Version published on 15/01/2020
ARTICLE 1. PREAMBLE
OuiCar S.A.S., a simplified joint stock company with a capital of €7.668.70, registered on the Paris Trade and Companies Register under the number 752 991 703, the registered office of which is located at 9 Rue du 4 Septembre, 75002 Paris, France, in its capacity as Controller, attaches great importance to the protection and respect of the private life of its Users.
Any personal information that you may provide to OuiCar when using our Services is subject, in particular, to the provisions of the Personal Data Protection Regulations (the French Computers and Data Protection Law 78-17 of 6 January 1978, as amended by the Law of 6 August 2004, and, from 25 May 2018, the European General Data Protection Regulation of 27 April 2016 and any national law that may supplement it).
ARTICLE 2. DEFINITIONS
- ‘Controller’: means OuiCar, the Controller that is responsible for processing Personal Data relating to Users that is collected in relation to the access to the Platform and use of the Services;
- ‘Data Subject’: means Users whose Personal Data is collected and integrated into the processing of OuiCar’s Personal Data;
- ‘Personal Data’ or ‘Data of a Personal Nature’: means any information relating to an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
- ‘Personal Data Breach’ means a security breach resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or unauthorized access to personal data transmitted, stored or otherwise processed.
- ‘Processing Data of a Personal Nature’ or ‘Personal Data’: means any operation or set of operations that is performed on Personal Data, whatever the process used, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- ‘Processor’ means any natural or legal person who processes Personal Data on behalf of OuiCar;
- ‘Purpose’ or ‘Purposes’: means the principal objectives given to the processing operation and the substantial functions implemented;
- ‘Recipient’ or ‘Recipients’: means the natural or legal persons who receive personal data from OuiCar. The recipients of the data can, therefore, be the employees of OuiCar and external organizations (partners, advertisers, banking institution, participants, etc);
OuiCar is referred to below as ‘OuiCar’, ‘us’ or ‘our’. The User or Member is referred to below as ‘the User’ or ‘the Member’, ‘you’ or ‘your’.
ARTICLE 3. PERSONAL DATA COLLECTED AND PROCESSED
OuiCar builds strong and lasting relationships with its Users that are based on mutual trust. For OuiCar, ensuring the security and confidentiality of its Users’ Personal Data is an absolute priority.
OuiCar is first and foremost the Controller of your Personal Data collected when you use our Services and Platform.
The Personal Data relating to our Users is generally collected directly from them.
The collection of your Personal Data may, however, occur indirectly.
OuiCar undertakes to obtain the consent of its Users and/or allow them to object to the use of their data for certain purposes, where necessary. In other words, via specialized companies or OuiCar’s partners. In such situation, OuiCar takes the greatest care to ensure the quality of the data that is provided to it.
It is also fully possible for you to browse the pages of the Website without having to register. However, if you wish to access all of our Services, you must register and provide us with certain mandatory or optional information. It is clearly stated whether the information requested is optional or not.
3.1. Personal Data required to register for the Member Account and rent a Vehicle between Users
In order to provide you with our Services, OuiCar needs to collect information about you. This information may be Personal Data or not.
In order to access our Services, the User completes an online registration form. The User’s Personal Data includes the following:
- First name
- Email address
Please note that if the Visitor, as a future User, registers using his Facebook or Google+ account, we collect some of his or her data that is necessary for the registration such as title, first name, surname and photo. If this is the case, the User agrees that OuiCar may transmit his or her Personal Data provided by Facebook or Google+ via the registration in order to have access to the entire Service.
