Effective Date: 20 May 2019
Last Updated Date: 20 May 2019
This policy 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
WHO WE ARE
ViaVan will be the Data Controller (as defined under Applicable Data Protection Laws) responsible for determining the purpose and the means of processing in accordance under Applicable Data Protection Laws (including
but not limited to the General Data Protection Regulation (“GDPR”), the Data Protection Act 2018 (“DPA”) and any applicable national legislation implementing data protection laws.
|Services||Data Controller (ViaVan entity)||Supervisory Authority (for information purposes)|
|ViaVan in the United Kingdom||Via Transportation UK Ltd||Information Commissioner’s Office|
This Policy sets out:
- Information we collect about you through the Service and how we use it;
- 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;
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 Greater London. 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.” “Rider” means any such individual who uses the Service to make Reservations and take Rides. “Driver” means employees of London General Transport Services Limited
(“Go-Ahead London”) who are a third-party subcontractor transportation organisation providing Rides to Riders. “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 anonymised so that it does not allow a third party to identify a specific
1. INFORMATION WE COLLECT ABOUT YOU THROUGH THE SERVICE AND HOW WE USE IT
We collect Personal Data when you as Rider:
- 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 Service“).
We also collect location data as set out below.
- Information you give us:
This is information about you that you give us directly when you interact with us. Applicable Data Protection Laws require us to explain to users, for each category of information we collect, why we collect it and the
|Personal Data type collected||Lawful basis for processing||Purpose of processing|
||Necessary for the purpose of the contract between us and the provision of the Service.||
||Necessary for the purpose of the contract between us.||
||Our legitimate interests in monitoring quality of Service and Rider experience.||
Providing the above information is a requirement of our agreement with you because we can’t provide the Service without it. You can, however, control our ability to send promotional communications as indicatedhere.
2. Information we collect about you from your use of our Service:
We will automatically collect information from you each time you use our Service. This may include the following:
|Personal Data type collected||Lawful basis for processing||Purpose of processing|
||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 Service.||
||Our legitimate interests.||
||Necessary for the purpose of the contract between us.||
||Our legitimate interests||
(iii) Location Data
We collect and store your location information while using the Service if you enable your mobile device to send it to us.
We collect this information through our mobile application in order to deliver the Service, which is 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 Service. You can disable location tracking, or reactivate location tracking, at any time through your device settings. Providing this information is voluntary. It is not a statutory or contractual requirement. This information is obtained automatically.
(iv) Use of CCTV by Go-Ahead London
The Service is provided using buses and drivers provided by Go-Ahead London. Go-Ahead London buses may include CCTV cameras to record images and (in some cases) sound on the inside out outside of their buses for the purposes of:
- Health and safety of its employees passengers and other members of the public; and
- Prevention and detection of crime and ant-social behaviour
(v) Our 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 for the purpose of our contact with them. 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 use the unsubscribe in the email communication or separately 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.
2. 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 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, personalised 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 not to 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 re-identify you when you return to use our Service 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 honour the privacy preferences of our Riders, we are not able to respond to Do Not Track signals from your browser at this time.
3. 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/Service.
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.
4. 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.
5. WHO WE SHARE YOUR INFORMATION WITH
We may share your information with the following recipients:
- with Drivers only to facilitate your Rides. When a Rider requests a Ride, we may share a Rider’s first name and last initial and location with a Driver in order to provide the Service. We will not share your e-mail address, phone number or other information with Drivers without your permission.
- with London General Transport Services Limited (“Go-Ahead London”); and London Bus Services Limited (“TFL”) for the provision of the Service;
- with London Councils for in connection with the use of Freedom Passes.
- with relevant employees of our group company, Via Transportation, Inc., and our subsidiaries and affiliates who provide various support services;
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.
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, reorganisation, 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.
6. SECURITY OF YOUR INFORMATION AND RETENTION
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 Service, comply with our legal obligations, resolve disputes and enforce our agreements, in accordance with our data retention policy.
7. PAYMENT PROCESSING
8. INTERNATIONAL TRANSFER OF PERSONAL DATA
The data that we process in relation to Riders 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.
9. 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 or separately by e-mail to [email protected]. 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 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).
- YYou 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, as set out above in the section on Who We Are.
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 Technologies B.V.
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.