Privacy Policy

Effective Date: July 1, 2019, Last Updated Date: July 1, 2019

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

INTRODUCTION

This document tells you how we collect and use your information as part of 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 New Mobility Limited operating under its brand name Cool, shall be referred to as “Cool”, “Company”, “we” and “us”. The company is the data controller responsible for determining the purpose and the means of processing in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”).

In case of any questions or requests regarding the processing of your Personal Data or this Privacy Policy, kindly send us an email on: dpo@debonogroup.com.mt

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 constitutes a technology platform that enables users of the Cool mobile app (the “App”) to, among other things, request, schedule, and pay for carpooling rides.

Each reservation a user makes 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 but not limited to 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 individual.

1. 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. The GDPR 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 law which allows us to collect and use your information as set out in this Privacy Policy. Screen Shot 2019-06-21 at 18.21.03 Screen Shot 2019-06-21 at 18.21.31 Screen Shot 2019-06-21 at 18.21.40

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 in Section 9 of this Privacy Policy.

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

Screen Shot 2019-06-21 at 18.23.11 Screen Shot 2019-06-21 at 18.23.46

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

(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 favourite 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 hello@cool.mt with their request and we will discontinue further communications. Providing this information is therefore voluntary. It is not a statutory or contractual requirement.

(v) Additional Guests

If you make a Reservation and multiple people are travelling in your party, you, as the account holder associated with the Reservation, confirm that the additional guests’ are aware of the contents of this Privacy Policy. The Member remains responsible for his guests on the Ride.

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 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, 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 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. Screen Shot 2019-06-21 at 18.25.00

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. Screen Shot 2019-06-21 at 18.25.20

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. Screen Shot 2019-06-21 at 18.25.40

3. OUR PROMOTIONAL UPDATES AND COMMUNICATIONS

With your prior consent, we will use your personal information for marketing analysis and to provide you with promotional 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 hello@cool.mt.

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 fulfilment, 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 us. We do not knowingly collect information from children under 16 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 16 and we do not knowingly collect, maintain, or use Personal Data from children under the age of 16. If you learn that your child has provided us with Personal Data without your consent, you may alert us at hello@cool.mt. If we learn that we have collected any Personal Data from children under 16, 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 Driver Partners or Members only to manage the Reservations and facilitate your Rides;
  • With our third-party service providers, data hosting providers, payment processors, messaging providers, customer support ticket platforms, fraud detection software providers, fleet management and vehicle partners where applicable, and geolocation providers (including Google Maps, pursuant to its Terms of Service and Privacy Policy);
  • With your referrer, if you are a Driver Partner who has (i) applied to drive on the Cool platform through a referrer’s unique URL, or (ii) mentioned during registration that you were referred by a referrer. In this case we may share with your referrer information allowing him/her to understand his/her referral performance and compensation;
  • With insurance companies (or their representatives), government agencies or law enforcement bodies if necessary; or in order to enforce our Terms of Use, in the event of a dispute, or to permit us to pursue available remedies or limit damage we may sustain or in connection with, or during negotiations of, a corporate transfer of assets.

In addition, we may disclose your Personal Data where we believe we are required or permitted to do so by applicable law, or legal process, where we believe that the disclosure is necessary to protect anyone’s rights, property or safety, or when you grant us permission to do so.

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 will use the information provided by you to and provide the Service. We may also 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, photo, details of any local licence or permission, vehicle information, 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.

3. 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. Cool may be liable if such third parties fail to meet those obligations.

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

5. 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.

6. Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, due diligence, re-organisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may 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.

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

6. 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.

CCTV footage captured during the Rides will be retained for seven days. Call recordings will be retained for thirty days. We may retain other 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 certain circumstances, we may retain your information for longer periods of time in order to comply with our legal and fiscal obligations, safeguard our legitimate interests, resolve disputes and enforce our agreements.

7. PAYMENT PROCESSING

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 a payment gateway provider, Adyen. You will be providing credit or debit card information directly to Adyen which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to Adyen is not within our control and is subject to Adyen’s own terms of service and privacy policy.

8. INTERNATIONAL TRANSFER OF PERSONAL DATA

In order to provide you with the Service, we may be required to transfer Personal Data to recipients located outside of the EU. In doing so we will ensure that the third-party recipients are either subject to an adequacy decision or have appropriate safeguards in accordance with the GDPR and any other applicable legislation and and that the data is treated securely and in accordance with this Privacy Policy.

In particular, 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 Cool’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 according to the EU-US Privacy Shield for the purpose of data transfers between New Mobility Limited (Cool) and Via Transportation Inc.

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.

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 will continue to receive 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), which are necessary for us to provide the Service while you choose to continue to use 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 hello@cool.mt; 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 hello@cool.mt.

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

Cool 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:

New Mobility Limited Toyota Showroom, Mdina Road, Zebbug +35620147600 hello@cool.mt

Individuals with inquiries or complaints regarding this Privacy Policy should address their inquiry or complaint first to us at the address listed above. Cool 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, you have the right to lodge a complaint with the Office of the Information and Data Protection Commissioner (IDPC) in Malta.

12. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

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

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.

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 provide notice and obtain consent to any such uses as may be required by law.