Effective as of 1st July, 2019
1.1 Tappa (“Tappa”, “we”, “our” or “us”) is a company committed to protecting your privacy, as user or person contacting, visiting, or otherwise submitting information to Tappa.
1.3 Tappa is committed to safeguarding your Personal Information (as defined below) in line with applicable data protection laws. Please read the following carefully to understand Tappa’s views and practices regarding your personal data and how Tappa will treat it.
2. USER’S ACKNOWLEDGEMENT OF THIS POLICY
- If you have any questions or comments regarding privacy issues on the Site and/or the App, please contact Tappa by email at firstname.lastname@example.org
3. TYPES OF INFORMATION WE COLLECT
3.1 Tappa collects both “Personal Information” and “Anonymous Information” about our users and visitors. Personal Information is information that can be used to contact or identify you, such as your full name, email address, phone number, payment method details, login name, password, mailing address, IP address, and profile picture, as well as information that is linked to such information. “Anonymous Information” is information that we cannot use to contact or identify you and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Site or on the App,to the extent that information is not linked to your Personal Information.
3.2 You can access and browse certain portions of the Site and download the App without disclosing Personal Information, although, like most website and mobile app providers, we passively collect certain information from your devices, such as your IP address, screen resolution information, geographic location, wifi information, browser information, unique device identifier (“UDID”) where applicable as well as your mobile operating system. We may use third-parties such as Mixpanel and other SDK’s to obtain detailed analytics on the device. We also collect geolocation data from visitors that download and open the App. Sometimes, this passively collected information will constitute Personal Information – please see following sections on Personal Information. Please note that you can choose not to provide us with certain information (for instance, by adjusting your cookie settings, see Section 5), and it is your voluntary decision whether to provide us with any such information but choosing not to will limit the features of the Site or the App you can access and use.
3.3 Voluntarily submitted information.
We collect information that you provide to us during your use of the Site, and/or App. Some examples include:
3.3.1 Personal Information that you enter when registering for or using the App, including your full name, email address, phone number, payment method, billing information, profile picture and profile information;
3.3.2 communications with us (e.g. emails, text messages) or with other Riders or Drivers (e.g. verbal or written instructions to Drivers);
3.3.3 information you provide in your user preferences or surveys, to customer support services or customer support calls or that you post on any forums or message boards, including social media and blogs. We may record your customer support calls for quality assurance purposes and for improving our services;
3.3.4 the provision of services or online content to deal with your requests and enquiries. This includes data you provide at the time of: registering to use either the Site or the App; subscribing to any services or Tappa offers; downloading information posted on the Site or the App; posting material; or requesting further services from Tappa;
3.3.5 data you provide to us or to a third-party in connection with third-party loyalty schemes with which Tappa partners, including loyalty ID or scheme membership number and information about points accrued;
3.3.6 data you provide, including photos or comments, in connection with or participation in any promotions or competitions sponsored, promoted or offered either by Tappa or any third-party and any data provided to Tappa by way of feedback, profile forms or Site/App issues;
3.3.7 data you provide, including a copy of your identification or credit card, in connection with instances where Tappa needs to authenticate user identity and ownership of the payment method provided;
3.3.8 information about you which you provide when corresponding with Tappa by email, post, the App, sms, messenger, telephone or otherwise, in which case Tappa may keep a record of that correspondence to respond to your enquiries and improve its services;
3.3.9 where you are a Driver, insurance policies and licensing information; 3.3.10 other information from your interaction with the Site and/or the App, services, content and advertising. With regard to each of your visits to the Site and/or use of the App, Tappa may automatically collect authentication data, technical information and information about your visit, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address, standard web log information and the resources that you have accessed.
3.4 Information collected through use of the Site or the App
3.4.1 Geolocation data: If you access the App through a mobile device, we may access, collect, monitor and/or remotely store “geolocation data,” which may include the GPS coordinates of your trip (including pickup and drop-off data and journey information) or similar information regarding the location of your mobile device.
