rights in certain circumstances in relation to Personal Data relating to you that we process:

• You may request access to the Personal Data concerned (please see the section on obtaining access to your Personal Data, below).

• You may request that any incorrect Personal Data about you that we are processing be rectified.

• In certain circumstances (normally where the Personal Data has been provided by you and it is no longer necessary for us to continue to process it), you may be entitled to request that we erase the Personal Data concerned subject to some specific legal reasons we may have to retain certain data relating to you.

• Where we are processing Personal Data relating to you on the basis of your prior consent to that processing, you may withdraw your consent at any time, after which we shall stop the processing concerned.

• If you have a complaint about any processing of your Personal Data being conducted by us, you can contact us or lodge a formal complaint with the applicable supervisory authority.

How to withdraw your consent to processing

In relation to any processing of your Personal Data, that we do with your consent, you can withdraw such consent at any time:

• By emailing [email protected]; and

• In the case of mobile device location services, you can change your location preferences at any time by managing your device settings.

How to exercise your right of access to your Personal Data

You can exercise your right of access to your Personal Data:

• By emailing [email protected].

Please note that we may be required to ask you for further information in order to confirm your identity before we provide the information requested.

11.  HOW TO RESOLVE COMPLAINTS

ViaVan commits to resolve complaints about your privacy and our collection or use of your personal information. If you have any questions about this privacy policy, the information that we collect from you, or the Services, please contact us at:

ViaVan Technologies B.V.
Vijzelstraat 68
1017HL Amsterdam

[email protected]

Individuals with inquiries or complaints regarding this Privacy Policy should address their inquiry or complaint first to us at the address listed above. ViaVan takes all concerns about privacy and use of data very seriously, and shall reply to you within one month of receiving a complaint to either (a) answer your request; or (b) request additional time to respond, setting out our reasons for doing so. This extends our timeframe to respond to your request by 2 months.

In addition, in accordance with the privacy laws and regulations applicable within the European Union, you have the right to lodge a complaint with a supervisory authority, as set out above in the section on Who We Are.

12.  CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so please review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on the Service, and the revised version will be effective when it is posted. If you are concerned about how your information is used, you should read this Privacy Policy periodically.

New Uses of Personal Data. From time to time, we may desire to use Personal Data for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Data in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.