Mobility API Privacy Privacy
This Mobility Demand API Privacy Policy (“Privacy Policy”) describes HERE Global B.V., or one or more of its direct or indirect affiliates (collectively, “HERE”, “Company,” “we,” or “us”) practices with respect to your information when you use the HERE Mobility services that provide you with the ability to request and book transportation and any similar services (collectively, “Transport Provider Services”), and/or track the Transport Provider Services,and may include additional services and/or products (“Services”) that are made available to you by HERE via the BANCOLOMBIA S.A. (“Partner”) owned NEQUImobile app (“NEQUI App”), whether in connection with the brand name “HERE Mobility” or otherwise (“Services”).
We respect and take your privacy seriously. This Privacy Policy describes the types of information we may collect relating to you (whether from you directly and actively, from the Partner or other third parties who use the Services (e.g. drivers who provide you with the Transport Provider Services) or that you may provide to us when you use the Services. This Privacy Policy also describes our practices for collecting, storing, using, maintaining, protecting, disclosing, and disposing of such information. This Privacy Policy 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 Services.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in the Mobility Demand API Terms of Use (“Terms”), to which this Privacy Policy is incorporated by reference.
Please note that the Partner acts as data controller for your Personal Data and we act as data processor for your Personal Data. To this end, the Partner authorizes us to access, collect and process your Personal Data on their behalf, as further described below in this Privacy Policy. For more information about how the Partner treats and shares your Personal Data, please refer to the Partner privacy policy which you accepted when you downloaded, installed and accessed the NEQUIApp, to understand more about how it will treat the Personal Data you provide to it. We are not responsible for the privacy practices of the Partner and we recommend you read its privacy notices. The term “Personal Data”, as used in this Privacy Policy, means any information relating to you where you are identified or where you could be identified with reasonable efforts or together with additional information, we have access to, or may be of private or sensitive nature relating to an identified or identifiable individual.
WE URGE YOU TO READ THIS PRIVACY POLICY AND MAKE SURE THAT YOU FULLY UNDERSTAND AND AGREE WITH IT. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DISCONTINUE AND AVOID USING THE SERVICES.
Table of Contents:
1. General Background
2. Information We Collect and How We Use the Information
3. How Your Personal Data is Shared or Disclosed
4. How Long Do We Store Information?
5. Data Transfer
6. How We Protect Your Information?
7. Your Rights
8. Modifications to this Privacy Policy and to the Services
9. Contacting Us
1. General Background
What This Means:The Services are a software as a service that enables you, as a user of the NEQUI App, to book transportation services to your desired destination, as well as access and use related and as such requires the collection and sharing of your Personal Data.
The Services are designed to enable the interaction and communication between you and third parties that provide taxi or private hire services, an airline, car/bicycle/motorcycle/scooter rental agency or other third parties (“Transport Providers”) for the purpose of providing you with their Transportation Providers Services. Your use of the Services will result in sharing your location and other Personal Data with the Partner and other third parties as set forth in this Privacy Police. While we take steps to safeguard your information, we have no control over how third parties, including Partner, may use the information you share while using the Services.
When you use the Services, your Personal Data that we and/or the Partner collect in connection with the Services, is directly provided by you, and we act as data processor with respect to such data, and the Partner acts as a data controller with respect to such data.
2. Information We Collect and How We Use the Information
What This Means.We collect information about your use of the Services, as well asPersonal Data the Partner and you provide to us while using the Services. In addition, we collect information about you from other sources as described below.The types of information we collect are detailed below. We use that information as described in this Privacy Policy.
2.1 Legal Basis for Processing.
2.1.1 To provide the Services. We collect and process your Personal Data in order to provide you with the Services in accordance with our contract with you comprised of the Terms, and as service providers to the Parner pursuant to our engagement with the Partner; For example, we collect your name and phone number so that the driver providing you with the Transportation Providers Services will be able to locate you and collect you. In order for us to provide you with the Services, we have to process the following information:
(a) Information you Provide to Us When You Book and Complete A Ride
When you request transportation services through the Services, the following information will be collected by us from the Partner or from you:
- Ride request details: pick-up and/or drop-off location, and any additional requirements you may have such as number of passengers, suitcases, etc.
- User details: your name and phone number.
- Location info: you location before being picked up for the Transporation Providers Services you booked, during your recipt of the Transporation Providers Services, up to and until you reach your destination.
- Additional details: the Transport Provider whose Transportation Providers Services you booked may provide us any other information you may have provided directly to it and/or the driver with respect to your ride/transport preferences.
Please note that once you book a ride and/or any other service with a Transport Provider of your choice, you enter into a contract directly with the relevant Transport Provider who provides the Transport Provider Services to you.
Please refer to the privacy policy of the applicable Transport Provider to understand more about how it will treat the Personal Data you provide to it. We are not responsible for the privacy practices of others and we recommend you read their privacy notices.
(b) Support Information
When you interact with us via support or feedback, we will collect certain Personal Data generated by your use of the Services or Personal Data that you choose to share with us to better respond to your inquiries. We may, in accordance with applicable law, document your communication with our support team or with other similar contact channels.
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 Services. 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, protecting against and responding to fraud, security risks, threats to you and others, and violations of this Privacy Policy or the Terms;
- Protecting and defending our rights and properties, including intellectual property;
- Understanding, maintaining and improving the Services and their usage, user experience, and customer relationships
- Providing an optimized and enhanced user experience;
- Developing new services and features for our users; and
- Communicating with you regarding the Services.