3.4.2 Contacts: We may access your address book, calendar, or contacts if you provide us with your permission to do so.
3.4.3 Transaction data: We collect information created during your various interactions with the Service, including the date and time of any ride using
the Tappa Service (a “Ride”), distance of Ride, amount charged, including breakdown of base fee, tip and additional fees, as well as promotional code delivery if applicable.
3.5 Information collected via technology
3.5.2 In connection with your use of the App, we may receive your call data, including the date and time of calls and SMS messages with Tappa or Drivers, the parties’ phone numbers and the content of those SMS messages.
3.5.3 We may also use third-party tracking services, such as Google Analytics, and usage logs, to track and analyse data from users of the Service for purposes of security, fraud prevention, and money laundering prevention.
3.5.4 If you choose to make payment for a Ride via a third-party payment provider (e.g. Google Wallet), your Personal Information (excluding full payment card information) obtained by the payment provider may be given to us by such payment provider.
3.5.5 If you choose to login to the App or Site via a third-party social media website (e.g. Facebook), your Personal Information may be provided to us by the social media website.
3.5.6 Tappa may also share your data with its third-party statistical analytics service provider, solely for the provision of analytics and to improve service to its users.
3.5.7 We rely on third-party commercial software and programs to operate our servers and we may inadvertently collect Personal Information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.
3.6 Information provided by others
We collect information that Riders provide about Drivers, and vice-versa, including via ratings and postings on forums or message boards.
Tappa may receive information about you if you use any of the other websites it operates or the other services it provides. Tappa also works closely with third parties (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. Where third-parties collect information about you and share it with us, you should refer to their separately maintained privacy policies or notices.
3.7 Information about your device
3.7.1 Tappa collects information about the device you use to access the Site, App and/or Services, which may include personal data. This information is used to recognise your device so that it can be linked to your account. This activity is carried out for the purposes of safety, security, evaluation of the performance of the app or the Site, improvement of the customer experience, fraud prevention and involves the sharing of information about your device including limited personal data, IP address, WiFi and location information with a third-party service provider.
3.7.2 the type, name and use of your device, browser (e.g. the Internet browser you are using) and installed applications and widgets (“Installed Apps”), including the Installed Apps’ name, ID, system, installed date, update date, version, and whether it is on the home page. We also collect your interaction with those Installed Apps, including opening, closing, or uninstalling, and the duration of your use. We do not collect data within the Installed Apps, but rather solely aggregated data concerning use itself; 3.7.3 the visited websites (including the date and duration of such visits); 3.7.4 the battery and network performance (i.e. battery status and charger use) of your device and the file names, types and files sizes on your device, including the amount of free and used local storage space, but not the contents of the files; and
3.7.5 the system status, including device event information.
4. COOKIES AND OTHER WEB FILES OR TAGS
4.2 Most of these cookies used by us will be erased from your hard drive immediately after your browser session (so-called session cookies).
4.3 Other cookies remain saved to your device’s hard drive and enable us to recognise your device in the event of a later visit to our website (so- called persistent cookies). It is particularly these cookies that allow us to make our Site more effective and safe. Thanks to these files, for example, it is possible to display information specifically suited to your personal preferences on a certain webpage. A cookie browser session lasts for the duration of 18 hours.
4.5.2 to gather information about your approximate geographic location to provide localised content;
4.5.3 to store information about your preferences and to allow Tappa to customise the Site and App according to your individual interests and the device or browser you are using;
4.5.4 To improve Tappa’s Services;
4.5.5 To recognise you when you return to the Site or App; and
4.5.6 To prevent fraud and abuse.
4.6 The legal grounds for processing the information contained in cookies and other such files or tags consists of the performance or entering into of a contract with you (where cookies are necessary as part of the customer journey), or otherwise our legitimate interests in a safe presentation of our Site.
