This HERE Mobility Drive App Privacy Notice (“Privacy Notice”) describes our practices with respect to your information when you use the HERE Mobility Drive App and its related services (collectively, the “Service”). The Service is owned and operated by HERE Global B.V., or one or more of its direct or indirect affiliates (collectively, the “Company,” “we,” or “us”).
The Service is made available to you in connection with your position as a driver of a vehicle in a fleet of vehicles whose owner/manager/operator contracted with the Company in order to use certain of Company’s Mobility Products (“Mobility Products”) to manage, operate, control, optimize and administer its fleet and communicate with you via the Service (“Fleet Owner”).
Please read this Privacy Notice carefully before accessing and using the Service. You should promptly contact your Fleet Owner if you do not wish to use the Service.
We respect and take your privacy seriously. This Privacy Notice describes the types of information we may collect relating to you (whether from you directly and actively, from your Fleet Owner or other third parties who use the Service (e.g. passengers to whom you provide your transportation services) or that you may provide to us when you download, install, use, register for, or transact for services via the Service). This Privacy Notice also describes our practices for collecting, storing, using, maintaining, protecting, disclosing, and disposing of such information. This Privacy Notice is also aimed to assure you of our firm commitment to safeguarding the privacy and security of your personal information which we collect in connection with the Service, including information you provide, and information we obtain from other sources.
With respect to Personal Data collected by us through the Service from you, HERE Global, B.V. is an independent controller and your Fleet Owner is an independent data controller. The term “Personal Data”, as used in this Privacy Notice, means any information relating to you where (i) you are identified (e.g. your name, phone number, etc.); or (ii) where you could be reasonably identified (e.g. by reference to device IDs, online identification numbers or persistent cookie identifier etc.).
The contact information for our Data Protection Officer is located at the bottom of this Privacy Notice.
1. General Background
What This Means: The Service is a mobile application that enables you, as a driver, to connect with prospective passengers and your Fleet Owner, and as such it requires the collection and sharing of your Personal Data.
The Service is designed to enable the interaction and communication between you and the dispatcher of your Fleet Owner for the purpose of facilitating rides to prospective passengers who wish to book a ride. Your use of the Service will result in sharing your location and other Personal Data with such passengers, your Fleet Owner (and its representatives such as dispatchers) and other third parties as set forth in this Privacy Notice. While we take steps to safeguard your information, we have no control over how other users and the public at large may use the information you share while using the Service. Collecting your information and sharing it with others is inherent in the Service. If your Fleet Owner has already created an account for you, and you would like to terminate it, please contact your Fleet Owner or the Company at firstname.lastname@example.org.
Please note that certain features of the Service may depend on the manner in which you access the Service. Different mobile device models and Service software versions may include different features.
2. Information We Collect and How We Use the Information
What This Means. We collect information about your use of the Service and your mobile device as well as Personal Data your Fleet Owner and you provide while using and registering for the Service. We use that information as described in this Privacy Notice.
2.1 Legal Basis for Processing.
2.1.1. To provide the ServiceWe collect and process your Personal Data in order to provide you with the Service in accordance with our contract with you comprised of the Drive App Terms. For example, we collect your location information in order to track you while you drive so that your Fleet Owner will know where you are and will be able to assign rides to you. In order for us to provide you with the Service, we have to process your Registration Information, Device and Technical Information, Location Data and Travel Routes and Support Information (each as further described below).
(a) Registration Information
We collect your name and phone number directly from your Fleet Owner prior to your access and usage of the Service. In addition, your Fleet Owner provides us with your specific driver and vehicle fleet identification numbers. We may also collect your email and photo if your Fleet Owner chooses to provide it to us. This Personal Data is required to create and register your account with us so that you will be able to use the Service. If you wish to edit any information that is part of your account, please contact your Fleet Owner.
(b) Device and Technical Information
In addition to Personal Data that we receive from you or your Fleet Owner, once you download and install the Service, and before you sign up for the Service, we will collect your data, including certain device information that includes your device ID or any other unique identifier, advertiser ID (if applicable), publisher ID (if applicable), the device on which you installed the Service, device type and model, device manufacturer, operator, Service version, operating system and version, browser type and version, city, language, postal code, IP address, local time, battery level, push notification settings, screen resolution, memory, battery level, time zone, and if your GPS and push notifications is enabled/disabled in your Service.
