Privacy Statement for Taxi Owners & Drivers

CLAUSE

Important information and who we are
The personal data we collect about you
How we collect your personal data
How we use your personal data
Disclosures of your personal data
International transfers
How we make your data secure
Data retention
Your legal rights
Glossary

Introduction

Welcome to Ubiquitous Limited’s (“Ubiquitous”) privacy notice for taxi owners and drivers.
Ubiquitous respects your privacy and is committed to protecting your personal data. This privacy notice tells you how we look after your personal data, about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Ubiquitous collects and processes your personal data.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

It is also important to check back often for updates to this policy. If we make changes we consider are important, we will let you know by contacting you using your personal data appropriately for this purpose.

Controller

Ubiquitous Limited is the controller and responsible for your personal data (referred to as “Ubiquitous”, "we", "us" or "our" in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact data privacy manager using the details set out here:

Contact details

Our full details are: Ubiquitous Limited
Data Privacy Manager: Simon Lavelle
Email address: [email protected]
Postal address: Sutherland House, 5-6 Argyll Street, London W1F 7TE

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We may need to update this privacy notice depending upon the implementation of the new UK data protection laws (from May 25th 2018) and any guidance subsequently issued in conjunction with them by the ICO and any other applicable regulator. Please check back regularly for updates. As mentioned above, we will notify you of any important changes. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. The personal data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes your first name, any maiden name, last name, gender, taxi registration number.
Contact Data includes your home address, email address and landline and mobile telephone numbers.
Financial Data includes details of your bank account.
Operational Data includes location and GPS data from any GPS or other locational system or device installed by or on behalf of Ubiquitous in or on the taxi owned or driven by you where such installation has been agreed with you, consisting of latitudinal and longitudinal position of each taxi which will be collected at regular intervals and which will be date and time stamped, as well as (indirectly) details of working and operational hours within commuter areas in London that are relevant to Ubiquitous’ advertising campaigns.

We also collect, use and share Aggregated Data such as statistical data and anonymised Operational Data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we will aggregate and share with Specific Third Parties your anonymised Operational Data with that of other taxi owners and drivers to demonstrate where taxi advertising is being displayed at any given time during an advertising campaign in order to:

Demonstrate total numbers of taxis involved in a particular advertising campaign visiting or passing zones and points of interest relevant to Specific Third Parties for the purposes of them evaluating the effectiveness and value of the relevant advertising campaign, during the campaign itself;
Allow the Specific Third Parties to marry such Aggregated Data with other media channel data of their own, such as mobile device targeting data.

Such Aggregated Data may be shared directly via an online application programming interface or portal or in any other manner we deem appropriate.

We will also use such Aggregated Data ourselves in our sales and marketing materials to prospective and actual clients and their agencies, to demonstrate the value of our services, and for our own internal business purposes to evaluate advertising campaigns and to predict how future advertising campaigns can operate. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. For example, if you refuse to allow us to collect details of your bank account, we will need to make alternative arrangements with you to make payment to you for your services. We will notify you of any issues if this is the case at any time.

3. How we collect your personal data

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, submitting online forms and details or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you first sign up to a contract with Ubiquitous to provide your services.
Automated technologies or interactions. We will automatically collect Operational Data about you and your taxi via the GPS or other system or locational device in or on the taxi owned or driven by you where you have agreed to the installation of such system or device. This Operational Data may initially be collected by Specific Third Party Collectors on our behalf and then passed on to us.
Third parties. If you are a driver within a taxi fleet, we are likely to receive personal data about you from the fleet owner or their representatives, including Identity Data and Contact Data. You should review and verify the relevant privacy policy of your fleet.

4. How we use your personal data

We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data. Generally we do not rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as an owner/driver	(a) Identity (b) Contact	Performance of a contract with you
To process and make payment to you	(a) Identity (b) Contact (c) Financial	Performance of a contract with you
To manage and evaluate our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Coordinating and enabling performance of services undertaken or to be undertaken by you (c) Addressing any issues or difficulties you may have in the performance of services undertaken by you and/or any non-performance by you (d) Identifying the visibility of advertisements placed on the taxi owned or driven by you against points and zones of interest	(a) Identity (b) Contact (c) Operational	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to ensure our contracts with clients and their agencies are properly fulfilled, that we are able to show clients and their agencies where and when their advertisements are displayed and that you, as engaged by us as a contractor, are able to perform your services appropriately)
To enable clients and their agencies to contact you where you have agreed to and are personally providing services at events or activities which they are running	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to comply with our contractual obligations to clients and their agencies and to enable the proper performance of the services contracted for and agreed with you)
To market our advertising services to third parties by displaying photographs of the taxi owned or driven by you in promotional and marketing materials issued to third parties	(a) Identity (usually just consisting of your taxi and its registration number)	(a) Necessary for our legitimate interests (to enable us to market and grow our business by attracting new clients and their agencies)

Right to Object

You can ask us or third parties to stop processing some or all of your personal data by contacting us at any time. Please see Object to processing of your personal data in the Glossary below, for further information.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

Specific Third Parties as set out in the Glossary.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We generally do not transfer your personal data outside the European Economic Area (EEA).
Some of our Specific Third Parties are based outside the EEA. Usually they will not be processing your personal data so there will be no transfer of your personal data outside the EEA. To the extent we provide them with your personal contact details as stated above in paragraph 5, their processing of your personal data could involve a transfer of data outside the EEA to the extent necessary to enable communications with you by them in relation to the relevant event or activity in which you will be participating.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. How we make your data secure

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know or process the same. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure of your personal data, in the Glossary below, for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact the data privacy manager.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give our clients and their agencies the best service that is competitive with the services being offered by third party competitors within our industry. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting the data privacy manager.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Advertisers who enter into contracts with Ubiquitous, directly or via their agencies referred to in the paragraph below, for the display of their advertisements on taxis, including the taxi owned or driven by you. These will usually be readily identifiable each time via the advertisements themselves but if you are unsure as to the identity of the relevant advertiser, please contact us. Advertisers will be based predominantly in the United Kingdom but some may be located within the EEA, in the United States of America and elsewhere in the world.
The media planning and outdoor media specialist agencies acting on behalf of or together with the advertisers referred to above, who contract with Ubiquitous or are involved in contracting with Ubiquitous to place advertisements on taxis. The majority of these agencies will be based in the United Kingdom but some will be located within the EEA, the United States of America and elsewhere.
Prospective advertisers and media planning and outdoor media specialist agencies acting on behalf of such prospective advertisers who we target as clients and to whom we provide our marketing and promotional materials which may include photographs of your taxi and its registration number and/or you. The majority of these propspective advertisers and their agencies will be based in the United Kingdom but some will be located within the EEA, United States of Amercia and elsewhere in the world.
The public relations agencies acting on behalf of or together with the advertisers referred to above. The majority of these agencies will be based in the United Kingdom but some will be located within the EEA, the United States of America and elsewhere.
The research and mobile data agencies acting on behalf of or together with the advertisers referred to above. The majority of these agencies will be based in the United Kingdom but some will be located within the EEA, the United States of America and elsewhere.
Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services to or for Ubiquitous.
HM Revenue & Customs, regulators and other authorities based in the United Kingdom.

Specific Third Party Collectors

Third party service providers we contract with for the provision of GPS and locational devices, software and interface applications to enable transmission and collection of data from the GPS and locational device in the taxi you own or drive. These providers will be based in the United Kingdom.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time if at any time we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.