SKIPR PRIVACY POLICY

Date of last revision: 21/11/2019

Deze Privacy and Cookie Policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Skipr (via privacy@Skipr.co) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze Privacy and Cookie Policy te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.

La présente Privacy and Cookie policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Skipr (via privacy@Skipr.co) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente Privacy and Cookie Policy, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.

This privacy and cookie policy (the “Policy”) includes both the privacy policy and the policy on the use of cookies on Skipr mobile application (the “Application”). It is always available on our website on https://www.Skipr.co/privacy (the “Website”).

Skipr SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal information very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”).

DATA CONTROLLER

Your personal data are handled by:

SKIPR SA/NV (hereafter: “Skipr”)

Rue du Mail/Maliestraat 50

1050 Ixelles/Elsene

Enterprise number: BE0712.537.551

To contact us: privacy@Skipr.co

1.  SCOPE OF APPLICATION

As used in this privacy policy (the “Policy”), the terms “using” and “processing” of Personal Data (as defined below) include subjecting the personal information to statistical or other analysis and using or handling personal information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring as detailed in this Privacy.

Skipr (“we” or “us“) provides this Policy to inform you of our procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Application and the services provided thereon or the Website or who participates in a contest organized by Skipr (the “Users” or “you”).

2.  WHAT INFORMATION DO WE COLLECT?

Skipr collects and processes two types of information: (i) information you or your employer provide to us, and (ii) information relating to the User’s use of the Application and/or the Website (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.

1. Information you or your employer provide to us:

Account:

When you decide to sign up to our Application, we will ask you to provide your phone number and your email address. This is required by several of our partners to, for example, allow you to book a train ticket, receive your ticket or obtain a payment confirmation. We might also use your email address to send you more information about our services or to assist you in case of a problem. 

When you create an account, buy a transportation ticket, proceed to a booking, send us an email or communicate with our customer service, you are voluntarily providing us with certain individually identifiable information that we collect and process. Such personal information may include but is not limited to your name, date of birth, gender, physical address, email address, telephone number, past expenses, billing information, bank account or other payment details. Should you give us details about another person, you hereby confirm that you fully respect the GDPR doing so and that you received every necessary authorization therefor.

We may also process additional information you may choose to provide to us on your account (i.e. personal data which must not compulsorily be given through the subscription process), such as photos, descriptions of your interests, commuting habits, languages spoken, who you are, where you live and where you work.

Additionally, your account may contain other necessary information as detailed in the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees. Said information might be provided directly by you or by your employer in the strict respect of the legislation in place concerning mobility budgets.

Location and travel timings:

In order to improve the Application and the services offered thereon and to help calculate distances and timing between two locations or the time needed to park in a given area, your location, places of departure and destination, the start and finish times, the date of the travel and the duration of the use may be collected.

Additionally, all necessary data that Skipr is obliged by law to collect and process shall be duly collected and processed (law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees).

Bancontact, Paypal and/or Credit card details:

We will ask for your payment details if you wish to buy a transportation ticket or proceed with a booking. Those details will not be stored by Skipr and will be exclusively processed by our external secure payment provider (Adyen whose Privacy Policy can be found here (article 9.2)).

Should you be part of our B2B program (meaning your employer is financing your usage of the Application) and should you benefit from a Skipr payment card, some additional personal data (mainly your identity details) might be processed by us to comply with our contractual and legal obligations in relation with the payment card.

Purchase details:

We might collect personal data relating to your bookings and purchases such as the purchased products, the date of purchase or your potential complaints. 

Besides, as provided by law, Skipr shall collect the necessary information as to enable you to have access to your booking history and to the amount left on your mobility budget as the case may be.‍

Correspondence:

When you contact our customer service or anyone of the Skipr staff, we may keep a record of that correspondence and collect the necessary information to classify your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Policy.

Contest:

When you participate in a contest organized by Skipr, we will ask you for the necessary Personal Data to manage the concerned contest such as a name, email address, phone number, age or place of residence.

(ii) Information we learn about you from your use of the Application and/or the Website:

We may process your IP address and certain non-personal information or aggregated data about how and when you use the Application and/or the Website. This information is usually of a technical nature (device settings and information, including but not limited to the type of browser, operating system, keyboard language, screen resolution, IP address, location, etc.) and of a behavioral nature (the actions taken by you on the Application and/or the Website, including but not limited to access times, pages requested, actions executed, etc.) and is used to compile statistical data about the use of our Application and/or Website.