* Rental of a Vehicle between Users
In order to rent a Vehicle on the Platform, Users provide OuiCar with the following information and Personal Data:
- Copy of driving licence
- Driving licence date, country and number
- ID card
- Telephone number
- Date of birth
- Mailing address
- Mini-biography of the User
- Type and make of the Vehicle
- Date of entry into service of the Vehicle
- Vehicle model
- Vehicle information
- Photo of the Vehicle
- Number of rentals
- Country and year of first registration of the Vehicle
- Registration number of the Vehicle, for owners
- Address of the parking place or places for Vehicles equipped (or not equipped) with the OuiCar Connect technological solution
- Information on the periods of availability of the Vehicle
- Information on the price determined by the Owner
- Copy of the annual vehicle insurance certificate (coloured green)
- Vehicle registration certificate
- Vehicle warrant of fitness
- Copy of the rental agreement
3.2 Personal Data required for payment
In addition to the data listed above, the User must provide his or her bank details for the purpose of booking the Vehicle and receiving payments so that the Services provided by OuiCar are fully implemented.
For the Owner, the Personal Data is the following:
- BIC Code
If the Owner is a professional, the Personal Data and information required includes the following:
- Company name
- Legal form
- Registered office address
- SIRET/SIREN number
- First name and surname of the lawfully appointed representative or person authorised to act on behalf of the company in question
For the Rental Customer, Personal Data is the following:
- First name and surname of the credit card holder
- Expiry date of the credit card
- Number of the credit card
- Visual cryptogram
In relation to the storage and processing of your bank details, after the payment made by the User, OuiCar stores only the first and last name of the credit card holder and the last four digits of the credit card. A transaction number for your rental payment is then produced and stored by OuiCar.
The payment data is also processed and stored by our service provider, the Danelys company, 55 Rue Raspail, 92300 Levallois Perret, in accordance with the strictest security rules.
3.3 Personal Data relating to browsing
OuiCar generates cookies on certain pages of the Platform in order to facilitate navigation for its Users. These cookies are small temporary files in most cases. They are installed on your hard disk and generally remain on your hard disk only for the duration of a session. You can always block the installation of cookies via your browser, but this may prevent you from accessing all of our Services.
For more information on the use of your cookies, see our ‘Cookies Policy’, available HERE.
OuiCar also records certain data about your browsing and use for statistical purposes. The Data and information collected is the IP address, pages visited before and after browsing the OuiCar website or your web browser, which are studied and analyzed in an overall, compiled and not individualized manner by OuiCar.
3.4 Personal Data required for evaluations and/or comments
For the purpose of using the Services and interaction between Members, OuiCar reserves the right to display some of your Personal Data that you decide to make public on the Website and/or on the Application.
This Personal Data includes the following:
- First name
- Last name (optional)
- Profile photo (optional)
- Number of rentals and evaluations
- Mini-biography (optional)
3.5 Personal Data relating to the newsletter and emails or information notes
The User can choose to subscribe to the OuiCar newsletter by means of a ‘checkbox’ in the settings of his or her Member Account.
- any OuiCar promotional offers (promotional codes, special offers, contests, etc);
- new advertising campaigns;
- newsletters and other information relating to the development of the Services;
- proposals to participate in studies, surveys, questionnaires and tests as part of the improvement of the Platform and in order to satisfy its Members.
The User can unsubscribe from the newsletter either by unchecking the ‘checkbox’ in the settings of his or her Member Account or by clicking on the deactivation link in the email received.
3.6 Personal Data related to the OuiCar Connect solution
For the OuiCar Connect solution, the Owner accepts, via the Specific Conditions of Use of OuiCar Connect (SCUC), the installation of a Connect box in his or her Vehicle. The box collects and transmits to OuiCar only the data of the User that is necessary to provide the OuiCar Connect solution.
For more information on the processing of your Personal Data for the OuiCar Connect solution, please read our SCUC, available HERE.
In all situations, the User undertakes to provide only genuine and lawful information and will keep OuiCar informed of any modifications or changes.
ARTICLE 4. RIGHTS AND ACCESS TO PERSONAL DATA
As a User or Member of our Platform:
- You can ask OuiCar to confirm whether or not your data is processed.
