Date: July 16, 2018
SECTION 1 – APPLICABLE USERS
SECTION 2 – SCOPE OF POLICY
SECTION 3 – INFORMATION COLLECTED
1. Information Provided. This may include:
1.1. General and Personal Information: You may provide the Company with certain categories of information, which we may collect this information through various forms and in various places through the Services, including account registration forms, contact forms or when you otherwise interact with us. Such information may include personal information that could reasonably be used to identify you personally (collectively, "Personal Information"). This may include your name, phone number, email, address, payment or banking information (including related payment verification information), login name and password, government identification numbers, birth date, photo and signature. This may also include the preferences and settings that you enable for you to access one or more accounts with the Company. This information may be collected by a vendor on Company’s behalf, including its dispatch technology provider (which may include Mobile Knowledge Systems, Inc.), who are required to comply with the rules of GDPR in the collection, handling and use of your information.
1.2. Driver insurance & background information: We may collect vehicle or insurance information of drivers, as well as background check information if you sign up to use Company services as a driver. This may include information such as your driver history (where permitted by law). This information may be collected by a vendor on the Company’s behalf.
1.3. Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties.
1.4. User profiles and accounts: When you sign up to use the Services, you may be required to create a user profile. The current data fields which you are required to complete in order to access the Services include, minimally, your e-mail, password, name, mobile phone number, post code, and credit card number, expiration date, security code, or other digital payment accounts. If you choose to upload a photo when registering for our Services, the photo may be viewable by us and by the drivers who are picking you up so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account.
2. Information Created When You Access And Use Our Services. This may include:
2.1. Usage information: We may collect information concerning your access and use of the Services ("Usage Information"), such as the browser that you are using, the URL that referred you to our Services, traffic data, logs and other communication data, the time of day, areas within our Services that you visit, and the resources that you access and use on or through the Services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers.
2.2. Tracking information: Depending on the Services you use, tracking information may be collected as you navigate through our Services, including, but not limited to, your precise or approximate location information as determined through data such as GPS, IP address or WiFi. If you are traveling in a vehicle requested via our Services, location information will be collected from the driver during your trip, even if you have not enabled your own mobile device or Mobile Applicable to collect your location information. If you are traveling in a vehicle requested via our Services, the driver's mobile phone or other in-vehicle equipment may send your GPS coordinates, during the ride, to our servers. We may also have features that allow you to share this information with other people (such as your family, friends or colleagues) if you choose.
2.3. Device information: We may collect information about the devices you use to access the Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, advertising identifiers, serial numbers, device motion information, mobile network information, device IP address or other unique identifier ("Device Identifier").
2.4. Transaction information: We collect transaction details related to your use of the Services, including the type of services you requested or provided, your order details, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses a promotion code we provide or may provide to you in future, we may associate your name with that promotion.
2.5. Communications data: Certain Services enable users to communicate with each other and/or the Company. To provide this service, Company may receives some information regarding the calls or texts, (including the date, time and content of the call or text). Company may also use this information for customer support services (including to resolve disputes between users, payment disputes, or chargebacks), for safety and security purposes, to improve our products and services, and for analytics. This information may be collected by a vendor on CMT’s behalf.
4. Information You Provide About A Third Party. If you choose to use our referral service to tell a friend about our Services or an employment or service position, we may ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him/her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address and name may be included in the communication sent to your friend.
6. Information Permissible for Collection Through Specific Technologies. Several technologies are or may be used for automatic information collection, including:
6.2. Web Beacons. The web beacons are tiny graphic images or other web programming code with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. Web beacons (also known as clear gifs, pixel tags, single-pixel gifs or 1x1 GIFs) may be included in our web and mobile pages and messages. In contrast to cookies, which are stored in a user's Device hard drive, web beacons are embedded invisibly on Web pages. The purpose of web beacons or similar technologies is to help us better manage content on our Services by informing us what content is effective, and by helping us to count users of the Services, monitor how users navigate the Services, count how many e-mails that we send were actually opened, count how many particular articles or links were actually viewed, and for other related app statistics (for example, verifying system and server integrity and recording the popularity of certain app content). We do not tie the information gathered by web beacons to your Personal Information.