4.7 You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you select a setting that is too restrictive, you may be unable to access certain parts of the Site or App. Unless you have adjusted your browser setting so
http://www.aboutcookies.org/ where you will find further information on cookies and how to manage them.
4.8 The help function in the menu of most browsers explains how to prevent your browser from accepting cookies, how you can erase all collected cookies and how to block all future ones.
4.9 Please see the advice on individual browsers relating to the management of cookies. Accept exceptions for cookies from certain websites or website domains.
4.10 We remind you however that, in the event of limited cookie settings on your computer, you may no longer be able to use functions of our Site to the fullest extent possible.
Analysis Tools and Internet Technologies
4.13 This website makes use of retargeting technologies that are administered by other operators. Through retargeting, users of our partners’ websites, who were interested in our Site and in our Services before, can
be approached with personalised advertisements. Through retargeting, the incorporation of advertisements is based on the analysis of cookies that display earlier user’s conduct. If you wish to object to this mode of advertisement, you can deactivate cookies or delete existent cookies through your browser settings. You can do so by following the instructions under “Cookies”.
4.14 The legal basis for the processing of your data along with the use of collective analytical tools and internet technologies is our legitimate interest in obtaining an analysis of the activities on our website and the user’s and surfer’s behaviour on the Site, as well as our legitimate interest (and the interest of third-parties) in the inclusion of personalised advertisements suited to your interests.
5. CLICKSTREAM DATA
• As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called “clickstream” data, can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use, the address of the web site from which you linked to the Site, and in some instances, your email address. We may use clickstream data to determine how much time visitors spend on each page of the Site and how they navigate through the Site. We will only use this information to improve or customise the Site.
6. USES MADE OF THE INFORMATION
6.1 Tappa uses information held about you (including both Personal and Anonymous Information) in the following ways:
6.1.1 to register and administer your account;
6.1.2 to provide our various Services, as further detailed on our Site;
6.1.3 to facilitate communications between Riders and Drivers;
6.1.4 to offer customer support;
6.1.5 to ensure that content on either the Site or the App is presented in an effective manner for you and for your device.
6.1.7 to carry out Tappa’s obligations arising from any contracts entered between you and Tappa (including but not limited to providing you with the information, goods or Services you request from it);
6.1.8 to validate and reimburse valid third-party loyalty coupons for Tappa Rides and to notify third-party loyalty partners about qualifying Rides which may accrue third- party loyalty scheme points;
6.1.9 to provide you with information about other goods and Services Tappa offers that are similar to those that you have already purchased or enquired about or which may interest you, having first obtained your consent where required to do so (and subject always to your right to opt-out of marketing messages, see section 13.1);
6.1.10 to provide you with information about goods or services offered by Tappa’s promotional partners which are relevant to Services you have requested from Tappa, or which we otherwise believe may interest you, having first obtained your consent where required to do so (and subject always to your right to opt-out of marketing messages, see section 13.1); 6.1.11 to allow you to participate in interactive features of Tappa’s Services. 6.1.12 to contact you for your views on Tappa’s Services and to notify you about changes or developments to Tappa’s Service;
6.1.13 to administer the Site and the App, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
6.1.14 as part of Tappa’s efforts to keep the Site and the App safe and secure and for the prevention of fraud;
6.1.15 to measure or understand the effectiveness of any advertising Tappa serves to you and others, and to deliver relevant advertising to you;
6.1.16 to improve both the Site or the App including tailoring it to your needs;
6.1.17 to use GPS to identify the location of users;
6.1.18 to comply with Tappa’s legal obligations;
6.1.19 to protect Tappa’s rights and interests.
6.2 Tappa’s third-party service providers may cross-reference your data with data it already holds to provide Tappa with statistical analysis of the demographic of its users. Tappa uses aggregated and anonymous analytics information for internal business planning and other similar purposes.