(c) Location Data and Travel Routes
The purpose of the Service is to facilitate the provision of your transportation services to passengers and provide you with navigation services. To do so, we need to know where you are. The Service collects and uses information about your actual geographic location (“Location Data”). Location Data reveals where you currently are or where you have been. Location Data is based on available positioning methods, such as Assisted GPS. In many mobile device models, the user interface of the Service identifies the use of positioning with an arrow icon.
In addition, the Service will track your geolocation in order to allow your Fleet Owner and us to match you with prospective passengers in your vicinity, and to allow us to derive information about traffic and road conditions based on your driving routes.
When you grant us permission to access your Location Data, we will use it for purposes of:
- enabling navigation and providing driving routes and times of travel from one destination to another;
- receiving relevant rides from dispatchers (e.g., your Fleet Owner and/or its representatives); and
- letting passengers who booked a ride with you, know where you are in real time.
Your current location will be presented to you on the map, enabling you to extract your current location to engage in navigation from or back to that location. We share your Location Data with your Fleet Owner (and/or its representatives) so that they will know where you are in real time.
When you enabled your Location Data and the Service is active, we access and collect your Location Data. You can configure the Service (via your mobile device’s settings) to collect this information always or only while the Service is open and active. You have the ability to disable the location feature of the Service all together via your mobile device’s settings at all times. However, should you do so, the Service will not function or operate as intended.
The Service includes the following statuses:
(1) A “Free” status. You should use this option when you are on duty and are available to provide transportation services to passengers. When you enable the “Free” status, your Fleet Owner and we will be able to determine your current location; and
(2) An “Off-Duty” status. You should use this option when you are off duty and are not available to provide transportation services to passengers. When you enable the “Off-Duty” status, your Fleet Owner and we will not be able to determine your current location. Once you update your status to any other status, your Fleet Owner and we will be able to determine your current location.
In addition, your Fleet Owner (and/or its representatives) will have your status as “On a Ride” status, when you accept a ride dispatched to you or start a street hailing ride. When you are on this status, your Fleet Owner and we will be able to determine your current location.
If you fully disable the Service or disable the location features of the Service, then neither we nor your Fleet Owner will know your current location.
(d) Support Information
When you interact with us via support or feedback, we will also collect certain Personal Data generated by your use of the Service or Personal Data that you choose to share with us to better respond to your inquiries. Such information may include, rides you took, and your last known location. We may, in accordance with applicable law, record your communication with our support team or with other similar contact channels.
(e) Additional Information
Once you login to the Service, we may request and you may provide additional information, for example, if you pick up a passenger that hailed you on the street then you will be asked to provide us with certain information such as the destination of the ride. In addition, at the end of the ride, you will be asked to provide the final fee for the ride.
2.1.2. In our legitimate interests.In some circumstances, it may be necessary for us to process your Personal Data for the legitimate interests of our ongoing business operations or the operation of the Service. Where we rely on a legitimate interest to process your data, we will only do so when our interests are not outweighed by your individual rights and freedoms.
Our legitimate interests are:
- Investigating, preventing, and protecting against fraud, security risks, threats to you and others, and violations of this Privacy Notice or the Drive App Terms;
- Protecting and defending our rights and properties, including intellectual property rights;
- Complying with laws and regulations that apply to us, as well as responding to requests from law enforcement or government authorities or as otherwise required by law;
- Providing an optimized and enhanced user experience;
- Maintaining and improving the Service;
- Developing new services and features for our users; and
- Communicating with you regarding the Service and, as appropriate, promoting and advertising certain functions available within the Service.
2.1.3. With your Consent. There is certain data which we will only use if you choose to share it with us. If you choose to share this data with us, we will use it for the following purposes only. You have the right to withdraw your consent at any time. We process the following data on the basis of your consent: Push Notifications and Usage Analytics.
(a) Push Notifications
You will be asked to allow us to send you push notifications via the Service. We ask you to grant us with this permission for the purpose of enabling us to send you new ride requests, ride changes and cancelations; and communicating with you about the Service.
(b) Usage Analytics
When you use the Service, we collect information related to your usage patterns including your activity time, ride histories, time stamps, the duration of your use of the Service, your clicks, and error diagnostics, including start and stop events, menu items accessed, and features selected or default values changed. Error diagnostics includes information about error situations, for example which actions led to the error. We collect this information when you have given us your express consent, to provide you with a better experience while using the Service and to provide you with technical support. Please note that we consider you to have given us your express consent when you enter your phone number in the Service and tap the “Next” button.
