Data Protection Information for the Hansa-Taxi 211 211 App
Introduction and Basic Principle
Hansa Funktaxi eG with registered office Hamburg – hereinafter called “HANSA-TAXI“ – feels committed to protect your personal data and will treat your personal data confidentially, as provided for in the statutory provisions on privacy. In the following, HANSA-TAXI will give you information on the collection and use of your personal data when you use the HANSA-TAXI 211211 App – hereinafter called “App”.
Collection and Processing of Personal Data
HANSA-TAXI will collect and process your personal data only to the extent necessary for the provision of the functions included in the App or for their use by you and to the extent permitted by law.
In any other respect, the App will collect your personal data only if and when you enter them into the App. In these cases, the personal data entered by you will exclusively be collected and used for implementing the use of the App, for the indicated purpose and, if applicable, within the framework of the Consent that might have been given by you and, in any case, in accordance with the statutory provisions on data protection.
Data collected will as a rule consist of your name and your phone number and, as the case may be, your e-mail address and the payment means data you might have stored for the use of the In-App Payment.
Transfer of Personal Data, Storage
Personal data which might have been collected within the framework of your use of the App will exclusively be sent to servers located in the European Union and stored and processed there.
Furthermore, for handling payments within the framework of your possible use of the In-App Payment, the relevant payment data will, to the required extent, be transmitted to the respective payment service provider or, as the case may be, to the payment service selected by you.
Any other transfer or disclosure of your personal data to third parties will be subject to your explicit Consent, unless such transfer or disclosure is necessary for implementing the contractual user relationship or otherwise permitted or required by data protection regulations.
Subject to statutory retention periods (e.g. under tax law or commercial law), your personal data will in any case be stored for the term of the contractual user relationship and, as a rule, only as long as such storage is necessary in order to make the functions included in the App available to you for your use.
Some of the functions included in the App can only be used by you after you have granted your prior explicit authorisation for the use of your personal data related thereto (“Consent”). On the basis of such voluntary Consent, the App may, where applicable, have access to personal data stored on your mobile end device. In these cases and always provided that you have granted your Consent, you will be given prior notice of accesses actually made. But even if you have granted your Consent, the data protection principles shall apply.
For some of the functions included in the App, the location of your mobile end device will have to be identified. For this reason, you will be asked to give your Consent to the automated location finding after you have installed the App. If you give your Consent, the App will afterwards identify your actual location via GPS within the framework of your use of the respective functions. The data collected will only be used for carrying out the respective functions.
The Consent to the identification of your location will be given on a voluntary basis; it must, however, be noted that essential functions of the App cannot be used or can be used to a limited extent only if you refuse your Consent.
Right of Revocation
The Consent, if any, to collect and process your personal data may at any time be revoked with effect for the future.
In case of the identification of your location you may, for instance, revoke a granted Consent by prohibiting the App to identify your location within the area provided for in this respect on your mobile end device. Apart from that, a revocation may be given to us in text format (i.e. by fax message, letter or e-mail) by using the contact data indicated hereinafter or by means of functions, if any, available in the App.
After receipt of your revocation, we will delete the data covered by your Consent without any delay, if possible, but in any case within the periods required by statutory provisions, unless they are absolutely necessary for fulfilling the contractual user relationship maintained with you, for protecting our legitimate business interests or for complying with statutory retention periods (e.g. under tax law and commercial law).
Your Rights; Contact Data
To the extent provided for by law, you will have the right to request HANSA-TAXI at any time to give you information on the personal data stored by us with respect to your person and to assert any other statutory rights held by you in connection with your personal data (e.g. rectification or deletion). You are kindly asked to direct such request in text format (i.e. by fax message, letter or e-mail) to HANSA-TAXI or the data protection officer of HANSA-TAXI.
Art. 1 Subject Matter of the App T&C; Additional Terms for the In-App Payment Service
(1) These App T&C provide regulations for the use of the App when looking and arranging for a taxi. The App T&C shall be binding for each use of the App by you.
Art. 2 Registration and Log-In; Responsibility for Access Data
(1) A complete use of the App shall be subject to the communication of personalised information by you. The information given by you must be true and correct. Some information shall be necessary for HANSA-TAXI in order to make the functions of the App available for use by you (as a rule, your name and your phone number and in addition, when appropriate, your e-mail address). A communication of any further information by you shall take place on a voluntary basis. In the event that you actually provide us any further information, it must again be true and correct. If you refrain from giving us information, you might not be able to use the full functionality of the App.
(2) To the extent that you render necessary information or change information already given, you may receive a short message (SMS) with a verification code in order to verify the information rendered by you. In this case, please enter the received code at the place provided for this purpose in the App. Only after having made this entry, your information shall be deemed to have been effectively accepted.
Art. 3 Use of the App; Scope of Functions; Passenger Carriage
(1) In order to be able to use the APP you will need a functioning smartphone equipped with a current operating system and with GPS functions. HANSA-TAXI supports the operating systems iOS and Android.
(2) HANSA-TAXI shall provide the App together with the functions available in the version valid at the time being. Rights to be provided with certain functions or to preserve certain functions shall not exist. HANSA-TAXI shall particularly be entitled to change existing functions, to provide new functions for use as well as to remove existing functions from the function library either temporarily or permanently.
