Privacy and Data Protection Policy

1. General

Pirates ltd. (“Gypsie”, “we”, “our” or “us”), acting as data controller, is committed to protecting and respecting your privacy. This notice (the “Privacy Notice”) is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via this website or our mobile applications (the “Platforms“).

This Privacy Notice (together with our Terms and Conditions, any other documents referred to in it and our Cookie Notice) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

2. What information do we collect from you and for how long?

We may collect and process the following data about you:

2.1. Information you give us

You may give us information, including information that can identify you (“Personal Data“), when you use our Platforms, by filling in forms on the Platforms (such as the sign-up form), when you enter into any of our competitions, promotions or surveys, when you correspond with us by phone, e-mail or otherwise, and when you report a problem with our Platforms.

The information you give us may include:

2.2. Information we collect automatically

2.2.1. If you sign up via social media authentication methods, Gypsie will access certain Personal Data (e.g. first name, surname, picture, email, etc.) in your social media account pursuant to the applicable terms and conditions of these social media platforms. We may also collect some of your Personal Data when you interact with third party social media features, such as “Like” functions.

2.2.2. With regard to each of your visits to our Platforms we may collect, in accordance with applicable laws and where required with your consent, information relating to the devices you use and the networks you are connected to when using our services. This may include the following information: your IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform, advertising identifier, information about your visit including the URL clickstream to, through and from our Platforms, products you viewed or searched for, download errors, length of visits to certain pages, page interaction and any phone number used to call our customer service number. We collect this information through the use of various technologies including cookies (for further information please refer to our Cookie Notice).

2.2.3. We also collect aggregated information regarding your activity on our Platform (such as the amount of rides offered, your message response rate, etc.). Such information may be published on your public profile on our Platform.

2.3. Data retention

2.3.1. Except regarding the categories of Personal Data mentioned in clauses 2.3.2 and 2.3.3 below, your Personal Data will be stored for the duration of your relationship with us and then put beyond use:

2.3.2.The following categories of Personal Data may be stored for different durations:

2.3.3. In the event that your account is suspended or blocked, we will keep your data for a period of between 2 and 10 years in order to prevent you from circumventing the rules applying to our Platforms.

3. How do we use the information we collect from you?

We will use the information we collect:

PURPOSES

LEGAL BASIS

3.1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you requested from us;

This processing is necessary for the performance of our mutual contractual obligations.

3.2. to send you service-related information by email and/or text message and/or any other communication means (e.g. your booking confirmation);

This processing is necessary for the performance of our mutual obligations and/or carried out with your consent.

3.3. to collect payments from you or to transfer to you the payments we collect on your behalf;

This processing is necessary for the performance of our mutual contractual obligations.

3.4. to enable you to personalise your user profile on our Platforms;

This processing is carried out with your consent.

3.5. to enable you to communicate and interact with other members about our services or about the trips(s) you have/will share with other members and/or to organise such trips;

This processing is necessary for the performance of our mutual contractual obligations and/or carried out with your consent.

3.6. to give you access to our support services and to enable you to communicate with our member relations team;

This processing is (i) necessary for the performance of our mutual contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the establishment, exercise or defence of legal claims.

3.7. to ensure compliance with (i) applicable laws, (ii) our Terms and Conditions, and (iii) our Privacy Notice. Certain breaches that we regard as inappropriate may lead to the suspension of your account;

This processing is necessary (i) for the performance of our mutual contractual obligations, (ii) for compliance with our legal obligations and/or (iii) for the establishment, exercise or defence of legal claims.

3.8. to send you, in accordance with applicable laws and where required, with your consent, marketing materials and information necessary to facilitate the service or the booking process and to make you suggestions and recommendations about goods or services related to our services that may interest you. We also use your data to target you in order to serve our ads on social media platforms. You can learn more about how these features work, and the data that we obtain about you, by visiting the relevant sections of the third party social media platforms; and

This processing is based on your consent and/or our legitimate interest (i.e. providing  you with meaningful advertising).

3.9. to notify you about changes to our services;

This processing is necessary (i) for the performance of our mutual contractual obligations, (ii) for compliance with our legal obligations and/or (iii) the establishment, exercise or defence of legal claims.

3.10. to verify the information contained in your Passport, Driving Licence, ID Card and other identity documents that may be collected from you at the time of registration or at any other time during your use of our Platforms;

This processing is based on (i) your consent, (ii) carried out for the establishment, exercise or defence of legal claims and/or (iii) for compliance with our legal obligations.

3.11. to administer our Platforms and for internal operations, including troubleshooting, data analysis, testing, research, analytic and survey purposes;

This processing is based on our legitimate interest (i.e. ensuring the security of our Platforms and improving its features).

3.12. to improve our Platforms to ensure that content is presented in the most effective manner for you and for your device;

This processing is based on our legitimate interest (i.e. providing  you with meaningful content).

3.13. to allow you to participate in interactive features of our service, when you choose to do so;

This processing is necessary (i) for the performance of our mutual contractual obligations and/or (ii) based on your consent.