- You can access the Personal Data we hold via your Member Account in order to correct, modify or delete any incorrect information or Personal Data.
- You can close your Member Account at any time and you have the right to object or limit the processing of your Personal Data.
- You can issue objections, limitations, restrictions on the use of the data by asking us to stop using all or part of your Personal Data.
- You can request to stop receiving our newsletter or any information notes.
- You have the right to file a complaint with the competent supervisory authority or obtain compensation from the competent courts if you consider that we have not respected your rights.
- You also have the right to the portability of your data, ie, the right to receive only the Personal Data you have directly provided to us for purposes based solely on the consent of individuals. In such situation, the data will be provided in a structured format that is commonly used and readable by the machine.
- You also have the right to define guidelines for the fate of your Personal Data after your death.
Users have the right to request a copy of their Personal Data that is the subject of processing by OuiCar. However, in the event of a request for an additional copy, OuiCar may require customers and prospective customers to bear the cost.
Users hold the rights cited above provided that:
- The request comes from the person him or herself and is accompanied by a copy of an up-to-date, signed, identity document.
- The request is sent in writing to the following address: OuiCar Customer Services, 9 Rue du 4 Septembre, 75002 Paris, France, or by email to: email@example.com.
ARTICLE 5. USE OF PERSONAL DATA
The main purpose of the Processing Personal Data that we carry out is to manage our Services for the linking of Owners with Rental Customers.
Above all, we seek to facilitate the use and browsing of the Platform for all of our Members or Users.
Depending on the situation, OuiCar processes your data for the following purposes in particular:
- Management of the User relationship;
- Intermediation in the contractual relationship between the User and the Owner or Rental Customer through the Rental Agreement;
- Management of the relationship with our partners/suppliers (eg, insurance);
- Sending you information about our services (eg, booking, rental confirmations) by email, SMS or any other means of communication;
- Receiving your payments or the amounts received to your bank account;
- Allowing you to create and customize your Member Account profile on our Platform;
- Allowing you to communicate and exchange with other Members of our community;
- Allowing you to make comments or send evaluations;
- Providing you with access to and enabling you to communicate with our Member relations service;
- In the event of any breach by you, we may suspend your Member Account on our Platform;
- Sending you, in accordance with applicable laws and with your consent where required by law, marketing, advertising and promotional messages and information relating to the use of our services and booking procedures or suggesting or advising you on goods or services that may be of interest to you;
- Informing you of changes to our Services;
- Verifying the information contained in your passport, driving licence, identity card or any other identity document that we may have collected when you register or use our Platform;
- Improving and optimizing our Platform, in particular to ensure that the displaying of our content is adapted to your mobile device;
- Allowing you to use the interactive features of our Services if you so wish;
- Helping us to protect a healthy and secure environment on our Platform;
- Improving our Services and satisfaction survey;
- Resolving any disputes or problems and applying and ensuring compliance with our General Conditions of Use;
- Organizing events;
- Moderating comments on social networks;
- For statistical purposes.
In addition, the Personal Data may be communicated to any legally authorised authority. In such situation, OuiCar is not responsible for the conditions under which the staff of such authorities have access to and use your data.
These Purposes are based on OuiCar’s legitimate interest in holding data about its Users.
OuiCar’s relationship with its Members will be based on the General Conditions of Use that were accepted at the time of subscription.
The messages sent to OuiCar must directly relate to OuiCar’s Services and only objective facts relevant to the processing of the request.
No sensitive data, being information on racial or ethnic origin, political, philosophical or religious opinions, trade union membership, health or sex life should be sent to OuiCar by any means whatsoever. Any message sent to OuiCar must follow basic rules of politeness and courtesy.
ARTICLE 6. MODERATING YOUR MESSAGES
OuiCar may read the messages you exchange with other Members of our community via our Platform, in particular for the purposes of preventing fraud, improving our Services or user assistance and verifying compliance by our Members with the agreements concluded with us and, in particular, our General Conditions of Use. For example, in order to prevent a Member from bypassing our online booking system, we can review and analyze the messages exchanged on our Platform to ensure that they do not contain any contact information or references to other websites or comments that might harm OuiCar’s image or activity.
