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Transport Provider policy

We are committed to respecting the privacy of the users of our services and the miwhip App (together, the miwhip Service). The following statement explains our policy regarding the personal information we collect from you in connection with your use of our miwhip Services.

References to we, our or us in this document are to miwhip Unipessoal Lda and to miwhip Ltd.

miwhip Unipessoal Lda is a company incorporated in Portugal, registered number 514847301. Registered Office 1st Floor, 20 Rua Dr. Brito Camara, Funchal, Portugal 9000-039 (miwhip).

miwhip Ltd is a company registered in England and Wales, company number 10990699 and registered office, Unit 3 Sundon Business Park, Dencora Way, Luton, United Kingdom, LU3 3HP (miwhip London).

miwhip Ltd is the holder of a PHV operator licence issued by Transport for London (TfL) and may be required to collect and process certain personal information as a result of its regulatory obligations to TfL.

Where we use any capitalised terms in this privacy policy which are not defined within this policy, they have the meaning given in the user agreements.

1. PERSONAL INFORMATION

1.1. When you use the miwhip Service, in particular if you register an account with us, you may provide us with personal information (personal information) about you such as:

1.1.1. your name, date of birth, mobile number, email address and your login name and password;

1.1.2. information about your device and your location (including by using the GPS facility on your device to identify this);

1.1.3. your banking or payment details;

1.1.4. information required for you to provide transport services such as your PHV licence, Private Hire Vehicle MOT, Private Hire Vehicle licence and insurance; and

1.1.5. information such as your driver history or criminal records (where permitted by law).

1.2. We are committed to protecting your privacy, and will only use your personal information in accordance with applicable data protection legislation, including the Data Protection Act 2018 and the General Data Protection Regulation.

1.3. Where you create a Driver user account with us, you will be required to provide some basic data about yourself. This is information that we consider necessary or desirable so that we can properly administer your account and provide the service to you. If you do not agree to us holding this information about you, please do not register.

1.4. Once you have created a Driver user account you have the option of providing further information about yourself, for example this may include uploading a photograph of yourself or professional or biographical information. It is entirely your decision as to whether you provide more information to us and you should only provide this information if you are comfortable with us storing it and using it to provide services, content and information to you as described in this privacy policy.

1.5. You are entitled by law to ask for a copy of your personal information or to ask us to correct, erase or update your personal information at any time by contacting us using the details in paragraph 10.

2. USES MADE OF THE INFORMATION

2.1. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. These legitimate interests are to manage our relationship with you, determine our respective rights and obligations and to properly conduct our business. There are more limited circumstances where we process personal data pursuant to your consent.

2.2. The situations in which we will process your personal information are listed below:

Purpose

Personal information used

Lawful basis

Processing by miwhip or miwhip London or both

Carrying out our obligations under the Driver user agreement

 

All the personal information we collect

We have a legitimate interest in ensuring that the miwhip Service is provided to you in the most efficient way. Both

Monitoring your use of the miwhip Service

 

All the personal information we collect

We have a legitimate interest to ensure that you are complying with the terms of the Driver terms of use. miwhip

Authorising payments and/or sending a bill or receipt to you

 

Banking/payment details

This is necessary to ensure payment of charges to you. miwhip

Maintaining the account you hold with us

 

All the personal information we collect

This is necessary to provide the miwhip Service to you. miwhip

Maintaining your rating or “Score”

 

Information regarding the Rides you have provided

We have a legitimate interest to manage users to improve the miwhip Services we provide. miwhip

Conducting performance reviews, managing performance and determining performance requirements

 

All the personal information we collect (but not your payment information or information about your relatives)

We have a legitimate interest to improve the services we provide. miwhip

Accepting a Ride Reservation and making a booking

 

Your user information

 

Your location

This is necessary to provide the miwhip Service to you. miwhip London

Administering the contract we have entered into with you

 

All the personal information we collect

This is necessary to fulfil our contract with you or is otherwise with your specific consent. Both

Identifying contacts who use the miwhip Service

 

Your contact information

This is for the purposes of ensuring the miwhip Service is efficiently provided to you. Both

Ensuring that our miwhip Service is presented in the most effective manner for you and your device

 

All the personal information we collect

This is necessary to fulfil our contract with you or is otherwise with your specific consent. Both

Providing TfL with information regarding your Rides

 