6.3 Under EU data protection law, all processing of personal data is justified by a “condition” for processing. In the majority of cases any processing will be justified on the basis that:
- you have consented to the processing (e.g. where you provide us with marketing consents or opt-in to optional additional services or functionality);
- the processing is necessary to perform a contract with you (i.e. for Ride Services) or take steps to enter into a contract;
- the processing is necessary for us to comply with a relevant legal obligation (e.g. the disclosure of information to law enforcement or tax authorities); or
- the processing is in our legitimate commercial interests, subject to your interests and fundamental rights.
7. SECURITY AND DATA RETENTION
7.1 Tappa has implemented administrative, physical and electronic measures designed to protect your information from unauthorised access. Tappa will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of your Personal Information and, where we consider appropriate or where required by applicable law, notify you via email, text or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
7.3 Where Tappa has given you (or where you have chosen) a username, login or password which enables you to access certain parts of either the Site or the App, you are responsible for keeping this information confidential. Tappa asks you not to share a username, login or password. 7.4 Tappa restricts access to your Personal Information to individuals who need access to it in order to process it on Tappa’s behalf. These individuals, where employees, are bound by confidentiality agreements and Tappa will take appropriate action (which may include disciplinary proceedings) in the event Tappa finds that one or more of its employees has failed to meet standards in looking after your personal data. Tappa cannot accept any liability for employees or agents acting outside its normal course of business or for Drivers or any third-parties with whom your Personal Information may be shared (as described in section 1.1) who act outside of the terms of our contracts with them.
7.5 We will retain your Personal Information only for as long as necessary to fulfil the purposes for which it was collected and to comply with applicable laws.
7.6 In general, this means that we store your data throughout the existence of your account with us or for as long as is otherwise required to deliver our Services, except where we have a lawful basis for saving it for an extended period of time. We also retain the data we need for the execution of pending tasks and the data we need to investigate and realise our legal rights and our claims, as well as certain data that we must store for a legally mandatory period of time. When certain data is only saved due to a legally mandatory preservation term, the processing of it by us is limited, even where you do not specifically request this.
8. DISCLOSURE AND SHARING OF YOUR INFORMATION
8.3 In addition to using the information collected by us for the purposes described in section 6 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.
8.4 Riders and Drivers
8.4.1 We share certain information about Riders (including but not limited to name, rating, pickup and drop-off locations, route information, profile picture) with Drivers to enable the scheduling and provision of Rides.
8.4.2 Information provided on any online forum or message board may be viewed by any Riders or Drivers.
8.5 Service Providers
8.6 Compliance with Laws, Law Enforcement and Safety
• We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure
is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Tappa’s or a third- party’s, rights or property. We may also reserve the right to disclose information we’ve collected about you for purposes of protecting the
health and safety of our Riders and Drivers, such as in the case of risk of harm or violence against any person. Finally, we may also disclose information in order to enforce or apply our Terms and Conditions and other agreements or to protect the rights property or safety of Tappa, its customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
8.7 Anonymous Information
• Aggregated Anonymous Information (AAI) is the combination of your
Anonymous Information with the Anonymous Information of other users. AAI does not allow you to be identified or contacted. We may share such AAI with third-parties, and, depending on the circumstances, we may or may not charge third-parties for such information or limit the third parties’ use of the same.
8.8 Business Transactions
8.9 Third Party Marketing
As referred to in section 6.1.10, Tappa may disclose your information to carefully selected partners which Tappa thinks may be of interest to you. These companies may contact you for marketing or promotional purposes.
9. LOCATION OF YOUR INFORMATION
9.1 Your Personal Information may be disclosed to Tappa Ltd entities and third-parties in jurisdictions including, but not limited to: all states comprising the European Union, Russia, Belarus and the United States of America.
9.2 Consequently, the data that Tappa collects from you may be transferred to, and stored at, a country that is not considered to offer an adequate level of protection under your local laws. It may also be processed by staff operating outside your country who work for Tappa or for one of its suppliers, service providers or partner entities. By submitting your Personal
Information, you acknowledge, and, where necessary under local laws, agree to, this transfer, storing or processing.
