Advice and answers from the HiyaCar Team

Effective Date: 1st November, 2015

Important Notice


PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY REGISTERING WITH US AND / OR USING THIS WEBSITE, YOU AGREE THAT WE MAY PROCESS YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY AND TO BE LEGALLY BOUND BY IT. PLEASE PRINT AND KEEP A PAPER COPY AND / OR RETAIN AN ELECTRONIC COPY OF THIS PRIVACY POLICY FOR YOUR RECORDS.
This Privacy Policy applies to users of www.hiyacar.co.uk (the "Website").

By using this Website and / or registering with HiyaCar, you accept this Privacy Policy and expressly consent to our collection, storage, use and disclosure of your personal data as described in this Privacy Policy.

WE CARE ABOUT YOUR PRIVACY

HiyaCar is committed to protecting your privacy and complying with applicable data protection and privacy laws. We hope that this Privacy Policy helps you understand what kind of information we collect through our Website and services and how we process such information.

Throughout this Privacy Policy the term "personal data" means any information relating to an identified or identifiable individual (i.e. a natural person). "HiyaCar" refers to HiyaCar Limited, registered address of Bennett Brooks & Co Limited, Suite 345 50 Eastcastle Street, London, W1W 8EA (also referred to as "we", "us", or "our"). Capitalised terms such as "Driver Eligibility Criteria", "Driver Registration Process", "Member", "Car", "Car Eligibility Criteria", "Car Registration Process", "Driver", "Sharer", etc. used but not decharged a cancellation fee of in this Privacy Policy have the meaning specified in the HiyaCar Terms & Conditions.

Questions

If you have any questions or concerns about our Privacy Policy, please contact our privacy team on support@hiyacar.co.uk. You may also contact us by mail at Privacy Team, HiyaCar Limited.

Contents

  • Scope
  • The Controller of your personal data
  • The personal data we collect about you
  • The purposes for which we use your personal data
  • Use of your personal data for marketing purposes
  • Our sharing of your personal data
  • Information you share on www.hiyacar.co.uk
  • Using information from www.hiyacar.co.uk
  • Your disclosure of your information to third parties
  • Use of cookies
  • Protecting your HiyaCar account
  • Security
  • Accessing, reviewing and changing your personal data

Changes to this Privacy Policy

Scope

This Privacy Policy describes how we handle your personal data. It applies to personal data collected through your use of the Website and services offered by HiyaCar and / or from other interactions with us and other users of the Website and Members. For example, this Privacy Policy applies to personal data collected by us when you register as a Driver or Sharer, or in connection with hiring a Car using the Website, as well as other services such as customer care or promotions and campaigns.

The controller of your personal data

For the purposes of the Data Protection Act 1998, to the extent that we use your personal data for HiyaCar's business or other purposes (for example, to arrange insurance or process a payment to us in connection with a Booking), the data controller in relation to your personal data is HiyaCar (defined above). In other circumstances, where you make personal data available over the Website for your own purposes (for example, when submitting content and other materials to a discussion group on the Website) or simply to enable us to process a transaction on your behalf, you will remain the data controller in respect of that use of the personal data.

The personal data we collect about you

You can browse our Website without telling us who you are or revealing any personal data about yourself. Once you give us your personal data, you are not anonymous to us. We may collect, periodically check and update and store the following personal data:

  • your name and age;
  • your email address, physical address, telephone number and other physical contact information;
  • your financial information, such as credit card and / or bank account numbers;
  • your location, photograph, Car hire and / or Car sharing history and feedback from Sharer’s and / or Driver’s about transactions they have entered into with you on the Website;
  • if you have registered with us as a Driver, your driving licence details, its status and related information including information from the Driving and Vehicle Licensing Agency (the "DVLA") confirming, for example, that, at the time of registration, you are at least 25 years of age; you have held your full (not provisional) UK driving licence for a minimum of 24 months; you have no more than 3 penalty points on your driving licence; you have had no drink-driving convictions; you have had no convictions relating to driving without insurance; and that you have had no more than two car accidents in the past 3 years. Following your registration, we will check with the DVLA and collect this information again once every calendar year;
  • If you have registered with us as a Sharer, information relating to your Car including sharership information, registration number, its age, condition, model, accident history, MOT history, tax history, and insurance coverage;
  • transactional information based on your activities on the Website (such as information relating to hiring / sharing a Car, feedback from other Members and content you generate or that relates to your Profile);
  • Member communications, discussions, and other content provided on or via HiyaCar's Booking Procedure, correspondence through our Website, feedback, information provided in connection with any dispute and / or its resolution and other correspondence sent to us or via the Website;
  • other information from your interaction with the Website, and our services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information;
  • additional information we may ask you to submit at any time to authenticate yourself or if we believe you are or may be in breach of Website terms and conditions or policies. For example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or sharership of a Car you list;
  • information from other companies, such as demographic and navigation data; and
  • other supplemental information from third parties (for example, if you incur a debt to HiyaCar we may ask you to send us additional information, such as your driver's licence, credit card statement, or a recent utility bill or other information confirming your address, or to answer additional questions online to help verify your information).