Your usage authorisation shall be limited to a use of the functions available within the App at the time being according to the regulations provided for in these App T&C.
(3) By means of the functions available for these purposes in the App, precise requests for, inter alia, a carriage of passengers or property may be directed to passenger carriage operators – hereinafter called “Taxi Operators”. The selection of the respective Taxi Operator shall be made via the technical infrastructure underlying the App. Depending on the location from which you send your request, it will first of all be transmitted to a local taxi control centre and from there to a suitable Taxi Operator.
Please note: The contract of carriage shall in any case come into existence outside the App and exclusively between the respective Taxi Operator and the passenger(s). HANSA-TAXI shall in no case become a party of the contract of carriage. These App T&C shall not apply to the contract of carriage and shall exclusively provide regulations concerning your use of the App.
As a consequence, the settlement of the trip shall exclusively be a matter between the Taxi Operator and the passenger(s), unless you make use of the In-App Payment function, if any, available in your App.
(4) HANSA-TAXI shall not be responsible for an actual conclusion of a contract of carriage between the Taxi Operator and the passenger(s) and shall explicitly exclude any warranty for the performance of the carriage.
Art. 4 Restriction of Use; Blockage
(1) You shall be prohibited from misusing the App. A misuse shall particularly be defined as
(i) initiating a request for the carriage of passengers or property without having an actual wish to be carried to any place; as well as
(ii) any excessive use of the App or the underlying technical infrastructure by you.
When deciding to block your access, HANSA-TAXI shall take due account of your legitimate interests. In the event of a justified blockage, your usage authorisation shall immediately cease to exist.
Art. 5 Availability of the App
(1) Some functions of the App require data transfers via the public Internet between the App and the underlying infrastructure. For this reason, your right as to the usability of the App – hereinafter called “Availability” – shall only exist within the framework of the technical possibilities of HANSA-TAXI and within the limits of these App T&C.
(2) HANSA-TAXI shall strive to make the App available without interruptions as far as this is possible. A continuous availability of the App shall, however, not be owed. Especially technical malfunctions (e.g. problems in the data cables) may result in temporary restrictions of the App’s availability.
(3) HANSA-TAXI may from time to time perform maintenance works at the relevant technical infrastructure (e.g. webserver). During such times, too, the App may be available to a limited degree only or completely unavailable.
Art. 6 Costs and Prices
(1) The use of the App shall be without charge, unless individual functions of the App are explicitly described as functions subject to a fee.
(2) The settlement of the trip shall exclusively be a matter between the Taxi Operator and the passenger(s), unless you make use of the In-App Payment service, if any, available in the App. An obligation of use the In-App Payment shall not exist.
(3) In case of cashless payments, a tariff-related surcharge may be charged. Type and amount can be derived from the corresponding applicable local taxi tariffs.
Art. 7 Liability and Liability Restrictions
(1) In the event that you incur damage due to the use of the App’s functions made available without charge, HANSA-TAXI shall only be liable if the damage occurred due to the use of such functions in accordance with the Contract and, furthermore, only in case of intent (inclusive of fraudulent intent) and gross negligence on the part of HANSA-TAXI or its legal representatives, officers or ordinary agents employed for the performance of the obligations of HANSA-TAXI.
(2) Within the framework of your use of functions made available free of charge, HANSA-TAXI shall exclusively be liable according to the following provisions:
(i) HANSA-TAXI shall be liable without any restriction in case of damage caused by HANSA-TAXI or its legal representatives, officers or ordinary agents employed for the performance of its obligations either intentionally or with gross negligence.
(ii) In case of a slightly negligent infringement of an obligation the adherence of which could reasonably relied on by you and the compliance with which is indispensable for a proper performance of this App User Contract (so-called cardinal obligation), the liability of HANSA-TAXI shall be limited to the damage that must typically be expected within the framework of this performance relationship (so-called foreseeable damage typical to the contract). In any other respect, a liability for damage caused by slight negligence shall be excluded.
(iii) If HANSA-TAXI is liable according to the preceding paragraph (ii), HANSA-TAXI’s liability per damage event shall be limited to an amount equal to the price for the taxi trip that might have been paid by you to the Taxi Operator.
(3) HANSA-TAXI shall not be liable that all information rendered (e.g. your location or the request for carriage) is always complete and correct and always transmitted completely and correctly.
(4) The statutory liability for fraudulent intent, personal injury and the liability according to the product liability act shall remain unaffected from the preceding provisions.
Art. 8 Data Protection
(1) The commitment of HANSA-TAXI in terms of quality includes a responsible treatment of personal data of its users and the best possible protection of such data.
Personal data received within the framework of the use of the App shall be collected, stored and processed by HANSA-TAXI only if this is necessary for the contractual performance or required or permitted by data protection regulations. HANSA-TAXI shall treat personal data confidentially and in compliance with the relevant data protection regulations.
(2) Apart from that, HANSA-TAXI shall make use of personal data only if the respective users have given their explicit Consent thereto. A Consent, if any, may be revoked by the respective users at any time and shall be effective for all activities performed in future.
