Effective Date: January 26, 2018

Last Updated Date: January 26, 2018

This Privacy Policy is incorporated by reference into the ViaVan Terms of Use.

For the processing of your Personal Information, Via Netherlands B.V., d.b.a. “ViaVan”, is responsible for determining the purpose and the means and, therefore, is referred to as the ‘data controller’ within the General Data Protection Regulation (hereinafter: “GDPR”). For you, this means that Via Netherlands B.V. is the party to turn to in case of any questions or requests regarding the processing of your Personal Information or this privacy policy. You may reach us at support@viavan.com.

Hereinafter, Via Netherlands B.V., together with its successors and subsidiaries, shall be referred to as “ViaVan,” “Company,” “we,” and “us”.

This Privacy Policy explains how ViaVan may:

• collect,
• use, and
• disclose

information we obtain through the “Service.”

The “Service” means any website, mobile application, or Internet service under ViaVan’s control, whether partial or otherwise, in connection with providing ViaVan’s online platform that connects users with vehicle-sharing transportation providers in major cities. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and take Rides. “Driver Partner” means any such independent contractor partner who registers with the Service as a third-party transportation provider to provide Rides to Members.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

1. THE SERVICE COLLECTS YOUR INFORMATION

We collect Personal Information when you:

• register to use the Service;
• use the Service; and
• communicate with us.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.

Two kinds of users may use the Service, Members and Driver Partners. We collect different types of information from these two types of users. We collect the information by asking you to provide it to us and, as set out below, by automated means.

Personal Information and regulatory-related information (for Driver Partners) is actively collected when a Member or Driver Partner signs up for the Service. Ride history and driving history (as set out below) is collected directly by the Service.

Personal Information Collection – Members. You must register to make a Reservation through the Service. To register, you will need to provide the following Personal Information: your name, phone number, email address, billing address, and credit card information. The provision of this information is mandatory and necessary to enter into a contract with us. You may also provide other optional information, which is not mandatory.

Personal Information Collection – Driver Partners. To register as a Driver Partner, you may need to provide the following Personal Information: your name, email address, phone number, address, date of birth, vehicle information, driver’s license information, insurance information, payment information, banking information and National ID Number. In addition, we collect professional driver licenses (as applicable), driver’s license, vehicle registration, insurance, tax emblems where required, vehicle inspection reports, ticket/fines/violations. This type of information is collected from Driver Partners to enable our compliance with local and state laws and regulatory requirements applicable to the Service, compliance with tax laws, and to process payments to Driver Partners. In addition, we collect driving times, ratings, feedback from riders, escalations/incident history, messages to ViaVan via e-mail or SMS, routes used, and detailed trip records. Information collected from Driver Partners may be shared with tax authorities or local regulators as required by law. The provision of this information is mandatory and necessary to enter into a contract with us. You may also provide other optional information, which is not mandatory.

Using the Service. We collect information about you through the Service. For example, when you make a Reservation, the Service will collect the information you provide in such submissions, including any Personal Information. We will also store your transaction history and the messages you send us (e-mails and SMS). To enable your use of the Service, we store your pickup location, the drop-off location, the routes taken, cancellations and no-shows. Providing this information is mandatory if you want to use any Service. It is not a statutory or contractual requirement.

Making Payments. When you make payments through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number. We store your payment and transaction history. We (or our service providers on our behalf) may store this information for your convenience. Providing this information is mandatory if you want to use any Service. It is not a statutory requirement; however it is a contractual requirement.

Customer Support. We may collect Personal Information through your communications with our customer-support team. Providing this information is voluntary. It is not a statutory or contractual requirement.

Location and Other Information from Your Mobile Device. We collect and store your location information if you enable your mobile device to send it to us. In addition, we collect your favorite destinations. You may opt-out of location-based services at any time by editing the setting at the device level. Providing this information is therefore voluntary. It is not a statutory or contractual requirement. This information is obtained automatically.

We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the Service. Providing this information is mandatory if you want to use any Service. It is not a statutory requirement; however it is a contractual requirement.

