PRIVACY AND PERSONAL DATA PROTECTION POLICY
OVERVIEW
This online service ShuttleX (hereinafter referred to as the ‘Online Service’) is managed by the Limited Liability Company «CYBERZEN», Identification code in EDRPOU: 4589015, represented by the Director Vladlena Aleksandrivna Kutyshenko (hereinafter referred to as the ‘Online Service Administration’).
The Privacy Policy and Personal Data Protection Policy (hereinafter referred to as the ‘Privacy Policy’) applies to all information that the online service Administration of the ShuttleX, which connects the «ShuttleX» and «ShuttleX Driver» mobile applications for iOS and Android (hereinafter referred to as the ‘Mobile Applications’) and the https://www.shuttlex.com website (hereinafter referred to as the ‘Website’) located on the Internet, receives about Customers when they use the ShuttleX Online Service.
Please note that this Privacy and Personal Data Protection Policy has been prepared taking into account the latest changes in the legislation governing the protection of personal data, namely, the requirements of the General Data Protection Regulation (EU Regulation No. 2016/679 of 27.04.2016 or GDPR — General Data Protection Regulation).
1. DEFINITION OF TERMS
1.1 This clause governs the interpretation of the following terms and definitions used in this Privacy Policy.
1.1.1 The ShuttleX Online Service is an online service that includes the «ShuttleX» and «ShuttleX Driver» mobile applications for iOS and Android and the shuttlex.com website, the intellectual property rights to which are owned by ShuttleX Inc.
‘ShuttleX’ and «ShuttleX Driver» are Mobile Applications whose functional purpose is to organise orders for car rides.
Website shuttlex.com is a website located on the Internet, the main functional purpose of which is to provide additional information and functions of the ShuttleX Online Service.
Online service ShuttleX is not a carrier and does not transport passengers, but is an online service in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data on orders placed on it by Users, automatic calculation of the cost of the Order taking into account the ratio of supply and demand, weather conditions, route and its load, etc., and carries out automatic route construction and provides data exchange for communication with the User, and provides the ShuttleX Online Service with the ability to accept or reject relevant Orders at its own discretion, publish its location data, provide ratings to Users and interact with them, use the routes built by the program in real time, as provided for by the functionality of the ShuttleX Online Service available for use.
1.1.2 Website means a web page on the Internet at https://www.shuttlex.com/.
1.1.3 Customer — any individual, individual entrepreneur or individual acting in the interests of a legal entity on the basis of a power of attorney or within the powers vested in the legal entity under its statutory documents, in particular, but not exclusively: Driver, User, who has access to the Website and/or Mobile Applications, uses the Website via the Internet, orders, receives and provides services through the ShuttleX Online Service.
1.1.4 Driver is a person who provides Transportation Services using the ShuttleX Online Service.
1.1.5 User is any legally capable individual who has reached the age of 18 (eighteen) or a legal entity that has placed an order using the ShuttleX Online Service.
1.1.6 Personal data — any information that directly or indirectly relates to a specific individual (personal data subject).
1.1.7 Processing of personal data — any action (operation) or set of actions (operations) performed with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematisation, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), blocking, deletion, destruction of personal data.
1.1.8 Confidentiality of personal data is a requirement for the administration or other person who has gained access to personal data to comply with the requirement to prevent their dissemination without the consent of the personal data subject or other legal grounds.
1.1.9 Services — Online service ShuttleX shall provide the Driver with access to the extended functionality of the «ShuttleX Driver» mobile application for a fee, which is provided via the Internet for the transportation of Users in accordance with the terms and conditions set out in the Public Offer (adhesion agreement) for providing access to the «ShuttleX Driver» mobile application to Drivers and in the Public Offer for providing access to the «ShuttleX» mobile application to Users.
1.1.10 Cookies — a small piece of data sent by a web server and stored on the User’s computer, sent by the web client or web browser to the web server in an HTTP request when trying to open a page of the corresponding site.
1.1.11 IP address — a unique network address of a node in a computer network, built using the IP protocol, which allows to identify the location and other information about the Customer.
1.1.12 Terms and definitions not defined in this section shall be interpreted in the meaning defined by the current legislation of Ukraine, and in the absence of such definition — in their ordinary meaning.
2 GENERAL PROVISIONS
2.1 The use of this Website by the Customer means the automatic and full consent of the Customer to this Privacy Policy and the terms of processing of the Customer’s personal data set forth herein.
2.2 If the Customer does not agree with the terms of the Privacy Policy, the latter is obliged to stop using the website and immediately leave it.
2.3 This Privacy Policy applies to the website of the Online Service Administration, which provides access to the ShuttleX Online Service.
2.4 The Online Service Administration does not control and is not responsible for third-party sites to which the Customer can click on the links available on any resource related to the ShuttleX Online Service, including the «ShuttleX Driver» and «ShuttleX» mobile applications.