6.3. Embedded Scripts. An embedded script is programming code the purpose of which is to collect information about your interactions with the Services, such as the links you click on. This programming code is temporarily downloaded onto your Device from our web server or a third party service provider, and is deactivated or deleted when you are no longer connected with the Services.
SECTION 4 - HOW DO WE USE THE INFORMATION COLLECTED?
7. SUBJECT IN ALL CASES TO SECTION 9 AND THE GDPR, we use your information to:
7.1. process your registration with the Services, including verifying your information is active and valid,
7.2. provide the Services to you and closely monitor which features of the Services are used most,
7.3. allow you to view your trip history,
7.4. store your credit card information on a secure page,
7.5. allow you to view any promotions we may currently be running,
7.6. allow you to rate trips,
7.7. determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources,
7.8. provide you with information or services or process transactions that you have requested or agreed to receive including (a) to send you electronic newsletters, or (b) to provide you with special offers or promotional materials on behalf of us or Third Parties,
7.9. respond to your inquiries,
7.10. improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you,
7.11. operate, evaluate and improve our business (including developing new products and services; enhancing and improving services; managing communications; analyzing products; and performing accounting, auditing and other internal functions),
7.12. enable you to participate in a variety of the Services' features such as online or mobile entry sweepstakes, contests or other promotions, and communicate with you about, and administer your participation in, special events, programs, offers, surveys and market research,
7.13. contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services' policies,
7.14. use for internal business purposes,
7.15. for inclusion in our data analytics (including anonymization and aggregation of personal information for data analysis),
7.16. protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities,
7.17. comply with and enforce applicable legal requirements, relevant industry standards and our policies,
7.18. for purposes disclosed at the time you provide your information, or
8. Mobile Applications. In addition to the purposes outlined in Section 7, we may additionally use information collected by the Mobile Application (including the Mobile Device Information) in order to, amongst other:
(a) Operate and improve our Services (including the Mobile Application), our company's services, systems and tools
(b) Carry out statistical analyses relating to our business, services, systems and tools
(c) Investigate fraud, chargeback or other problems related to payment or other Services
(e) Create aggregated and anonymized information to determine which Mobile Application features and other Services are most popular and useful to users
(f) Customize the content or services on the Mobile Application for you or the communications sent to you through the Mobile Application.
We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. In addition, information collected through cookies, web beacons and other automated means may be used for purposes such as (i) customizing users’ visits to our Mobile Application, websites or portals, (ii) delivering content (including advertising) tailored to users’ interests and the manner in which users browse use our Services (including any Mobile Application, website or portal), and (iii) managing our business. Data collected through automated means may be supplemented with information about your location (such as your zip code) to provide you with content that may be of interest to you. This information may also be used to help diagnose technical and service problems, administer or identify users of any of our Mobile Application, website or portal, and gather demographic information about users. Clickstream data may be used to determine how much time users spend on screens using Services, how users navigate through the Services and how the Services may be tailored to better meet the needs of users.
9. Geo Location Data. Geo location data may be used for you to be able to view the drivers in your area that are close to your location, for you to set your pick up location (which is the location from which you wish to be picked up) so that a driver knows where to pick you up, and to allow you to receive and share promotions and offers if, as and when such features are available.
10. Transportation Data. The Company provides some of your Personal Information (such as your first name and your photo, if you have chosen to upload your photo to your profile) to the driver/partner who accepts your request for transportation so that the driver may contact and find you and (to the extent such a feature is available) to other users with whom you have consented to split the fare with for a particular trip. If there is a Third Party for which drivers work (that are providing the transportation service), such as for example a taxi fleet, this Third Party is or may also able to access your Personal Information, including your geolocation data. We collect transportation information for various purposes - including to determine the charge or estimated charge for the transportation or other service you requested via our Services, to provide you with support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.
SECTION 5 – HOW WE COMMUNICATE WITH YOU
11. Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email, telephone or SMS or text message, in accordance with your wishes. Please note that information submitted to the Services via a "contact us" or other similar function may not receive a response.
12. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
SECTION 6 – WHEN INFORMATION IS DISCLOSED TO THIRD PARTIES AND THIRD PARTY LINKS
13. We may disclose personal information that we collect or you provide: (a) to the subsidiaries and affiliates of the Company, (b) to comply with any court order, law or legal process, including to respond to any government or regulatory request, contractors, service providers and other third parties we use to support our business, (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction), (d) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about its users is among the assets transferred, (e) to enforce our rights arising from any contracts entered into between you and us, including without limitation the Terms and Conditions, and for billing and collection, (f) to third parties to market or sell their products or services to you if you have consented to such disclosures, (g) to fulfill the purpose for which you provide such information (for example, if you give us an e-mail address to use an “e-mail a friend” or similar feature, if available, we will transmit the contents of that e-mail and your e-mail address to the recipients), (h) for any provider of payment, technology and/or transit services associated with the Services, (i) for any other purpose disclosed by us when you provide the information, and/or (j) with your consent.
16. Administrative and Legal Reasons.
16.1. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate to:
(a) satisfy any applicable law, regulation, subpoenas, governmental requests or legal process,
(b) protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof,
16.2. protect the safety, rights, property or security of the Company, our Services or any Third Party,
16.3. protect the safety of the public for any reason,
16.4. detect, prevent or otherwise address fraud, security or technical issues, and/or
16.5. prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.
19. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, we may use such Personal Information to administer such Promotion (or enable a third party to help us carry out the administration of such promotion), including in order to select a winner, carry out prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as to list and display your name on a participant’s or winner’s list.
20. Content of and Links to Third Parties. Our Services (including any website or Mobile Application) may provide links to other websites and applications for your convenience and information. These websites and applications may operate independently from us. Linked sites and applications may have their own privacy notices or policies, which we strongly suggest you review. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties. To the extent any linked websites or applications are not owned or controlled by us, we are not responsible for the sites’ or applications’ content, any use of the sites or applications, or the privacy practices of the sites or applications.
SECTION 7 - WHAT ABOUT INFORMATION YOU DISCLOSE PUBLICLY?
SECTION 8 - SOCIAL MEDIA FEATURES AND WIDGETS
SECTION 9 - SPECIAL INFORMATION FOR EU USERS
The processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”) as of May 25, 2018. This section provides information as relates to EU users’ rights, and CMT’s responsibilities, under this regulation.
22. EU User Rights. If you are an CMT user in the EU, you have the following rights with respect to CMT’s handling of your personal information. To exercise these rights, please see below or submit your request at firstname.lastname@example.org. Users outside the EU may also request explanation, correction, deletion or copies of their personal data at the same email address.
22.1. Explanation and copies of your data. You have the right to request an explanation of the information that CMT has about you and how CMT uses that information. You also have the right to receive a copy of the information that CMT collects about you if collected on the basis of consent or because CMT requires the information to provide the services that you request.
22.2. Correction. If CMT has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled “Explanation, Copies and Correction” below for more information on correcting, or requesting correction of, your information.
22.3. Deletion. Users may request deletion of their accounts at any time. Users may requests deletion through the Privacy Settings menu in the CMT app, or via CMT’s website. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the “Information Retention & Deletion” section above for more information regarding CMT’s retention and deletion practices.
22.4. Objections and complaints. Users in the EU have the right to object to CMT’s processing of personal data, including for marketing purposes based on profiling and/or automated decision making. CMT may continue to process your information notwithstanding the objection to the extent permitted under GDPR. You may also submit questions, comments or complaints to CMT’s Data Protection Officer here support@goCMTUK.com.
23. Grounds for Processing. The GDPR requires that we process the personal data of EU users on the basis of specific legal grounds. CMT processes the information of EU users based on one or more of the grounds specified under the GDPR, as described below:
23.1. The processing is necessary to provide the services and features you request. CMT must collect and use certain information in order to provide its services. This includes:
(a) User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about your trips, orders and accounts; and to enable you to make payments or receive earnings.
(b) Driver background check information necessary to enable drivers to provide transportation services through the CMT app.
(c) Driver location information, which is necessary to match drivers with riders, and to track trips while in-progress and suggest navigation.