Promotions and Co-Branded Services. We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions (“Promotions”) that users may enter, register for or otherwise participate in through the Service. Certain of these Promotions may be co-branded with one of our advertisers, business partners, charities, sponsors or other third parties (“Third-Party Partners”). Such co-branded services will identify the Third-Party Partner. In these instances, the Third-Party Partner may collect your Personal Information directly on its website or another online service may collect your Personal Information and share it with us and/or the Third-Party Partner. If you enter a Promotion, your Personal Information may be disclosed to Third-Party Partners or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and publication of a list of winners, as required by law or permitted by the Promotion’s rules. Providing this information is therefore voluntary. It is not a statutory or contractual requirement.

Information You Provide About a Third Party. If you use our referral program to tell a friend, relative or someone you know about our Service (a “Referred Person”), we will ask you to provide the Referred Person’s name and e-mail address. We will automatically send the Referred Person an e-mail inviting them to try our Service. We may also send a follow-up e-mail or e-mails, at our discretion. If a Referred Person no longer wants to receive communications from us, they can e-mail support@viavan.com with their request and we will discontinue further communications. Providing this information is therefore voluntary. It is not a statutory or contractual requirement.

Cookies, Automatic Data Collection, and Related Technologies. The Service and our third party partners collect and store information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. We may use information collected through these tracking technologies to remember information so that you won’t have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the Service, to provide custom, personalized content including targeted advertising, to automatically update the Service on your mobile devices and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the Service to not work properly. Although we do our best to honor the privacy preferences of our members, we are not able to respond to Do Not Track signals from your browser at this time. Please see the Online Advertising section below to learn more about how tracking technologies may be used to serve advertising that is relevant to your interests. Providing this information is voluntary and not a contractual or statutory requirement.

By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.

2. HOW VIAVAN USES YOUR INFORMATION – PURPOSE OF PROCESSING

We use Personal Information for the following purposes:

1. Facilitate and improve our Services, in connection with real-time operation of the Service (including Member and Driver Partner support, providing receipts, Driver Partner payments, etc.);
2. Communications (as set out below);
3. Internal and Service-Related Usage (as set out below);
4. For analysis and report generation purposes (including developing new features, support service improvements on payments, pricing, routing, algorithmic dispatching efficiencies, for quality of Service review and fraud detection);
5. Existing Member and Driver Partner engagement;
6. Marketing (as set out below);
7. To allow aggregation (as set out below).

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.

Communications. We may send email or text messages to the email address or phone number you provide to us, or call the phone number you provide to us, to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you, and to serve you personalized advertising content that may be relevant to your interests.

Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.

We do not use your Personal Information to perform automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you.

3. VIAVAN MAY DISCLOSE YOUR INFORMATION – RECIPIENTS

We may share your information with the following recipients:

• with our Driver Partners or Members only to facilitate your Rides;
• with relevant employees of Via Transportation, Inc., providing us with various support services;
• with our third-party service providers, including data hosting providers, payment processors, messaging providers, customer support ticket platforms, fraud detection software providers, and geolocation providers;
• with insurance companies, government agencies or law enforcement if necessary.

In addition, we may disclose your Personal Information in case we are required to do so by law or when you grant us permission to do so.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

The disclosure of Personal Information as stated in this article is set out in more detail below.

Driver Partners and Members.  When a Member requests a Ride, we may share your first name and last initial and location with a Driver Partner in order to provide the Service. We will not share your e-mail address, phone number or other information with Driver Partners without your permission. With respect to Driver Partners, we may share your name, location and a masked phone number with a Member in order to provide the Service. In connection with a Member’s request to retrieve a lost and found item from a vehicle, we may share your phone number with a Member. Otherwise, we will not share your e-mail address, phone number or other information with Members without your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service. We will share information, including Personal Information, with our third-party transportation providers as necessary to provide the Service. If we transfer personal information to a third party, we will take reasonable and appropriate steps to ensure that the third party collects, processes and discloses personal information only for limited and specified purposes. ViaVan may be liable if such third parties fail to meet those obligations.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may share or allow access to data collected through tracking technologies to serve you personalized advertising content that may be relevant to your interests. Please see the Online Advertising section below to learn more.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena or to meet national security requirements; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information. Should this occur, you will be informed and when required asked for your permission.