10. YOUR RIGHTS
10.1 Subject to applicable law, you may have some or all of the following rights in respect of your Personal Information:
10.1.1 Access to own Personal Information: You may have the right to request an overview of your Personal Data in accordance with applicable law. In such a case, where reasonably possible, the overview shall contain information regarding the source (if reasonably available), type, purpose and categories of recipients of the relevant Personal Information. You may also have the right to obtain a copy of the Personal Information held about you. Such right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law, for instance where you request multiple copies of your information.
10.1.2 Accuracy and right of rectification: Tappa seeks to ensure that your Personal Data is accurate, complete and kept up-to-date to the extent reasonably necessary for the purposes described herein. If the Personal Information is incorrect, incomplete or not processed in compliance with applicable law or this Policy, you may have the right to have your Personal Information rectified, deleted or blocked (as appropriate) in accordance with applicable law.
10.1.3 Right to object to or withdraw consent: In certain circumstances (e.g., where your Personal Information is processed on the basis of Tappa’s legitimate interests), you may have the right to object to the processing of your Personal Information on the basis of compelling grounds related to your particular situation and in accordance with applicable law. For instance, you may have the right to request that Tappa does not process your personal data for marketing purposes. In such a case, you can control your initial marketing preferences by ticking the relevant box situated on the form on which your data is collected (the registration form). Thereafter, you can follow the opt-out links or unsubscribe directions in emails or SMS messages.
If the processing of your Personal Information is based on your consent, you may have the right to withdraw your consent to such processing at any time. It is worth noting that the withdrawing of consent has no impact on earlier processing on such basis, and does not prevent Tappa from invoking another legal basis for the processing of the relevant Personal Information. 10.1.4 Right to lodge a complaint: You may have the right to lodge a complaint before the relevant data protection authority or supervisory authority.
10.2 To exercise these rights, where applicable, please contact Tappa at email@example.com or use the appropriate functionality in the App or Site. In this context, Tappa requests that you provide it with one form of photographic identification so that Tappa can verify your identity.
10.3 From time to time Tappa may post links to third-party websites on either the Site or the App or both. These links are provided as a courtesy and are not administered or verified in any way by Tappa. Such links are accessed by you at your own risk and Tappa makes no representations or warranties about the content of such websites including any cookies used by the website operator. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Tappa does not accept any responsibility or liability for these policies. As a result, Tappa strongly recommends that you read the privacy policies of any third- party websites.
• Neither the Site nor the App are directed or targeted to juveniles
under the age of 18 and Tappa does not knowingly collect personally identifiable information from juveniles under the age of 18. Tappa requires users under 18 years of age to obtain the consent of a parent or guardian, to view the Site or use the App. If Tappa learns that a person under 18 years of age has provided personally identifiable information to the Site, it will use reasonable efforts to remove such information from its files. No part of our Service is directed towards juveniles under the age of 18. Please contact us at firstname.lastname@example.org if you are aware of personal information being provided by a person below the age of 18.
welcomed and should be addressed to email@example.com.
A Data Protection Officer responsible for monitoring Tappa’s compliance with EU data protection laws will respond to your enquiry.. The Data Protection Officer can be contacted at firstname.lastname@example.org.
APPENDIX 1: RUSSIA
You hereby understand and agree, that in certain cases you may be additionally asked to sign written consent for data processing necessary to provide services in compliance with applicable legislation (e.g. under Russian Federal Law No. 152-FZ “On Personal Data” dated 27 July 2006). You hereby understand and acknowledge, that if personal data consent is not provided, it is likely that we will not be able to provide you with services.
APPENDIX 2: US
California Privacy Rights
Under California’s “Shine the Light” law, Cal. Civil Code § 1798.83, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, email address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (ii) the names and addresses of all such third parties. To request the above information, California residents can email us at email@example.com. California residents should include their name, California address, and the nature of their request in all correspondence.