3.14. as part of our efforts to keep our Platforms safe and secure; and

This processing is based on (i) our legitimate interest (ensuring the security of our Platforms), (ii) carried out for the establishment, exercise or defence of legal claims and/or (iii) for compliance with our legal obligations.

3.15    to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.

This processing is based on (i) our legitimate interest (i.e. measuring and optimising the efficiency of our advertising campaigns) and/or (ii) your consent.

4. Who are the recipients of the Information we collect from you and for which purposes?

4.1. When you use our services, some information about you is shared with the members of our communities, either on your public profile or during the booking process (e.g. we give your telephone number to the members with whom you will share a ride).

4.2. We may receive and send information about you, including your Personal Data, if you use any of the platforms we operate or from other Gypsie entities and affiliates, for the purposes outlined in this Privacy Notice.

4.3. We are also working closely with third parties which may be the recipients of your Personal Data such as:

4.4. We only share  your Personal Data with any of these third parties in the following cases:

4.5. In accordance with applicable laws and where required with your consent, we may combine information about you, including your Personal Data and cookie information, we send to and receive from our business partners. We may use this information and the combined information for the purposes set out above.

4.6. We draw your attention on the fact that if you decide to share your information, including Personal Data, with us through our business partners’ connecting services, any of our business partners’ privacy policies and/or notices may also be applicable to you, in addition to this Privacy Notice. We do not control the collection and/or the processing of your information eventually made by our business partners on their own platforms.

5. How do we use and moderate your messages?

5.1. We may review, scan, or analyse the messages you exchange with other members of our community through our Platforms for fraud prevention, service improvement, customer support purposes, enforcement of the contracts entered into with our members (such as our Terms and Conditions). For example, in order to prevent the circumventing of our online booking system, we may scan and analyse messages sent through our Platforms to check that they do not include any contact details or references to other websites.

5.2. We will never scan or analyse your messages with other members of our community for commercial and advertising purposes. We may use automated methods to carry out the moderation of these messages.

6. Targeted ads on social media platforms and our communications sent by e-mail and/or text messages

In accordance with applicable laws and where required with your consent, we may use the information you give us on our Platforms for electronic direct marketing purposes (e.g. (i) receiving our newsletters, invitations to our events or other communications that we think may interest you or (ii) serving you with targeted advertising on social media platforms or third parties websites).

For electronic marketing communications: You can withdraw your consent at any time by (i) unticking the relevant box in your member account, (ii) clicking on the unsubscribe link we provide in each Gypsie communication sent to your attention or (iii) contacting us using the contact details provided in section 13 below.

For targeted ads and content:

7. Is your Information being transferred? how and where?

We store the Personal Data that we hold about you in New Zealand (“NZ“). Given the fact that we are an international company, we also transfer your Personal Data to other countries where data protection laws may be less protective than the legislation where you live.

This happens when one of our data processors is located in a country not providing an ‘adequate’ level of data protection, such as the United States. Such a data processor may be engaged in, among other things, the fulfillment of your service request, the moderation of your user account pictures, the processing of your payment details, the provision of advertising and marketing services on our behalf and the provision of support services through electronic communications.

This also covers transfers to Gypsie’s affiliated companies located outsideNZ to whom we may transfer some of your information for the provision of our services in these countries.

When such a transfer happens, we ensure that it takes place in accordance with this Privacy Notice and is regulated by standard contractual clauses approved by the NZ Commission as ensuring an adequate protection for data subjects.

Should you want to obtain further details about the safeguards put in place, you can contact us via the contact section available at the end of the Privacy Notice.

8. What are your rights in respect of your personal data?

8.1. Where permitted by law, you may have the right to obtain a copy of Personal Data that we hold about you. Before responding to your request, we may ask you to (i) verify your identity and (ii) provide further details so we can better respond to your request. We will endeavour to respond within an appropriate timeframe and, in any event, within any timeframe required by law. If you want to exercise this right, please contact us using the contact details provided below (see section 13).

8.2. As a member of our Platforms, you can access the Personal Data we hold about you via your account to correct, amend, or delete information that is inaccurate. You may also update or delete your Personal Data by contacting us, using the contact details provided below (see section 13). You can also close your account online at any time and have the right to object to the processing of your Personal Data.

Please note that in some cases we may retain certain information about you as required by law, or for legitimate purposes. For instance, if we believe you have committed fraud or violated our Terms and Conditions, we may want to keep some of your information to avoid that you circumvent the rules applicable to our Platforms.

 You also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.

9. Cookies & similar technologies

To find out more, please see our Cookie Notice.

10. Confidentiality of your password

Where you have chosen a password which enables you to access certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

11. Links to other websites and social media

Our Platforms may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy practices and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

12. Changes to our Privacy Notice

Any changes we may make to our Privacy Notice in the future will be posted on this page. Where appropriate, we will notify you or seek your consent. Please check back frequently to see any updates or changes to our Privacy Notice.

13. Contact

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your Personal Data, you can do so by way of our emails or by sending a letter to the address mentioned at the beginning of this document.

Version dated 13 February 2017