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 as follows. You have the right to withdraw your consent at any time.
(a) Location Data and Travel Routes
The purpose of the Services is to facilitate the provision of Transportation Providers Services to you via Transport Providers. To do so, we need to know where you are. When yougrant the Partner permission to access your Location Data to enable the Services, we will have access to it for purposes of providing you with relevant offers from Transport Providers and public transportation (if applicable).
When you use the Services, we collect and use information about your actual geographic location (“Location Data”). Location Data reveals where you currently are and/or where you have been. Location Data is based on available positioning methods, such as Assisted GPS.
When you enabled your Location Data, we access and collect your Location Data. You have the ability to disable the location feature of the NEQUI Appvia your mobile device’s settings at all times. However, should you do so, the Services will not function or operate as intended.
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 obligations to you or the Partner.
If you want to learn more, please email us at mobility_support@here.com.
2.2 Text Message Communication
We may use your phone number (which is provided to us by the Partner) when you book Transportation Providers Services to provide you with important information regarding theServices. For example, we may notify you of changes or updates to the Services, service maintenance, etc. You will not be able to opt-out of receive such service messages. If you do not wish to receive such text messages about the Services, you should not use the Services.
2.3 How non-Personal Data is otherwise processed
Please note that we use and/or share non-Personal Data, including in aggregated or statistical form, without any 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 with certain third parties is integral to the Services. Some of your Personal Data will be shared with the Partner, its representatives, the Transport Providers and the applicable drivers for the purpose of facilitating the Services and the Transportation Providers services to you. We do not control these third parties use of your information.
3.1 With Partner and its representatives
When you are booking the Transportarion Providers Services, we will share the information you provide, including without limitation, the Transport Providers‘ details and any other information you chose to share as part of the booking, withthe Partner and its representatives.
Please refer to the privacy policy of the Partner to understand how they will use your data.
3.2 With the Transport Providers and their representatives
When you are booking and using the Transportarion Providers Services, wewill share your Personal Data, namely your name, phone number, desired pick-up and drop off locations, and any other information you choose to share, with the relevant Transport Provider whose Transport Provider Servicesyou book, its applicable representative and its drivers providing you with the Transportation Providers Services.
Please refer to the privacy policy of the relevant Transport Provider you chose to understand how it will use your data.
3.2 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 Policy.
3.3 With Our Authorized Third-Party Service Providers
We share Personal Data with authorized third-party service providers we use in order to facilitate, provide and enhance the Services, fulfill obligations imposed on us by applicable laws and regulations, and prevent illegal activities. We take commercially reasonable steps to require third-party service providers to adequately safeguard your Personal Data and only process it in accordance with our instructions.
The following are the categories of third-party service providers that we use: (i) analytics and product optimization tools, (ii) hosting services; (iii) technical support services and forum hosting; and (vi) CRM vendors.
3.4 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.
3.5 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 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 Policy.
Please note that we consider you to have given your express consent to process and share your data as described in this Privacy Policy when agree to our Terms and Privacy Policy.
4. How Long Do We Store Information?
What This Means. Your Personal Data is retained as long as we are engaged with the Partner or as otherwise necessary for protecting our legal rights or complying with our legal obligations.
We will retain your Personal Data related for as long as we are contractually engaged with the Partner to make the Services available via the NEQUIApp, and to comply with our legal obligations, resolve disputes, and enforce the Terms. If you request the Partner to delete your data, upon receipt of notification from the Partner, 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 Services, and rides booked. You will not be identifiable from this data.
5. Data Transfer
What This Means. Your information, including Personal Data might be transferred outside the country where you use the Services.
The Services 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 Servicesor access our Website.For European users, this means that data may be transferred to countries outside the European Economic Area (EEA) or Switzerland 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. 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 Services incorporate 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 Services. When we collect Personal Data from you when using the Services, 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 Services.
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 the 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 processingof 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.
As we act as data processor with respect to your Personal Data, and the Partner acts as a data controller with respect to such data, please contact the Partner if you wish to exercise any of your rights.
8. Modifications to this Privacy Policy and to the Services
What this Means.We reserve the right to modify this Privacy Policy, and we will notify you and ask for your consent through the Services in case of modifications that materially change the treatment of Personal Data.
We may modify this Privacy Policy at any time, at our discretion, and modifications are effective upon being posted on any part of the Services, the next time you use the Services 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 Policy 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 Services. In case you choose not to provide your consent upon a material change, we may need to close your account.
The features of the Services, including features that involve data collection, use, and disclosure, will evolve over time as we develop new, or discontinue existing, functionalities for the Services. We may require registration or consent for additional features that may be developed or added to the Services from time to time. When we add new features to the Services that involve processing Personal Data, we will update this Privacy Policy and notify you of the changes. When we discontinue features that involve processing your Personal Data, we will cease using your Personal Data for the purposes of providing those features.
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 Policy can be directed to us via email at mobility_support@here.comor at:
HERE Global B.V
C/O Privacy
Kennedyplein 222 -226
5611 ZT Eindhoven
The Netherlands
The Company’s Data Protection Officer can be contacted at:
Emmanuel Salami
HERE Deutschland GmbH
Invalidenstrasse 116
10115 Berlin
Germany
Email: mobility.privacy@here.com
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.