The protection of Personal Data (as defined below) is of crucial importance to us. That is why we wish to inform the users of our Services (as defined below) in a transparent manner of their rights with respect to the Personal Data that is collected and processed via these Services, with due regard for the General Data Protection Regulation (the 'GDPR') that took effect on 25 May 2018.
JIVE has developed a rideshare platform, accessible in the form of a Mobile App (as defined in the T&C and ToU), designed to bring Drivers (as defined in the T&C and ToU) driving to a given destination into contact with Jivers (as defined in the T&C and ToU) travelling in the same direction, and vice versa, enabling them to share the cost of such ride and reduce CO2 emissions together.
1. Who is responsible for the data processing?
JIVE acts as the data controller for the personal data collected in connection with the use of the Services.
2. What is Personal Data?
'Personal Data' is, according to the GDPR, all data that can be used to directly or indirectly identify you. So Personal Data covers all data that we can somehow link to you, such as your licence plate, email address, address, telephone number or the IP address of the device you use.
3. What Personal Data is collected and when?
Within the context of the Services that JIVE provides, JIVE collects and processes the following data via the JIVE Mobile App:
You can visit/discover our Mobile App without informing us who you are or divulging any information about yourself. Further, we only start collecting Personal Data when you provide it yourself on our Mobile App – depending on your role (registered User/Driver/Jiver) – that could include: your name, address, email address, telephone number, ETA (location data), financial data (such as your banking card details and account number and other contact details or information you provide (e.g., type of car, license plate)) to us by:
- creating a User account on the Mobile App;
- registering for the Services provided by JIVE via the Mobile App;
- using the Mobile App upon registration;
- using the interactive chatbox integrated in the Mobile App; and
- corresponding with a representative of JIVE by email, using the hyperlinks created for that purpose.
4. Why do we process your Personal Data and what is the legal basis for doing so?
On the one hand, we process your Personal Data on the basis of your consent, while on the other hand we process it to enable us to provide our Services for the performance of an agreement where you are a party to or for the performance of the required precontractual measures.
We will not send you direct marketing information without your consent or, in those cases where your consent is not required, when you have stated that you do not wish to receive such information. You can unsubscribe at any time from these notifications using the link provided in the periodical marketing messages we send.
The Personal Data that is collected is processed for the following purposes:
- to maintain and improve the technical aspects of our Mobile App and Services;
- to provide access to the Mobile App in a safe and effective manner that relates to the User;
- to manage our User relationships;
- to contact you when you ask us to contact you via the contact form (interactive chatbox of the Mobile App);
- to perform our Services;
- to deal with any complaints relating to our Services; and
- to send you (personalized) marketing, advertising and promotional messages as well as other information that you might be interested in and that concern the Services and events that are offered by JIVE.
5. Who can access your Personal Data and do we make your Personal Data available to third parties?
Mutual trust is extremely important to JIVE, which is why we wish to assure you that your Personal Data will only be used for internal purposes and insofar as is necessary for achieving the aforementioned purposes. Please be aware that JIVE can make your Personal Data available to independent companies or service providers for the following reasons:
- enabling payments (e.g., Adyen, the integrated payment feature in the Mobile App);
- facilitating User-support functions, such as the interactive chatbox; and
- allowing for visitor and usage analyses.
We have carefully selected these external parties and regularly check them to ensure that your Personal Data and privacy remain protected. We contractually oblige all of these external parties to provide the requisite guarantees that suitable organisational and technical safety measures are adopted in order to protect your Personal Data and privacy. All the information that is made available to third parties is only used by those parties for the services that they provide to us.
Further, JIVE is obliged by law to make your Personal Data available when such is required under a law, decree or ordinance or pursuant to a court ruling.
6. How long do we store your Personal Data?
Unless otherwise allowed or required by the applicable legislation, we will only store your Personal Data for as long as we consider such to be necessary for achieving the objectives for which the Personal Data is collected in accordance with Article 4, and in any event no longer than until the occurrence of one of the events listed below:
- Your request for deletion of your account and Personal Data; or
- The termination of all services listed in Article 4.
In any event, we undertake to delete your Personal Data within thirty (30) calendar days of the occurrence of any of the above events, unless otherwise permitted or required by applicable legislation.
In any event, the Personal Data that we obtain and that is processed for commercial or marketing purposes is deleted 5 years after the last time we were in contact with you.
7. Is your Personal Data transmitted outside of the European Economic Area?
JIVE will not transfer any Personal Data to states outside of the European Economic Area (EEA).