2.5 The Online Service Administration does not verify the accuracy of the personal data provided by the Customer.
2.6 The Online Service Administration is the controller of personal data of authorised Customers of the services provided by the Online Service Administration, namely: The Online Service Administration provides the Driver with access to the extended functionality of the mobile application ‘ShuttleX Driver’, which is provided via the Internet and can be found on the website, for the fee established by this Agreement, and the Online Service Administration allows the User to place an order for transportation using the mobile application ‘ShuttleX’, in which the User leaves his personal data during registration.
2.7 The controller of personal data is a person who determines why (for what purpose) and how to collect personal data.
3 AGE RESTRICTIONS
3.1 By placing an order for the provision of the Services on the website and/or in mobile applications, the Customer confirms that he has reached the appropriate age to enter into the relevant agreements independently.
3.2 In case the Online Service Administration asks the Customer to provide consent to the processing of personal data, the Customer may do so independently. By registering on the website, the Customer confirms that he has reached the appropriate age to give his consent to the processing of personal data.
3.3 If the Customer has any doubts as to whether he/she can independently consent to the processing of personal data, he/she should contact the authorised body for personal data protection.
3.4 The Online Service Administration may ask the Customer to provide additional documents or undergo additional procedures to ensure that he/she has the right to give consent to the processing of personal data. If the Online Service Administration has reasonable doubts about the age of the Customer, it may also contact his/her parents or guardians to obtain consent or approval for the Processing of the Customer’s personal data if he/she has not reached the appropriate age. For the period of clarifying the circumstances or obtaining consent or approval from parents or guardians, the Online Service Administration may restrict the processing of the Customer’s data by temporarily suspending the provision of services.
4 SUBJECT OF THE PRIVACY POLICY
4.1 This Privacy Policy establishes the obligations of the Online Service Administration to not disclose and ensure the protection of the confidentiality of personal data that the Customer must provide to the Online Service Administration upon request when placing an order for the provision of services on the website and/or Mobile Applications.
4.2 Personal data permitted for processing under this Privacy Policy is provided by the Customer by filling out certain forms on the website or in any of the above mobile applications, in any format and may include the following information, in particular, but not exclusively
4.2.1 Full name of the Customer;
4.2.2 contact phone number of the Customer;
4.2.3 bank card number of the Drivers and Users;
4.2.4 other confidential data about the Customer’s identity or contacts.
4.3 In addition to the data provided for in clause 4.2. of this Privacy Policy, the Online Service Administration reserves the right to automatically collect the following data when the Customer browses the website or any of the above mobile applications or its individual pages:
4.3.1 IP address of the Customer’s electronic computing device (computer, phone, tablet, etc.);
4.3.2 information about Cookies stored in the Customer’s browser;
4.3.3 information about electronic computing devices (computers, phones, tablets, etc.) of the Customer;
4.3.4 information about the Customer’s browser, including the name, version of the browser, etc;
4.3.5 time of access to the website;
4.3.6 addresses of the pages of the website viewed by the Customer;
4.3.7 addresses of previous pages from which the website was accessed.
4.4 If the Customer disables the Cookies collection function, it may result in the inability to access parts of the Website.
4.5 Website and/or mobile applications collects confidential data provided for in clauses 4.2. — 4.3. of this Privacy Policy, including in order to identify and resolve technical problems of the Website and/or mobile applications, to monitor the load on the Website and/or mobile applications and to conduct statistical calculations of the effectiveness of the provision of Services by the ShuttleX Online Service.
4.6 Any other personal or confidential information not specified above is subject to reliable storage and non-distribution, except as provided in clauses 7.2. — 7.4. of this Privacy Policy.
5 PURPOSES OF COLLECTING THE CUSTOMER'S PERSONAL INFORMATION
5.1 The Online Service Administration may use the Customer’s personal data for the following purposes:
5.1.1 Identification of the Customer registered on the website and/or mobile applications to join the public offer agreement remotely.
5.1.2 Providing the Customer with access to the personalised resources of the website and/or mobile applications, systems and/or software that provides access to the ShuttleX Online Service.
5.1.3 Establishing feedback with the Customer, including sending notifications, requests regarding the use of the website and/or mobile applications, the ShuttleX Online Service for the provision of services to the Customer.
5.1.4 Determining the location of the Customer to ensure security and prevent fraud.
5.1.5 Notifying the Customer about the status of the order for the provision of services.
5.1.6 Providing the Customer with effective customer and technical support in case of problems related to the use of the website and/or mobile applications, the ShuttleX Online Service.
5.1.7 Providing the Customer, with his/her consent, with updates, special offers, price information, news and other information on behalf of the Online Service Administration.