We may also collect additional information in connection with your participation in any promotions offered by us and information you provide when giving us feedback.

3.  PURPOSES OF DATA PROCESSING

Skipr only processes Personal Data for the following purposes:

‍                  a. Execution of a contract (art. 6, § 1, b) of the GDPR):

We process certain Personal Data (name, phone number, gender, email address, date of birth, driving license number, location, travel timings) to execute the contract between you and us allowing us and the concerned service providers to process your purchases and bookings on the Application, to allow you to use your tickets through the Application, to confirm purchases and bookings, to inform you in case of problem, to offer you a summary of your travels in the framework of a mobility budget or other reward program organised by your employer, to enable you to know the remaining of the mobility budget you have, to treat your requests through our customer service or troubleshoot any problems. 

In case you are participating to a contest organized by Skipr, we also process certain Personal Data to allow us to manage said contest.

For the execution of our services, we rely on third parties’ providers:

• Data processors: we may rely on third party service providers to offer our Services and enhance your experience. Only to the extent required (i.e. to perform specific tasks on our behalf such as the storage of data, the order of a transportation ticket, the processing of a booking, targeted communication on the Application or calculation and suggestions concerning possible travel journeys), such third-party service providers (including some located outside of the European Union) will have access to your Personal Data. Once such third-party service provider has completed its specific task and their legal relationship with Skipr, they will no longer have access to your Personal Data except as required by law.
  

Our subcontractors are listed in a register of processing activities (kept internally). We ensure that all our subcontractors provide the same level of protection for your Personal Data as we do (including subcontractors located outside the EU).

• Joint controllers: other parties (our mobility partners) may rely on the Application. In such case, such third parties act as controllers or joint controllers along with Skipr and are responsible for the process of your personal data and you should refer, along with this Privacy Policy, to their specific Privacy Policy in this respect. As such, for example, the privacy policies of De Lijn (point 6 of the General terms and conditions) or NMBS/SNCB shall also apply.
  

In such a case, Skipr may transfer your Personal Data to the third party that offered the services you used (such as your email address, name or phone number) in the extent it is necessary to enable you to use the services provided by the concerned third party (confirmation of purchase or booking; tickets/codes necessary to travel; requests or claims you make; information in case of problem; control of your tickets/codes; etc.) and/or in case of illegal use of the third-party services.

Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below (“your rights”).

b. Compliance with legal obligations (art. 6, §1, c) of the GDPR):

We may also process your Personal Data in order to comply with the law, to complete all legally obligated paperwork in each country/region in which either the User or Skipr is active or in case of illegal use, when we receive orders from legal authorities. 

Skipr is working with employers to offer their employees an application that enables them to handle their mobility budget. As such, employers will be granted access to some Personal Data of their respective employees as provided by the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees.

c. Legitimate interests (art. 6, § 1, f) of the GDPR):

Beyond the collection of your Personal Data to provide our services to you, to organize a contest or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:

                 i. Improve user experience:

Tracking your use of the Application and/or the Website will allow us to personalize our services to your needs and process uploaded data related to your profile such as tickets and booking preferences, trips history or favourite addresses. It will allow you to correctly use the Application and/or the Website. This will also allow us to learn more about User preferences and general trends on the Application and/or the Website in order to improve the quality of the Application and/or the Website.

                 ii. Provide customer service:

We may collect additional Personal Data to perform general customer administration of your account by providing you with specific information on available services and by sending you communications about the Application (e.g. upcoming changes or improvements) as well as our other products and services and respond to your questions, treat your requests or troubleshoot any problems.

We may also verify the respect of your obligations set out in our Terms & Conditions and our Policy and investigate fraud and infringements on all applicable rules and regulations.

                 iii. Perform marketing actions:

We may process your Personal Data to contact you with newsletters, tailored suggestions and information exclusively about Skipr, such as events, app updates, contests or information about our Website or Application. We will not contact you regarding third parties and we will not provide your data to third parties for marketing purposes.

You can always choose to opt-out, at any time, of marketing promotions from Skipr and/or email correspondence from Skipr if you do not want your Personal Data to be used anymore for any of the aforementioned marketing purposes. If you do not want to receive commercial communications from us anymore, you can choose to unsubscribe from such commercial communications at any time by sending us an email at privacy@skipr.co.