Information regarding Rides you have undertaken

We have a legitimate interest to manage the miwhip Service to improve the services we provide. This is due to a regulatory obligation. miwhip Ltd

Retaining information on bookings

 

Duration of Rides

 

Location of Rides

We have a legitimate interest to manage the miwhip Service to improve the services we provide. Both

Monitoring use for the purpose of improving the user experience

 

All the personal information we collect

We have a legitimate interest to manage the miwhip Service to improve the services we provide. miwhip

Enhancing the security of the user experience and the prevention of fraud

 

All the personal information we collect

We have a legitimate interest to manage the security of our systems. Both

Details of your driving licence

 

Information regarding your driving licence (including convictions)

Our processing of details of your convictions and licence category on your driving licence is undertaken with your consent. This consent may be withdrawn at any time but if you withdraw this consent, we are entitled to prevent you from providing Rides. Both

Background checks such as DBS Disclosure

 

All personal information we collect

Our processing of details of your background checks is undertaken with your consent. This consent may be withdrawn at any time but if you withdraw this consent, we are entitled to prevent you from providing Rides. miwhip

Details of your vehicle and private hire registration

 

Information regarding your PHV licence, Private Hire Vehicle MOT, Private Hire Vehicle licence and insurance

Our processing of these details is to ensure you, and your vehicle, comply with regulations as a Private Hire Vehicle and is undertaken with your consent. This consent may be withdrawn at any time but if you withdraw this consent, we are entitled to prevent you from using one of our services and/or driving our vehicles. Both

Gathering evidence for possible Rider or police enquiries

 

All the personal information we collect (but not your payment information or information about your relatives)

We have a legitimate interest to ensure that Riders are safely provided Rides and to improve the services we provide. Both

Dealing with legal disputes involving you, or Riders

 

All the personal information we collect

We have a legitimate interest to ensure that Riders are safely provided Rides and improve the services we provide. Both

2.3. By using our miwhip Service and submitting personal information, you consent to us using your personal information in the way described in this privacy policy. You have the right to withdraw this consent at any time, which you may do by contacting us as described in paragraph 10. Please note however that the withdrawal of your consent will not affect any use of the data made before you withdrew your consent.

3. DISCLOSURE OF YOUR INFORMATION

3.1. We may disclose your personal information:

3.1.1. to providers of outsourced services, such as hosting and IT support or maintenance services (to the extent necessary for the provider to provide those outsourced services to us);

3.1.2. to the prospective seller or buyer of any business or assets in the event that we sell or buy any such business or assets;

3.1.3. if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply such other terms as apply to our relationship, or to protect the rights, property, or safety of our customers, ourselves or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and

3.1.4. if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the miwhip Service.

3.2. We may disclose anonymised and aggregated information about our users to third parties such as:

3.2.1. partners and advertisers, to allow them to decide whether to partner with us or advertise through the miwhip Service and to help them reach the type of audience they want to target;

3.2.2. to TfL to allow them to review the adequacy of the miwhip Service, monitor our performance and to enable us to comply with our regulatory requirements to TfL (under our PHV operator licence), such as ensuring Driver security; and/or

3.2.3. to the police (or other law enforcement authorities) to fulfil a legal or regulatory requirement of ours or as a result of an incident which has been reported via our Accidents/Serious Incidents Policy [insert link to the police reporting policy].

3.3. We may also share your personal information with affiliated companies, for the purposes of facilitating the overall management of the organisation, outsourcing parts of the performance of the miwhip Service to such affiliates or obtaining services from outsourced service providers who are contracted by affiliates.

3.4. In certain cases the disclosure of your personal information to a third party as described above may involve your personal information being transferred outside of the United Kingdom. This may be to:

3.4.1. a country in the European Economic Area or that is otherwise considered to have data protection rules that are equivalent to those in the United Kingdom; or

3.4.2. a country which is not considered to have the same standards of protection for personal data as those in the United Kingdom, in which case we will take all steps required by law to ensure sufficient protections are in place to safeguard your personal information, including where appropriate putting in place contractual terms approved by the relevant regulatory authorities.

4. PROVIDING YOUR INFORMATION TO OTHER USERS

4.1. We may provide your personal information to other users in the following circumstances:

4.1.1. displaying profile information that you have agreed we can show to other users such as name and photo, vehicle make, model, colour, licence plate, contact information, location and an average Score provided by Riders;

4.1.2. sending the Rider recipient a receipt containing information such as a breakdown of amounts charged, your first name, photo and a map of the Ride route you took;

4.1.3. making available information between you and a Rider, as the case may be when arranging Rides and only to the extent necessary for you and that Rider to make arrangements for the Ride; and

4.1.4. in the event of a dispute between you and a Rider, to the extent necessary for that user to take steps to resolve that dispute, including through the court process where necessary.