We never read your communications with other Members of our community for promotional or advertising targeting purposes. Where possible, we use automated systems to moderate messages sent between Members via our Platform.
ARTICLE 7. PERIOD OF STORAGE OF PERSONAL DATA
We retain your Personal Data only for the period necessary to perform our Services and for the duration of your membership.
We archive Personal Data from closed Member Accounts only in accordance with the rules applicable to the protection of your data in order to comply with applicable legislation, prevent fraud, collect amounts due, settle disputes, resolve technical problems, participate in investigations, apply our GCU and take any other action permitted by law.
ARTICLE 8. DISSEMINATION OF PERSONAL DATA
Our Members are identified on the pages of our Website by their first name and the first letter of their surname. This information is only visible to Website Members; an alias will be visible to other people browsing the Website who are not connected as Members.
The Owner’s vehicle and the evaluations relating to them are visible to Website Visitors, whether or not they are Members. This facilitates searches for vehicles on the Website and exchanges between Members. Similarly, certain personal information may be sent to the Owner and Rental Customer depending on the type of event, such as the confirmation of the rental or the booking request. This is intended to facilitate the conclusion of the Rental Agreement between Members.
As clearly stated in the previously accepted General Conditions of Use, Personal Data obtained by a Member via OuiCar may be used only for communications relating to your activity on www.ouicar.fr and urls “www.ouicar.com”, “www.ouicar.es”, “www.ouicar.co.uk”, and/or any other use that the Member in question may have specifically consented to after having been duly informed.
It should be noted that the contact details of the Member or User (full name and address) will not appear on the Platform. In order to facilitate contact, some of these details (email, telephone number) will be sent to the Rental Customer and the Owner only once the booking has been accepted by the Owner.
We publish the feedback that you write as part of our evaluation system on our Platform. Such feedback, which contains your first name, the first letter of your last name and your photograph, are visible to all Visitors to our Platform.
If we sell or acquire a business or assets, we reserve the right to share your Personal Data with the potential seller or buyer of such business or assets.
If OuiCar or all or part of its assets are acquired by a third party, the data in our possession will, if necessary, be transferred to the new owner.
We draw your attention to the fact that if you decide to allow us to access some of your information, including your Personal Data, through connection services provided by our business partners, their privacy policies are also applicable to you. We have no control over the collection or processing of your data by our business partners on their own platform. OuiCar declines any liability for the use made by those sites of the information collected when you click on such links. OuiCar invites you to read the privacy policies of those sites before sending them your Personal Data.
In any event, you must guarantee other Members a right of opposition, access and rectification of the information you hold about them. In addition, you cannot, except in the specific cases referred to in this paragraph, provide the personal data of other Users to third parties without our consent and that of the Users in question.
The sending of unwanted messages from one Member to another is strictly prohibited.
ARTICLE 9. RECIPIENTS OF PERSONAL DATA
As part of the use of our Services, some of your information is transmitted, via your public profile or as part of the booking process, to other Members of our community who are authorized to place advertisements on our Platform.
We work closely with third party companies that may have access your Personal Data, including:
- The Processors we use for:
- Technical services for the functional needs of the Platform;
- Installation services of our OuiCar Connect solution;
- Payment services for the requirements of transfers and/or payments made via our Platform;
- Verification of the identity of Users in the context of a dispute or moderation/deletion of a Member Account;
- Providers of analytical solutions or search engines to improve and optimize our Platform;
- Collection and credit agencies for any pre-litigation or litigation with our Users;
- Our insurance partners or insurance intermediaries in order to confirm your eligibility for insurance, enable you to subscribe to the proposed insurance contracts and manage your claims, if applicable, and meet their legal and regulatory obligations;
- Our legal partners (lawyers, etc) for any pre-litigation or litigation with our Users;
- Our commercial partners, on the websites of which we may advertise our Services;
- Social network platforms that can offer you features that allow you to integrate information from your account on their platform into your OuiCar profile.