2.1.4 To comply with our Legal Obligations. At times we will process your Personal Data where it is necessary for compliance with our legal obligations, including fulfilling our obligations to you.
If you want to learn more or edit your preferences, please email us at email@example.com.
2.2 Third Party Elements and Related Technologies
We use elements such as SDKs and other similar technologies for purposes such as: to operate and improve the Service and its related services, and the behaviors and interests of the Service’ users. We may use elements provided by third-parties such as SDKs, and other similar technologies that are placed by these third parties on our behalf to identify your device and other information when you use the Service. Third parties use of SDKs, and other similar technologies is governed by the privacy notices of those third parties, and this Privacy Notice does not apply to the data processing activities of those third parties. We do not control how third-party partners process your data, and we encourage you to visit their websites to learn more about their privacy practices.
We use Amplitude for Service analytics and to determine which areas of the Service users like and don’t like, based on traffic to those areas, and which allows us to collect metrics on how users interact with the Service. This helps us continue to build a better service for you. You can learn more about how Amplitude protects your Personal Data by clicking here: https://amplitude.com/privacy.
If you want to learn more, please email us at firstname.lastname@example.org.
2.3 How your non-Personal Data is otherwise processed
Please note that we may use and/or share your non-Personal Data, including in aggregated form, without restriction, including with existing and prospective third-party business partners, researchers and advertisers.
3. How Your Personal Data is Shared or Disclosed
What This Means. Sharing information is integral to the Service. Some of your information (including information that can identify you personally) will be shared with third parties, including your Fleet Owner, its representatives, passengers, our business partners, and more. We do not control their use of your information.
3.1 With Passengers
When you use the Service, and in order to provide your transportation services, passengers can see information about you, as follows: when a passenger books transportation services from your mobility fleet and you are the driver assigned by your Fleet Owner (or any representative on its behalf), we will share your name, phone number, location, vehicle details, and photo (if available).
3.2 With Your Fleet Owner (and/or any representative on its behalf)
When you use the Service as a member of the Mobility Fleet of your Fleet Owner, we will share, all your activities while using the Service, including without limitation, when and where you pick up and drop off passengers, your routes, and your status (Free or Off-Duty).
3.3 With Third Parties that Provide Passengers the Ability to Book Transportation Services Through Us
When you use the Service, and in order to provide your transportation services, third parties (and their representatives) that use our technology to provide passengers with the ability to book your transportation services, may, in certain circumstances, see information about you, as follows: when these third parties (and/or their representatives) book transportation services from your mobility fleet and you are the driver assigned by your Fleet Owner (or any representative on its behalf), we will share your name, phone number, location, vehicle details, and photo (if available).
3.4 With Affiliated Companies
We will share information with our affiliated companies, to the extent they are providing us with services, as may be required for the purposes of processing as described above or otherwise as specifically described in this Privacy Notice.
3.5 With Authorized Third Parties
We share Personal Data with authorized third parties we use to process the Personal Data for purposes described in this Privacy Notice. These authorized third parties are not permitted to use your Personal Data for any other purposes. We require them to act consistently with this Privacy Notice, to treat your Personal Data as confidential, and to use appropriate security measures to protect your Personal Data.
The following are the categories of third party service providers that we use: (i) analytics and product optimization tools; (ii) hosting services; and (iii) technical support services.
3.6 Mergers and Acquisitions
If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing Personal Data to prospective or actual purchasers and their advisers, or receiving Personal Data from sellers and their advisers.
3.7 As Required by Law or in Relation to Legal Proceedings
We may be obligated by mandatory law to disclose your Personal Data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we, your Fleet Owner, or third parties acting on our behalf operate. We may also disclose and otherwise process your Personal Data in accordance with applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings.
We do not sell, rent, or otherwise share your Personal Data with third parties, except as described in this Privacy Notice.
4. How We Store and Transfer Information
What This Means. Your Personal Data is retained as long as your account remains active, or as otherwise necessary for protecting our legal rights or complying with our legal obligations.