5. RETENTION, UPDATING AND REMOVAL OF YOUR PERSONAL INFORMATION

5.1. Where you provide us with personal information during the course of your usage of the miwhip Service, we may retain this information for future use, including:

5.1.1. to speed up your future use of the miwhip Service;

5.1.2. for record keeping purposes, such as keeping a record of Rides completed;

5.1.3. for exercising our rights, such as collecting and processing payments;

5.1.4. in the investigation of any complaint or allegation made by another user about you (or by you about another user);

5.1.5. for analysis aimed at improving the miwhip Service; and/or

5.1.6. to provide on-going services.

5.2. The duration for which we retain your personal information will differ depending on the type of information and the reason why it was submitted. However, in some cases personal information may be retained on a long term basis: for example, basic personal information about you will normally be retained for so long as you maintain an account with us, and personal information that we need to retain for legal purposes will normally be retained for at least six years in accordance with usual commercial practice and regulatory requirements.

5.3. You are responsible for ensuring that the personal information that we hold about you is accurate and up-to-date, and you should check it on a regular basis. Much of the personal information that we hold about you can be updated through our miwhip Service, and where this personal information changes you can update it yourself. If you are unable to do this however you can contact us using the details in paragraph 10 and, where appropriate, we will update the relevant personal information for you.

5.4. If you wish to close your account with us please contact us. The closure of your account will result in the deletion of some of the personal information that we hold about you, but we may still retain some personal information, for example for record keeping purposes or where it is included in content that you have submitted to us which we have published on our miwhip Service or elsewhere in accordance with our terms of use.

5.5. You may in certain circumstances be entitled to request the erasure of personal information that we hold on you. To make a request of this nature, please contact us, providing full details of the personal information you want to be erased and the reason(s) for your request. We will consider all requests upon receipt and confirm to you whether we are able to agree to your request.

5.6. Please be aware that the erasure of personal information that we hold about you may affect our ability to provide the miwhip Service and the services associated with it to you and in some cases our acceptance of an erasure request may require your account to be closed.

6. LOG FILES

6.1. In common with most services, our miwhip Service logs various information about users, including internet protocol (IP) addresses, details about your device, internet service provider (ISP) information, date / time stamp and your location (using the GPS functionality within your device).

6.2. We may use this information to analyse trends, administer the miwhip Service, track your movement around the Driver App and gather broad demographic information.

7. SECURITY

7.1. The miwhip Service has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security seriously and will use our reasonable endeavours to protect the integrity of the information you provide.

8. ISSUES AND COMPLAINTS

8.1. In the unlikely event that you have any concerns about how your personal information is being used, please contact us as described in paragraph 10. This includes situations where you want to request the rectification or erasure of your personal information, restrictions to be placed around how we use your personal information, or to object to a particular use.
8.2. If you make a complaint about our handling of your personal information, it will be dealt with in accordance with our complaints handling procedure. In the first instance it will be reviewed by our user care team who will respond to you within 28 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to our critical response team who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.

8.3. If we are unable to resolve your complaint, you may make a complaint to the Information Commissioner’s Office. Please see https://ico.org.uk/make-a-complaint/ for more information.

9. CHANGES TO THE PRIVACY POLICY

We reserve the right to alter this privacy policy at any time. Such alterations will be posted on the miwhip Service by us. It is important that you read any such alterations as and when they are posted on the miwhip Service by us and should you object to any alteration, please contact us as described in paragraph 10. If we make significant changes we will notify you through the Driver App or by other means such as email.

10. CONTACTING US

If you need to contact us about this policy or any matters relating to the personal information we hold on you, you can email us at info@miwhip.com or miwhip Operating Centre at 2 Western Business Park, Mansfield Road, London W3 0BZ.

11. FURTHER INFORMATION

11.1. We hope that the contents of this privacy policy address any queries that you may have about the personal information we may hold about you and how we may use it. However, if you do have any further queries, comments or requests, please contact us as described in paragraph 10 above.

11.2. Whilst this privacy policy sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/your-data-matters/.