5.1.8 Carrying out advertising activities with the consent of the Customer.
6 DATA STORAGE
6.1 The Online Service Administration shall store the Customer’s Personal Data only as long as it is needed by him or the Online Service Administration for the purpose specified in this Privacy Policy. The latter also applies to any other third party performing certain actions on behalf of the Online Service Administration. If the Online Service Administration does not need certain data about the Customer and does not need to store them in accordance with the requirements of the law, it will delete them or store them in such a way that makes it impossible to identify the Customer.
7 METHODS, PROCEDURE AND TERMS OF PROCESSING PERSONAL INFORMATION
7.1 The processing of the Customer’s personal data is carried out without any time limit, in any legal way, including in personal data information systems, using automation tools or without using such tools.
7.2 By staying on the Website and/or mobile applications, the Customer automatically agrees that the Online Service Administration has the right to transfer personal data to third parties solely for the purpose of providing the Customer with Information Services.
7.3 The Customer’s personal data may be transferred to the authorised state and judicial authorities only if there are legal grounds and a corresponding request.
7.4 In case of loss or disclosure of personal data, the Online Service Administration shall inform the Customer about the loss or disclosure of personal data by any means available to it.
7.5 The Online Service Administration shall take the necessary organisational and technical measures to protect personal information from unauthorised or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
7.6 The Online Service Administration together with the Customer shall take all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the Customer’s personal data.
8 OBLIGATIONS OF THE SITE ADMINISTRATION TO PROTECT PERSONAL DATA
8.1 The Online Service Administration undertakes and guarantees the following:
8.1.1 To use any information received solely for the purposes specified in Section 5 of this Privacy Policy.
8.1.2 Ensure the confidentiality and security of the Customer’s Personal Information.
8.1.3 Not to disclose without the prior written consent of the Customer, as well as not to sell, exchange, publish or disclose in any other possible way the transferred personal data of the Customer, except for clauses 7.2. — 7.4. of this Privacy Policy.
8.1.4 To take precautions to protect the confidentiality of the Customer’s personal data in accordance with the procedure generally used to protect this type of information in the existing business environment.
8.1.5 To take actions to suspend the use of personal data relating to the relevant Customer, including preventing their deletion, from the moment of application or request of the Customer, or his/her legal representative, or the authorised body for the protection of the rights of personal data subjects for the period of verification, in case of detection of inaccurate personal data or illegal actions.
9 RESPONSIBILITY OF THE PARTIES
9.1 In case of failure to fulfil the obligations specified in this Privacy Policy, the Online Service Administration shall be liable in accordance with the current legislation of Ukraine, except as provided for in clauses 7.2 — 7.4 and clause 9.2 of this Privacy Policy.
9.2 In case of loss or disclosure of the Customer’s Personal Information, the Online Service Administration shall not be liable if such information:
9.2.1 Became or was public at the time of loss or disclosure;
9.2.2 Was received from a third party before it was received by the Online Service Administration;
9.2.3 Was disclosed with the consent of the Customer.
9.3 The Online Service Administration in all respects not provided for in clause 9.2. of this Privacy Policy shall be liable in accordance with applicable law.
10 DISPUTE RESOLUTION PROCEDURE
10.1 All disagreements and disputes related to legal relations covered by this Privacy Policy shall be resolved by the parties through negotiations.
10.2 If the Parties fail to reach a mutual agreement as a result of the negotiations provided for in clause 10.1 of this Privacy Policy, as well as if one of the Parties evades negotiations, the dispute shall be referred to the court in accordance with the procedure established by the legislation of Ukraine.
11 ADDITIONAL TERMS AND CONDITIONS
11.1 The Online Service Administration has the right to make changes to this Privacy Policy without the consent and notification of the Customer.
11.2 The new Privacy Policy comes into force from the moment it is posted on the website, unless otherwise provided by the new version of the Privacy Policy.
11.3 This Privacy Policy is posted on the website at the following address on the Internet: shuttlex.com.
11.4 This Privacy Policy complies with the requirements of the legislation of Ukraine on the protection of personal data and contains detailed information about the data collected, the purpose, methods of their collection, processing, use and protection.
11.5 Note for users from the European Union: this Privacy Policy has been prepared to fulfil the obligations stipulated by the General Data Protection Regulation (EU Regulation No. 2016/679 of 27.04.2016 or GDPR — General Data Protection Regulation).
11.6 All suggestions or questions regarding this Privacy Policy should be communicated through the contacts posted on the Website’s web page.
11.7 The text of this Privacy Policy is written in Ukrainian.
For any questions related to the protection and security of your personal data, please contact
— at: 24 Gashek Yaroslav Boulevard, Kyiv, 02157;
— by sending an email to: [email protected]
With respect and care for your personal data,
CYBERZEN LIMITED LIABILITY COMPANY