We will retain your Personal Data related to your account for as long as your account is active, and to comply with our legal obligations, resolve disputes, and enforce the Drive App Terms. After you close your account, we may retain your data for up to thirty (30) calendar days to allow us a reasonable time to properly close your account (or, if longer retention of certain data is required under law, we will retain such data for such longer period of time). After such period, we will move your data to a ‘Legal Compliance Only’ folder and will retain your data or any part thereof, solely as required or otherwise permitted under applicable law, whichever is shorter. Our longest retention period is ten years for financial information and contracts. Once this period has expired, we will delete your data.
If your data is being used, in aggregated format, for business purpose, this will not be deleted. Such aggregated data includes, for example, historical usage of the Service. You will not be identifiable from this data.
For more information on your choices around erasure and portability of data, see Section 7 below.
5. Data Transfer
What This Means. Your information, including Personal Data might be transferred outside the country where you use the Services.
The Service may be provided using resources and servers located in various countries around the world. Therefore, your Personal Data may be transferred across international borders outside the country where you use the Service. For European users, this means that data may be transferred to countries outside the European Economic Area (EEA) or Switzerland that do not have laws providing specific protection for Personal Data or that have different legal rules on data protection, for example, the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your Personal Data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures. If you have any questions about the transfer of your data to other countries, please email us at: Mobility_support@here.com.
6. How We Protect Your Information
What This Means. We use standard industry protocols and technology to protect your Personal Data
The Service incorporates safeguards designed to protect the security, integrity, and privacy of the Personal Data we have collected. We have put in place reasonable precautions to protect information from loss, misuse, and alteration, including Secure Socket Layer (SSL) technology on the Service. When we collect Personal Data from you when using the Service, such information is encrypted and transmitted in a secure way. Please note that while we take steps to safeguard your Personal Data, we have no control over how other users of the Services and the public at large may use the information you choose to share while using the Service.
7. Your rights
What This Means. You may have certain rights with respect to your Personal Data, including without limitation, a right to access, correct, amend, and delete your Personal Data.
If applicable law grants you such rights and subject to the limitations in applicable law, you may have the following rights in relation to your Personal Data:
- Right of access to your Personal Data. This enables you to receive a copy of Personal Data that we hold about you.
- Right of correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data that you provide to us.
- Right to deletion of your Personal Data. This enables you to ask us to delete or remove Personal Data in certain circumstances. Please note, however, that we may retain your data in certain circumstances in accordance with law, which will be notified to you, if applicable, at the time of your request.
- Right to stop us processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you would like us to establish the accuracy of such data; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Right to portability of your Personal Data to you or to a third party. If you so request, we shall provide you, or a third party that you have chosen, with a copy of certain Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to information that you initially provided consent for us to use or where we used the information to perform our contract with you.
- Right to object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground and we will consider whether we have compelling reasons to continue to process your data.
- Right to object to direct marketing You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Right to withdraw consent at any time where we are relying on consent to process your Personal Data. If you withdraw your consent, we may not be able to provide certain products, content or services to you. You may always be able to opt out of receiving marketing emails from us by clicking on the unsubscribe link which is part of the email you receive.
If you wish to exercise these rights, please email us at: Mobility_support@here.com.
8. Modifications to this Privacy Notice and to the Service
What this Means. We reserve the right to modify this Privacy Notice, and we will notify you and ask for your consent through the Service in case of modifications that materially change the treatment of Personal Data.
We may modify this Privacy Notice at any time, at our discretion, and modifications are effective upon being posted on any part of the Service, the next time you use the Service whether by pop-up notification or otherwise. Such modifications will not change the scope of our collection or use of your Personal Data collected before such modifications. The date on which this Privacy Notice was last revised is identified at the top of the page. If we make material changes to how we treat your Personal Data, we will also ask for your consent to such changes through the Service. In case you choose not to provide your consent upon a material change, we may need to close your account.
9. Contacting Us
What this Means You may contact us either via email or post mail at these addresses.
Questions or concerns about this Privacy Notice can be directed to us via email at email@example.com, or at:
HERE Global B.V
Kennedyplein 222 -226
5611 ZT Eindhoven
The Company’s Data Protection Officer can be contacted at:
HERE Deutschland GmbH
If you are not satisfied with the Company’s response or believe we are processing your Personal Data not in accordance with the law, you have the right to lodge a complaint with your local Data Protection Authority. Contact information for your local Data Protection Authority can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.