1. Introduction
1.1. We are aware that your privacy is important. This Privacy Policy and Cookies Information (“Privacy Policy”) provides you with details on how SAMOKAT (SAMOKAT, trgovina in storitve, d.o.o., Mlinska ulica 22, 2000 Maribor, Slovenia, company registration number: 9320997000, email: support@kvik.us as a data controller (“Company”, “we”, “our” or similar) collect and process your Personal Data as defined below through your usage of our Platform.
1.2. This Privacy Policy sets out rules regarding obtaining and processing of your Personal Data, in particular: how you can access and update your Personal Data, how our Company may use and disclose your Personal Data, how you can control usage of your Personal Data, legal ground for collection and usage of Personal Data, and other rules concerning your Personal Data.
2. Changes of Privacy Policy
2.1. We want to tailor our Services to your needs while assuring to collect only personal data which is necessary to provide you with all the functionalities of our Platform at highest quality level. Therefore, we reserve the right to amend and update this Privacy Policy at any time. Once Privacy Policy will be updated, we will notify you through our Platform’s web page or by any other electronic means.
3. Personal Data Collection
3.1. Personal Data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data does not include anonymised data. Under the scope of this Privacy Policy, we may process the following categories of Personal Data about you:
- Contact data: includes your name, e-mail, phone number, place of residence;
- Communication data: includes any information included in communication that you send us whether that be through contact forms, email, text massages, social media massages, social media posting, or any similar communication that you send. This data will be processed to communicate with you and for record keeping and for establishing, pursuance or defence of legal claims. Lawful ground for the processing is legitimate interests;
- Customer data: represents data relating to any purchase of our services such as your name, title, billing address, email address, phone number, purchase details and your card details. We process this data to provide you with our services and to keep records of such transactions. Legal ground for processing of customer data is contract performance between you and our Company;
- User data: represents Personal Data about how you use our online services together with any data that you post on or through the Platform. In particular User data represents: Geolocation of drivers/riders and driving routes; the e-vehicle usage time, the journey progression and the final destination of your trip; Driver's license, photo, profession and identity documents; Data about criminal convictions and offences; Information required under applicable law for taxation purposes: such as your taxpayer identification number;
- Technical data: represents data about your use of our website and online services such as your IP address, your login data, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing data: includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy;
- Information from third parties: our services may allow registration using social media accounts such as Facebook or Google. If you choose to connect your account with your social media account, we will receive information from your social media account such as your profile name, profile picture and additional information depending on such social media platforms and your privacy settings on it. We may also receive from our business partners certain information, such as your contact details (name, phone, email) as well as details pertaining to your company, your job description, etc’.
3.2. We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your Personal Data but is not considered personal data according to data protection laws, since this data does not directly or indirectly reveal your identity. For example, we may aggregate your Personal Data to calculate the percentage of users accessing a specific software feature. 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 Policy.
4. Purposes of Personal Data Collection
4.1. We use geolocation data to make sure you can book e-vehicle, get to your destination and resolve quality issues related to our services. We also need to know where you choose to drop off a hire-vehicle so we can bill correctly, recharge batteries and maintain our fleet.
4.2. We use contact details to notify passengers and riders of updates to the Platform so you can keep using our services. We also gather limited data from the device that you use to connect you with our internet, mobile and telephone services, and to help keep your account safe through authentication and verification checks.
4.3. We collect data on the routes taken by our passengers and riders to analyse geographic coverage. This lets us do things like improve recommendations to the drivers about the most efficient routes, and helps us make sure that our hire-vehicles, like our scooters, are in the most convenient locations for customers.
4.4. We obtain payment details to process passenger payment for renting e-vehicles, unless this payment service is performed by third party company.
4.5. We collect data about journey statuses, time and passenger ratings from driver feedback to encourage user safety, promote compliance with our terms and conditions, and make sure we’re providing a quality and enjoyable service to everyone. Customer support data and correspondence is collected for the purposes of feedback, and resolving disputes and service quality issues.