(3) Further information concerning the handling of personal data by HANSA-TAXI can be found in the Data Protection Information.
Art. 9 Termination and End of the App User Contract
(1) This App User Contract may at any time be terminated without notice by either party.
(2) You may, for instance, terminate this Contract by ceasing to use the App or uninstalling it from your smartphone. HANSA-TAXI may, for instance, terminate the Contract by blocking access to the App.
Art. 10 Applicable Law, Place of Performance, Place of Jurisdiction
(1) The applicable law shall be the legislation of the Federal Republic of Germany under exclusion of the UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods, CISG).
(2) Place of jurisdiction and place of performance for all disputes shall be Hamburg if the customer is a merchant.
(1) These Payment T&C provide regulations for the use of the App function for cashless payment of taxi trips (In-App Payment). The Payment T&C bindingly apply each time you use the In-App Payment.
(3) The definitions set forth in the App T&C shall also apply to these Payment T&C.
Art. 2 Functionality of the In-App Payment; Restrictions
(1) By means of the In-App Payment you will be able to pay the carriage charge owed to the Taxi Operator cashlessly via the App, always provided that the Taxi Operator is linked to such system. To this extent, the use of the In-App Payments shall in any case also be possible if the taxi was not ordered via the App.
(2) In the In-App Payment, you may store data for payment means (e.g. PayPal or credit card). The means of payment shall be linked to your registration data. A deletion of the stored means of payment from the In-App Payment shall be possible at any time. In order to store and use the PayPal means of payment, you must hold a valid PayPal account.
(3) You shall not have the right that the means of payment which may as a rule be stored in the In-App Payment will be available to you without any restrictions. HANSA-TAXI may at its own discretion impose restrictions in this respect at any time.
(4) HANSA-TAXI shall provide the In-App Payment in the most recent version of the App available at the time being. You shall not be entitled to claim a preservation of the In-App Payment in an unchanged form.
(5) The contract of carriage between the Taxi Operator and the passenger(s) shall remain unaffected from the use of the In-App Payment. The taxi driver shall not be informed about the means of payment used by you within the framework of the In-App Payment.
Art. 3 Handling of Payment Processes; Charges
(1) With respect to the In-App Payment, HANSA-TAXI shall primarily provide the function within the App as well as the underlying technical infrastructure. The payment processes shall - depending upon the chosen means of payment – be handled via HANSA-TAXI (e.g. in case of a customer card, if available) or via the respective payment service provider (e.g. PayPal).
HANSA-TAXI shall not assume any responsibility for the correct handling of the payment process via the respective payment service provider (particularly in case of payments by credit card or PayPal). In case of problems or errors during the handling of the payment process, especially in the event of false entries, please contact the respective payment service provider.
(2) For executing the respective payment process, you may select the means of payment favoured by you from the payment means offered for this purpose (e.g. credit card or PayPal). If you want, you may add a tip at your own discretion.
(3) The amount becoming due within the framework of the contract of carriage shall be reported to HANSA-TAXI by the Taxi Operator. If you use PayPal as means of payment, you will pay the amount without HANSA-TAXI getting knowledge of your respective bank and credit card data. The electronic debiting procedure shall take place directly between you and PayPal.
(4) The means of payment stored by you may trigger additional charges (e.g. PayPal fees) on the basis of the contract between the payment service provider and yourself when you make use of them, and such charges shall be debited outside the In-App Payment process.
(5) Possibly, you will be able to use functions within the App which permit a distribution of the carriage charge among several passengers. If you make use of such functions, the preceding provisions shall apply mutatis mutandis to the share of the carriage charge to be borne by you.
Art. 4 Your Duties and Responsibilities
(1) When you register for the In-App Payment, you have to make personal information available. The information rendered by you must be true and correct. If you indicate an e-mail address within the framework of the registration, it must be a valid address; its validity shall be checked by e-mail verification. If you fail to indicate an e-mail address, you will not be able to use all In-App Payment functions.
As an additional safeguard, you may store a personal password if you want.
(2) When using the In-App Payment, you shall - within the area of your responsibility - be obliged to ensure a reasonable data security and confidentiality. In particular, no sensitive data (e.g. user name or password) must be disclosed or forwarded to unauthorised third parties.
If you fear that unauthorised third parties might have become knowledge of sensitive data, HANSA-TAXI must be immediately notified under email@example.com.
(3) You shall be obliged to ensure that the means of payment used by you are at any time sufficiently covered.
(4) In the event of a return debiting due to a conduct you are responsible for, you shall be obliged to pay the costs for the return debit. Any further claims on the part of HANSA-TAXI shall be reserved.
Art. 5 Remuneration
HANSA-TAXI shall not charge you any remuneration in return for the use of the In-App Payment.
Art. 6 Termination and End of the In-App Payment
(1) This Payment Contract may at any time be terminated by either party without notice.
(2) You may, for instance, terminate this Contract by deleting the payment means data stored for the In-App Payment (e.g. credit card data). HANSA-TAXI may, for instance, terminate the Contract by blocking the In-App Payment.