The purposes for which we use your personal data

Our primary purpose in collecting personal data is to enable us to provide the services over the Website and provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal data to:

  • provide the services (which will include sharing some of your personal data with other Members and third parties in accordance with this Privacy Policy) and any customer support that you request;
  • determine your rating and / or your Car's rating on the basis of the feedback provided by other Members about transactions they enter into with you on the Website;
  • determine your and / or your Car's ranking in search results depending on the number of Bookings you have successfully concluded;
  • resolve disputes, collect Booking Fees, and troubleshoot problems;
  • investigate and / or take action to prevent prohibited or illegal activities, and enforce our Terms & Conditions;
  • maintain, customise, measure and improve our services, the Website, and the content and advertising made available on or by means of the Website and / or our services;
  • tell you about our services, engage in targeted marketing, and provide service updates and promotional offers based on your communication preferences; and
  • compare information for accuracy, and verify it with third parties such as the DVLA, insurance companies and / or credit rating agencies.

Use of your personal data for marketing purposes

We do not share, sell, rent, or trade  personally identifiable information (“PII”) with third parties for their promotional purposes, without your explicit consent. We may combine your information with information of other Members and information we collect from other companies and use it to improve and personalise our services, content and advertising. If you don't wish to receive marketing communications from us or to participate in our ad-customisation programs, you can turn these off on your profile page 'preferences' tab or by contacting us on support@HiyaCar.co.uk

Special Offers and Updates

We will occasionally send you information on [products, services, special deals, promotions] [You can sign up for these emails from us on our registration page.]

Out of respect for your privacy, we present the option not to receive these types of communications. Please see the "Choice and Opt-out."

Newsletters 

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Receiving our newsletter is required for Members. If you wish to no longer receive our newsletters you may deactivate your account.

Service-related Announcements

We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. [You may opt-out of these communications. Please see "Choice and Opt-out."]

Choice/Opt-out

If you don't wish to receive marketing or any other communications from us, you can turn these off on your profile page 'preferences' tab or by contacting us on support@hiyacar.co.uk

You will be notified if your personally identifiable information is ever collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

If you do not wish to have your personally identifiable information shared and to opt-out from receiving further communications from any third party that is not our agent or service provider, please contact that marketing partner/affiliate directly. [Please update your user preferences on our Web site, by logging into your account and going to the Update account page].

Our sharing of your personal data

We may disclose personal data to respond to legal requirements, enforce our rights and any policies posted on the Website including this Privacy Policy and our Terms & Conditions, respond to claims that a listing or other content infringes the rights of others, or protect anyone else's rights, property, or safety.

We may also share your personal data with:

  • other Members, for example, where you are involved in a transaction with another Member, the other Member will have access to certain personal data including your user name and Profile details including your name, location, photograph, hire or sharing history and feedback from other Members with whom you have entered into transactions in the past and will obtain your full contact details via the confirmation e-mail when a Booking is agreed;
  • third parties such as the DVLA and insurance companies for driver or Car vetting purposes;
  • other third parties to whom you explicitly ask us to send your information or about whom you are otherwise explicitly notified and consent to;
  • law enforcement agencies, other governmental agencies or third parties in response to a request for information (such as a Section 29 (3) Data Protection Act 1998 form) relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other person (including Members) to legal liability. The personal data we disclose may include your HiyaCar user name and user name history, and your name, physical address details, telephone number, email address, fraud complaints and Car sharing and Car hiring history or anything else that we deem relevant;
  • service providers under contract who help with our business operations (such as customer support providers, debt recovery agencies, and insurance companies); and
  • if we decide to sell, buy, merge or otherwise reorganise our business, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.

Without limiting the above, in an effort to respect your privacy and our ability to keep the HiyaCar community of Members safe from those who attempt to carry out fraudulent or illegal activities on the Website, we will not otherwise disclose your personal data to law enforcement, other government officials, or other third parties without a court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of personal data is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We will always obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial.