4.6. Your name, phone number and email address will be used to communicate with you for things like letting you know that your journey has been completed, sending you trip confirmation slips and receipts, and letting you know about important service updates such as when bad weather suspends the hiring of our’s scooters.
5. Principles of Personal Data Collection and Automatic Personal Data Collection
5.1. Company uses help of automated decision-making in case of issuing warnings. Using automated decision-making is less error-prone, more efficient and safer than using our employees. Data about your usage of our services (data about journey status incl. cancellations and no-shows and similar) is considered when assessing the need for a warning or suspension.
5.2. Company may also use automated decision-making in order to undertake fraud checks which are necessary for us to perform our services, ensure that the services are paid for and ensure the protection of riders from fraudulent transactions on their payment cards.
5.3. You will always have the right for human review of the decision and to contest the decision, express your point of view and obtain an explanation by contacting our customer support in our Platform.
6. Personal Data Use
6.1. We may use the information we collect about you to operate and deliver our services, in particular to:
- Process and fulfil your order (including processing payment);
- Send you an order confirmation;
6.2. We analyse use of the services for their improvement and to develop new products, tools and services, including by studying user demographics and use of the services.
6.3. We process your personal information which is necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to subpoenas or requests from government authorities.
6.4. We may use your Personal Data and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
6.5. We may share your Personal Data with service providers who provide IT and system administration services; professional advisers including lawyers, bankers, auditors and insurers; third parties to whom we sell, transfer, or merge parts of our business or our assets.
6.6. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyse and improve our services and promote our business.
6.7. We will only use your Personal Data for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason and that reason is permitted by law and 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 on support@kvik.us.
6.8. We do not intentionally collect any sensitive 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 information).
7. International Personal Data Transfers
7.1. Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
7.2. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
- We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
7.3. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
8. Personal Data Security Measures
8.1. We have put in place security measures to prevent your Personal Data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your Personal Data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
8.2. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
9. Personal Data Retention
9.1. 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.
9.2. When deciding what the correct time is to keep the data, we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
9.3. For different statutory purposes (e.g. tax purposes, criminal acts, civil claims, etc) we may keep your Personal Data as long as it is necessary to fulfil our legal obligations deriving from statutory law.
10. Data Subject Rights
10.1. Under data protection laws you have certain rights in relation to your Personal Data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. You can see more about these rights at: https://gdpr-info.eu/chapter-3/
10.2. If you wish to exercise any of the rights set out under item 10.1., please email us at support@kvik.us. 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 or refuse to comply with your request in these circumstances.
10.3. 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.
10.4. 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.
10.5. If you are not satisfied with any aspect of how we collect and use your data, you have the right to complain to the Data Protection Officer, the Slovenian supervisory authority for data protection issues (https://www.ip-rs.si/) with contact details: Zaloška 59, 1000 Ljubljana, Telephone: +386 (0)1 230 97 30, E-mail: gp.ip@ip-rs.si. We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
11. Third Party Services
11.1. Our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share Personal Data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
12. Cookies and Cookie Policy
12.1. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer (if you consent to us using cookies). This site uses cookies to facilitate the order process, service performance and display language as well as currency. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
12.2. We only use analytical cookies on our Platform’s website which allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it but do not identify you individually. They help us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
12.3. Cookies contain information that is transferred to your computer's hard drive. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.
12.4. You can find more information about the purposes for which we use cookies below:
- Estimate our audience size and usage pattern;
- Store information about your preferences, and so allow us to customise our site and to provide you with offers that are targeted at your individual interests.
- Speed up your searches and obtaining search results;
- Recognise you when you return to our web page;
- Allow you to use our site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
12.5. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
13. Contact Information
13.1. if you have any questions, requests or concerns about this Privacy Policy, you may contact us at:
SAMOKAT d.o.o.
Mlinska ulica 22
2000 Maribor
Slovenia
Email: support@kvik.us
Version: 1.0
Date: 03.04.2023