We may also disclose your Personal Information with your permission.

4. SECURITY OF YOUR INFORMATION AND RETENTION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. The Personal Information you provide to us is not indexed by search engines.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@viavan.com.

We may retain your information for as long as your account is active and for up to three years after you close your account or it becomes inactive, in accordance with our data retention policy. In certain circumstances, we may retain your information for longer periods of time in order to provide you with services, comply with our legal obligations, resolve disputes and enforce our agreements, in accordance with our data retention policy.

5. CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

No part of our Service is directed towards children under the age of 13 and we do not knowingly collect, maintain, or use Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@viavan.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

6. INTERNATIONAL USERS – TRANSFER OF PERSONAL DATA

By using the Service, you will provide us with data that we intend to transfer to the United States for certain processing by our affiliated company, Via Transportation, Inc.

By choosing to visit the Service or otherwise provide information to us, you agree that the adjudication of any disputes arising in connection with ViaVan or the Service will be in accordance with the Terms of Use.

Please note that we intend to transfer Personal Information to a third country or organization and therefore that you are agreeing to the transfer of your information to the United States under the Privacy Shield Framework and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Policy. To learn more about the Privacy Shield program and to view Via Transportation, Inc.’s certification page, please visit https://www.commerce.gov/page/eu-us-privacy-shield.

7. YOUR CHOICES FOR LIMITED USE AND DISCLOSURE OF YOUR DATA

You control your account information and settings. You may update your account information and email-communication preferences at any time by logging into the app and changing your settings under Edit Profile.

Communications. You can stop receiving promotional e-mail communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You cannot opt-out of Service-related communications (e.g., account verification, texts informing you of where your vehicle is located and the status of your live rides, receipts, reminders, changes/updates to features of the Service, technical and security notices), because that would make it impossible for us to provide the Service.

Online Advertising. We may permit third party online advertising networks to collect information about your use of our website over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or apps. Typically, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, and other information. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies may disable many features available through the Service. (To learn more about cookies, clear gifs/web beacons and related technologies, and to learn how you may be able to opt-out of interest-based advertising from many online advertising networks, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). You may also manage certain advertising cookies by visiting the EU-based Your Online Choices www.youronlinechoices.eu.  If you access our service on your mobile device, you may not be able to control tracking technologies through changing your settings in your profile.

8. ACCESSING, UPDATING, OR DELETING YOUR INFORMATION.

You have the right to request from us access to and rectification or erasure of Personal Information or restriction of processing concerning you or to object to processing as well as the right to data portability. Should we process your Personal Information based on your consent to do so, you have the right to withdraw your consent at any time or object to processing, without effecting the lawfulness of processing based on consent before such withdrawal. Objecting to processing or withdrawal of your consent therefore however may lead to ViaVan not being able to perform Services for you.

If you would like to access, update or correct any information that you have provided to us through your use of the Service or otherwise, if you would like to delete your personal information maintained by ViaVan, or withdraw your consent or object to processing, or if you have suggestions for improving this Privacy Policy or any questions regarding the protection of personal data, please send an email to support@viavan.com or contact us through the electronic and physical address we have provided in the introduction to this statement above. Upon request, we will take reasonable steps to correct, update, amend or delete your personal information, though we may not be able to permanently delete your personal information in all instances, such as when the information has been shared with third parties.

9. HOW TO RESOLVE COMPLAINTS

ViaVan commits to resolve complaints about your privacy and our collection or use of your personal information. If you have any questions about this privacy policy, the information that we collect from you, or the Services, please contact us at:

Via Netherlands B.V.
Weesperstraat 61
1018VN Amsterdam

support@viavan.com

Individuals with inquiries or complaints regarding this Privacy Policy should address your inquiry or complaint first to us at the address listed above. ViaVan takes all concerns about privacy and use of data very seriously, and shall endeavor to reply to you within 45 days of receiving a complaint.

In addition, In accordance with the privacy laws and regulations applicable within the European Union, you have the right to lodge a complaint with a supervisory authority such as the Autoriteit Persoonsgegevens.

10. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so please review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on the Service, and the revised version will be effective when it is posted. If you are concerned about how your information is used, you should read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.