Information you share on www.hiyacar.co.uk

Your user name and Profile information is displayed throughout the Website and so is available to other Members and the public and is connected to all of your HiyaCar activity. Other Members can see your feedback, ratings and associated comments. If you associate your name with your user name, other Website users may be able to personally identify your HiyaCar activities. In any event, if we detect policy breaches and / or other inappropriate or suspicious activity in connection with your use of the services, advisory notices we send to other users may also identify you and / or specific transactions you have entered into through the Website.

If you choose to set your profile as a private account, only Members will be able to see your car details and your Car will not be discoverable through any search results.

Using information from www.hiyacar.co.uk

HiyaCar enables you to share personal data to complete transactions. We expect you to respect the privacy of other Members. We cannot guarantee the privacy or security of your personal data when handled by other Website users and Members and therefore we encourage you to take care before entering into transactions / sharing your personal data with others. To help protect your privacy, we allow other Members access only to your Member's Profile (which includes feedback from other Members, hire history and an indication of the area you live in but does not outline your exact location and will not be more specific than the first part of your postcode) to facilitate your transactions. When Members are involved in a transaction, they may have access to each other's name, user name, email address, location, contact and other information. In all cases, you should comply with data protection laws, and comply with other Members' requests to review the information you have collected about them and, subject where appropriate to fulfilment of any contractual obligations relating to any outstanding Bookings, have their personal data removed from your computer or other storage systems.

You agree to use Member information only for:

  • HiyaCar transaction-related purposes that are not unsolicited commercial messages; and
  • other purposes that a Member expressly consents to.

Your disclosure of your information to third parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are visitors to the Website, Members, or others, different rules will apply to their use or disclosure of the information you disclose to them. HiyaCar does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We strongly encourage you to ask questions before you disclose your personal data to others.

Use of cookies

From time to time when you visit the Website, information may be placed on your computer to allow us to recognise your computer. This information is commonly in the form of a textfile known as a "cookie". Cookies are small pieces of data stored on your computer's hard drive, rather than on the Website. Typically, they enable collection of certain information about your computer, including your internet protocol (IP) address, your computer's operating system, your browser type and the address of any referring websites. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or to be able to continue a transaction when you log-on again if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services.

We do link the information we store in cookies to any personally identifiable information you submit while on our site.

If you do not wish to receive cookies, or want to be notified before they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view or use certain parts of the Website that may enhance your visit.

We have no access to or control over cookies used by third parties whose content is linked to or from our Website.

Protecting your HiyaCar account

Your password is the key to your HiyaCar account. Use unique numbers, letters and special characters, and do not disclose your HiyaCar password to anyone. If you do share your password or your personal data with others, remember that you are responsible for all actions taken in the name and user name of your account. If you lose control of your password, you may lose substantial control over your personal data and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

Security

We treat your personal data as an asset that must be protected.

There are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe, secure or hacker-proof. Therefore we cannot and do not promise, and you should not expect, that your personal data and communications will always remain secure and private.

We strive to protect your privacy by taking appropriate technical and organisational information security measures to prevent and minimise such risks. Such measures may include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of data processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorised use or disclosure. Where appropriate, we may also make back-up copies and use other such means to prevent accidental damage or destruction of your personal data. Where our Website supports on-line transactions, we will use an industry standard security measure, such as the one available through "Secure Sockets Layer" ("SSL"), to protect the confidentiality and security of online transactions.

Accessing, reviewing and changing your personal data

You can see, review and change most of your personal data or remove your account from the platform by signing on to your HiyaCar account. You must promptly update your personal data if it changes or is inaccurate. Upon your request to us at support@HiyaCar.co.uk, we will close your account and remove your personal data from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We retain personal data from closed accounts to collect any fees owed, resolve disputes, troubleshoot problems, comply with law, assist with any investigations, prevent fraud, enforce our Terms & Conditions, and take other actions otherwise permitted by law.

In case you wish to know what personal data we hold about you or you wish to update, rectify or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data you may also, as appropriate and in accordance with applicable law, exercise such rights by contacting us on support@hiyacar.co.uk. You may also contact us by mail at Privacy Team, HiyaCar Limited, C/O Bennett Brooks & Co Limited, Suite 345, 50 Eastcastle Street, London, W1W 8EA. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use the Profile management tools available on your HiyaCar account page for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it at no cost to you.

Please note that we may need to ask for additional proof of identification and / or for additional information before responding to any requests from you about the personal data we hold on you, or to update, rectify or delete any incomplete, incorrect or outdated personal data, or to cease processing your personal data. Please also note that a charge of £10 may apply if you wish to obtain a copy of the personal data we hold about you.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

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