(d) Transaction information, which is necessary to generate and maintain in connection with your use of CMT’s services.
(e) Usage information, which is necessary to maintain, optimize and enhance CMT’s services, including to determine, sometimes in combination with other information, incentives, connect riders and drivers, and calculate costs of trips and driver earnings.
(f) Collection and use of this information is a requirement for using CMT’s apps.
23.2. The processing is necessary to protect the vital interests of our users or of others. CMT may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
23.3. The processing is necessary for CMT’s legitimate interests. CMT collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information to:
(a) prevent, detect and combat fraud in connection with the use of our services (for example, CMT uses user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud CMT or other users);
(b) maintain and enhance our users’ safety and security (for example, by monitoring chargeback events) and prevent use of our services by users who have engaged in inappropriate or dangerous behavior (for example, by retaining information of banned users to prevent their use of CMT’s apps);
(c) provide customer support;
(d) inform law enforcement officials regarding criminal acts or threats to public safety;
(e) optimize or enhance existing products and/or services, or develop new products and/or services. This includes, for example, improved driver navigation and efficiency (including through the communication of information, such as anticipated duration of airport taxi queue lines, for example), and enhancing riders and driver matches based on past feedback or conduct in connection with either or both;
(f) enforce CMT’s terms and conditions.
(g) CMT’s collection and use of personal information to the extent necessary for its legitimate interests also includes collecting and using information for: (i) research and analytical purposes (for example, to analyze usage trends to improve the user experience and enhance the safety and security of our services), and (ii) direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
23.4. The processing is necessary for the legitimate interests of other persons or parties. CMT collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. CMT may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.
23.5. The processing is necessary to fulfill CMT’s legal obligations. CMT is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, CMT is subject to laws and regulations in many cities and countries that require it to collect and retain information about your trips, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. CMT uses your information to comply with such laws to the extent they apply to your use of the CMT apps. CMT may also share information with law enforcement, or requests by third parties pursuant to legal processes. For more information about such sharing, please see CMT’s Guidelines for Law Enforcement Authorities in the United States, Guidelines for Law Enforcement Authorities Outside the United States, and Guidelines for Third Party Data Requests.
23.6. Consent. CMT may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent. Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of CMT’s apps. CMT may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent, and will be deleted once no longer necessary for the purposes collected.
24. You are responsible for maintaining the accuracy of the information you submit to us at all times, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through support@goCMT UK.com.
25. You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through support@goCMT UK.com.
26. We may retain your Personal Information and Usage Information (including geolocation) for as long as your account with the Services is active and as needed to provide you services.
27. Even after your account is terminated, we may retain your Personal Information and Usage Information (including geolocation, trip history, credit card information and transaction history) as needed to comply with our own or our affiliates’ legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other legally permissible grounds pursuant to GDPR.
SECTION 10 - CHILDREN
28. The Company cares about the safety of children. Because our Services are not directed toward minors, no one under 18 is allowed to register for use of the Services. We do not knowingly collect Personal Information from anyone under the age of 18. If we discover that we have collected Personal Information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at email@example.com.
SECTION 11 - SECURITY OF DATA
29. The credit card information you provide in your personal profile at sign-up is not stored by CMT UK, but is stored and used by our third party credit card processors in order for them to process payment that you owe Third Parties for transportation services received by you. The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information - such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geolocation information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We require that you not disclose your password to anyone.
SECTION 12 - EXPLANATIONS, COPIES AND CORRECTION
You may request that CMT:
Provide an explanation regarding the information CMT has collected about you and how it uses that information.
Make available a copy of the information CMT has collected about you.
Make a correction of any inaccurate information that CMT has about you, which you can provide in supporting written documentation.
You can make these requests by contacting CMT at support@goCMTUK.com.
You can also edit the name, phone number and email address associated with your account through the Settings menu in CMT’s apps. You can also look up your trips, orders and deliveries history in the CMT apps.
SECTION 13 - MARKETING OPT-OUTS
You may opt out of receiving promotional emails from CMT here. You may also opt out of receiving emails and other messages from CMT by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your rides or information about your account.
SECTION 14 - UPDATES TO THIS POLICY
We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the CMT apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy. We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.