Effective Date: July 1, 2019, Last Updated Date: July 1, 2019
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.
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”).
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;
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.
- Information you give us:
- Information we collect about you from your use of our Services:
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 email@example.com 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
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.
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.
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.
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 firstname.lastname@example.org.
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 email@example.com. 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 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;
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
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
8. INTERNATIONAL TRANSFER OF PERSONAL DATA
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 firstname.lastname@example.org; 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@example.com.
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
New Mobility Limited Toyota Showroom, Mdina Road, Zebbug +35620147600 firstname.lastname@example.org
In addition, you have the right to lodge a complaint with the Office of the Information and Data Protection Commissioner (IDPC) in Malta.