8. What are your rights with respect to your Personal Data?
Under the GDPR you have a number of rights, which are summarised below. Should you wish to exercise the following rights, you can send us a letter addressed to ARTIM NV, B-2930 Brasschaat, Ter Borcht 3 or an email to firstname.lastname@example.org.
We shall provide you with the information you require and/or take the steps in response to your request as soon as possible. In all cases we aim to respond within a month of receipt of your request, which could be extended to two months if the request is extremely complex or there is a large volume of requests.
We perform our processing activities on the basis of trust, which means you have the right to revoke your consent at any time. Revocation of consent does not impact upon the lawfulness of the processing on the basis of the previously granted consent, prior to it being revoked.
8.1. The right of access to the data
You have the right to be informed of whether JIVE processes your Personal Data and, where such occurs, to gain access to such Personal Data and receive the following information:
- the purposes of the processing;
- the categories of Personal Data concerned;
- the recipients or the categories of recipients to which the Personal Data is or will be made available, in particular the recipients in third-party countries or international organisations;
- the period for which your Personal Data will be stored or the criteria for determining that storage period;
- where we obtain Personal Data from third parties, information concerning the source of that Personal Data; and
- whether or not an automated decision-making process (including profiling) exists with respect to your Personal Data and, insofar as is applicable, any useful information on the underlying logic, as well as the interest and the possible consequences of such an automated decision-making process.
8.2. The right to the transmission of data
You also have the right to receive an emailed copy, in a structured, commonly used and machine-readable format, of the Personal Data you provided to JIVE so that you can provide it to another controller or so that we can, at your demand and where such is technically possible, provide it to another controller. Requesting such a copy is free of charge. Should you request additional copies of your Personal Data JIVE can demand a reasonable fee for covering the administrative costs thereof.
8.3. The right to the correction and completion of data
You have the right to have your Personal Data corrected or to have incorrect data amended free of charge, where your Personal Data is incomplete or incorrect or where it is processed in an unlawful manner. You likewise have the right to have incomplete Personal Data completed by, inter alia, issuing a supplementary declaration in that respect.
8.4. The right to the deletion of data (the 'right to be forgotten')
You have the right to demand that your Personal Data that was collected by JIVE be deleted in the following cases:
- you revoke the consent previously granted for the processing of your Personal Data and there are no further legal grounds available to JIVE for the (continued) processing of your Personal Data;
- you object to the processing (or continued processing) of your Personal Data and there are no compelling legitimate grounds for the processing of your Personal Data by JIVE;
- your Personal Data was unlawfully processed;
- your Personal Data must be deleted in order to comply with a statutory obligation on the part of JIVE; and
- your Personal Data was collected when you were still a minor.
Should you demand that your Personal Data be deleted, please be aware that we are required to retain certain Personal Data in order to comply with our statutory obligations.
8.5. The right to object to and restrict further processing
You also have the right to restrict the processing of your Personal Data when:
- you dispute the accuracy of that Personal Data (in this context, the use of your Personal Data is then restricted for a period that will allow JIVE to check the accuracy of your Personal Data);
- the processing of your Personal Data is unlawful and, instead of its deletion, you demand that JIVE restricts the processing of your Personal Data and its usage;
- JIVE no longer requires your Personal Data for the processing objectives set out herein, but you require that Personal Data for serving, exercising or defending legal claims; and
- once you have exercised your right to object to the processing of your Personal Data and for the period that a decision has not been reached with respect to the exercising of that right, you demand that JIVE restrict the use of your Personal Data.
Moreover, you have the right to revoke your consent with respect to the processing of your Personal Data at any time, without such compromising the lawfulness of the processing prior to your revocation of consent.
8.6. The right to lodge a complaint
We will naturally be happy to assist you if you have a complaint with regard to the processing of your Personal Data that you submit to email@example.com or by calling +32 4 94 60 48 61. You also have the right, pursuant to the GDPR, to lodge a complaint with the Data Protection Authority in respect of the processing of your Personal Data by us, by notifying:
The Data Protection Authority
Drukpersstraat 35, 1000 Brussels
Telephone: +32 2 274 48 00
Fax: +32 2 274 48 35
9. How is your Personal Data secured?
JIVE endeavours to engage the organisational, technical and procedural guarantees that are necessary for protecting Personal Data. These safety measures have been designed to protect your Personal Data from loss or unauthorised access, or from being copied, used, changed or disclosed.