‍                  iv. Generate statistics and perform statistical analysis:

We may generate anonymous statistics about the (use and Users of the) Application and the Website in order to improve the Application and the Website and to perform statistical analysis.

                 v. Sharing information with third parties:

Some of your Personal Data could be disclosed to other companies of our companies group to improve our services and could be shared with other mobility services providers such as MyMove and Mbrella to allow the Application and/or the Website to function properly and to have all necessary mobility data that could be included on the Application and/or the Website.

Anonymous visitor information about our Users and the Use of our Application and the Website can be disclosed to third parties for marketing, advertising and promotional purposes as well as for statistical purposes for mobility trends.

                 d. Other processing:

We will ask for your consent before using any Personal Data for a purpose other than those that are set out in this Policy. However, if you decide to add or provide additional Personal Data to your personal settings which must not compulsorily be given through the subscription process, by doing so, you give Skipr your explicit consent to process this additional Personal Data in accordance with this Policy.

4.  SECURITY OF YOUR PERSONAL DATA

In order to prevent the loss, misuse and alteration of your Personal Data, Skipr has implemented a variety of appropriate technical and organizational security measures conform with or exceeding industry standard technologies, in order to safeguard the confidentiality of your Personal Data and ensure your online safety. However, Skipr cannot guarantee that unauthorized access will never occur.

Skipr uses its best efforts to protect the confidentiality and security of your Personal Data.

In case of violation of your Personal Data, Skipr undertakes to notify the Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation.

Skipr shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties.

You may not disclose to or share with any third parties your account. If your phone has been stolen or if your account risks being hacked (for example because you change phone number or you lost your computer), please immediately inform us by sending us an email at privacy@skipr.co.

5.  DATA RETENTION PERIOD

We do not process your Personal Data any longer than is necessary for the purposes set forth in this Policy: we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Application.

Your Personal Data are deleted or anonymized maximum five years after your last use of our Application or deletion of your Account as some of our mobility providers request us to keep your Personal Data for such a period.

If you or your employer provided Personal Data to us regarding a mobility budget, your Personal Data are deleted or anonymized maximum seven years after your last use of our Application or deletion of your account as provided by article 10 of the Royal Decree of 21 March 2019 implementing the law of 17 March 2019 regarding the introduction of a mobility budget.

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6.  YOUR RIGHTS

Exercise of your rights is free of charge and can be done at any time if it is authorized by law. You may review, update, modify or delete your Personal Data at any time. Please promptly update your Personal Data if it changes. If you wish to delete your account or, more generally, exercise your right to be forgotten, you can send us an email at privacy@skipr.co and we will process your request. Please however note that some of your Personal Data are necessary for the execution of the contract.

If and to the extent provided under applicable Belgian and European law, you shall have the right:

a) to obtain from Skipr confirmation as to whether or not your Personal Data is being processed and, where that is the case, you shall have the right to access such Personal Data being processed;

b) to obtain from Skipr, without undue delay, the rectification of inaccurate or incomplete Personal Data;

c) to obtain from Skipr the erasure of Personal Data;

d) to obtain from Skipr the restriction of processing of your Personal Data;

e) to receive your Personal Data in a structured and commonly used, machine-readable format and have such Personal Data transmitted;

f)      to object to processing of your Personal Data and to object at any time and without any justification to the processing of your Personal Data and/or to the transmission of your Personal Data to third parties.

In many cases you can improve or modify your Personal Data yourself in your personal settings.

These rights can be exercised by sending an email to privacy@skipr.co or by sending a letter to Skipr SA/NV, Maliestraat/rue du Mail 50, 1050 Elsene/Ixelles, Belgium. You can also send this request through your employer with whom Skipr is always in touch for the B2B program.

You have the right to lodge a complaint with the authorized supervisory authority (the Data Protection authority) should you consider that the processing of your Personal Data infringes applicable law by sending an email to contact@apd-gba.be or any other email address provided by the authorized supervisory authority (https://www.dataprotectionauthority.be/contact-us).  

7.  MODIFICATIONS TO THIS POLICY

We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website and will be “popped-up” on the Application. In case of significant changes to the Policy that results in Skipr using your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a notice on the Application and/or send you an email notification.

8.  LEGISLATION AND COMPETENT COURTS

This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute.

Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium
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10.                QUESTIONS‍

If you have any further questions about this Policy or its implementation, please contact privacy@Skipr.co.  

Date of last revision: 21/11/2019