The following may also be able to access your data:
- Judicial bodies, auxiliaries and officers in the context of their debt recovery task;
- The organisation responsible for managing the list of oppositions to telephone solicitations;
- The authorised staff of processors;
- OuiCar staff.
ARTICLE 10. TRANSFER OF PERSONAL DATA
We store your Personal Data in the European Union. It is possible, however, that the data we collect when you use our Platform or as part of our Services may be transferred to countries outside the European Union.
The User acknowledges having been informed and accepts that the Personal Data concerning him or her may be sent to service providers located in third countries that are not Members of the European Union and that do not have equivalent protection, namely:
- With regard to data flows to a partner in Morocco, these data flows are for the purpose of outsourcing the customer relationship management via a hotline platform that monitors customer relations (enquiries, complaints, after-sales service), manages customer accounts, customer invoices and contracts, feedback, unpaid invoices and prospecting. The categories of data in question are the following: identification data, data on personal and working life, economic and financial information, connection and location data.
Data transfers to Morocco are governed by cross-border flow agreements established in accordance with the current, standard, contractual controller/processor clauses issued by the European Commission.
- With regard to data flows to a partner in the United States, these data flows are for the purpose of the hosting the management of customer relations, contacts, emails, complaints and claims, assistance, ticketing to manage customer requests, workflows and content management of the Website. The categories of data in question are the following: identification data, data on personal and working life, economic and financial information and connection data.
The data transfers to the United States are to a Privacy Shield certified service provider.
ARTICLE 11. SECURITY
Any actions carried out using your password and email are subject to your full liability. It is, therefore, essential that you do not pass on this information to a third party because you will lose control over your data and could be bound by the obligations contracted on your behalf.
If you receive an email asking you to update information such as passwords, credit card numbers or aliases, do not reply to it and contact us via the ticket system in the ‘contact us’ section. If your password has been provided to third parties, you must immediately change it via your Member Space.
You agree to keep this password secret at all times and not share it with anyone.
It is OuiCar’s responsibility to define and implement the physical or software security measures that it deems appropriate to prevent the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of data.
The website www.ouicar.fr and urls “www.ouicar.com”, “www.ouicar.es”, “www.ouicar.co.uk” are hosted in Dublin (Ireland) on the computer equipment of Amazon Web Services, the registered office of which is 410 Terry Avenue North, Seattle, WA 98109-5210, USA, https://aws.amazon.com/fr/.
ARTICLE 13. IDENTITY OF THE CONTROLLER
The Controller is OuiCar S.A.S., a simplified joint stock company with a capital of €7,668.70, registered on the Paris Trade and Companies Register under the number RCS 752 992 703 and the registered office of which is 9 Rue du 4 Septembre, 75002 Paris.
ARTICLE 14. CONTACT AND COMPLAINTS
You have a right of access, rectification, limitation, deletion and portability of your personal information, the possibility of objecting to the processing of such data for legitimate reasons or at any time by opposing the use of your data for commercial purposes and informing us of your instructions on the fate of your data after your death, which you can exercise at any time by emailing OuiCar Customer Services at firstname.lastname@example.org or by sending a letter to:
OuiCar Customer Services
Re: Personal Data Protection
9 Rue du 4 Septembre, 75002 Paris, France.
Such requests must be made by letter (or email) by the author and accompanied by a photocopy of a signed identity document.
OuiCar will endeavour to comply with your request within a reasonable time and, in any event, within the time limits set by law.
You also have the right to file a complaint with the competent supervisory authority, the Commission Nationale de l’Informatique et des Libertés [National Computers and Data Protection Commission] at https://www.cnil.fr.