「SuperCab」私隱政策(只提供英文版本)
SUPERCAB PRIVACY POLICY

  1. INTRODUCTION

1.1 This is the Privacy Policy for SuperCab (hereinafter referred to as “Privacy Policy”), an internet-enabled Smartphone and mobile telephony device application (hereinafter referred to as “App”) owned and operated by Easy Planet Limited, a company incorporated and domiciled in the Hong Kong Special Administrative Region, with its registered office at Units 823-825, Level 8, Cyberport 1, 100 Cyberport Road, Hong Kong (hereinafter referred to as “App Operator”). This Privacy Policy is to be construed in accordance with the Hong Kong Personal Data (Privacy) Ordinance, 1996 (hereinafter referred to as the “Ordinance”) as amended, and any subordinate legislation, which may apply in Hong Kong with regard to the protection of personal data. This Privacy Policy is also compiled in accordance with the privacy policies and principles of App Operator. This Privacy Policy is also to be read and construed in accordance with the SuperCab Drivers Terms & Conditions (DT&Cs) and Passengers Terms & Conditions (PT&Cs) and their respective provisions, all of which are deemed incorporated within them. Any definitions defined in the DT&Cs and PT&Cs apply herein, unless specifically stated otherwise. This Privacy Policy is supplied to Registered Account Holders (for the purposes of this Privacy Policy “Registered Account Holder” applies to a person acting as a SuperCab Service Driver and a SuperCab Passenger Service User) of SuperCab, whenever the App is downloaded, for the purpose of informing all Registered Account Holders of their rights and obligations regarding the personal data that will be collected and stored by App Operator as a result of using SuperCab.

 

1.2 In this Privacy Policy references to Personally Identifiable Information means information that identifies a particular individual (whether directly or indirectly). Personally Identifiable Information is collected in accordance with this Privacy Policy and for the purposes contained herein. In this Privacy Policy a Data Subject, as defined in the Ordinance, that is a person about whom data is collected, will be referred to as a SuperCab Passenger Service User or SuperCab Service Driver, “you” OR “your”, as the context requires, herein.

 

1.3 This Privacy Policy describes the treatment of Personally Identifiable Information and other information provided or collected through the App.

 

  1. RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION

2.1 How long may App Operator keep your Personally Identifiable Information? App Operator will not keep your Personally Identifiable Information for longer than is necessary for the fulfilment of the purpose (including any directly related purpose) for which the Personally Identifiable Information is to be used, unless it is necessary to keep such Information for other purposes and you have been informed of this by App Operator in advance, or App Operator has obtained your consent to retain such Information.

 

  1. THE TYPES OF INFORMATION APP OPERATOR COLLECTS

The Personally Identifiable Information that the App Operator collects from SuperCab Passenger Service Users is as follows:

 

  1. SuperCab Passenger Service User name;
  2. SuperCab Passenger User email address;
  3. SuperCab Passenger Service User telephone number;
  4. SuperCab Passenger Service User current residential address; 
  5. SuperCab Passenger Service User’s Current location or location for collection by SuperCab Service Driver, if different from item 4. listed above, the point at which the SuperCab Service commences; and
  6. Subject to clause 5.1 (9), collect SuperCab Passenger Service User credit card details, including credit card number, expiry date and CVC.

 

The Personally Identifiable Information that the App Operator collects from SuperCab Service Drivers is as follows:

 

  1. SuperCab Service Driver’s name (as stated in their properly issued and valid Passenger Service Driving License and or permit number and particulars);
  2. SuperCab Service Driver’s bank account details;
  3. Insurance policy coverage and particulars; and insurance policy number;
  4. Any publicly available information and endorsed and officially issued authorisation to operate as the Driver of Taxi in Hong Kong with a Passenger Service License and verifiable as such and any other verifiable information that may be needed from time-to-time to ensure that you as a Driver are legally authorised to act as a licensed Taxi Passenger Service Driver in Hong Kong.
  5. SuperCab Service Driver’s email address;
  6. SuperCab Service Driver’s telephone number;
  7. SuperCab Service Driver’s current residential address;
  8. SuperCab Service Driver’s current Location;
  9. Registration number of the vehicle to be used in providing the SuperCab Driver Service;
  10. Other information will be collected from Drivers at initial account registration, but this information is not considered to be Personally Identifiable Information and relates only to additional means of identifying the vehicle in which the SuperCab Service will be provided, including:

1) Vehicle marque;

            2) Vehicle model; 

                   3) Vehicle model’s year of production;

                   4) Vehicle model’s colour.

 

  1. HOW APP OPERATOR COLLECTS INFORMATION

The Personally Identifiable Information that App Operator collects from SuperCab Passenger Service Users is collected in the following ways

  1. SuperCab Passenger Service User name: is provided when registering new Registered Account;
  2. SuperCab Passenger Service User email address: is provided when registering new Registered Account;
  3. SuperCab Passenger Service User telephone number: is provided when registering new Registered Account;
  4. SuperCab Passenger Service User Address: may be retained in the SuperCab Passenger Service User’s profile section, at the sole and exclusive discretion of SuperCab Passenger Service User. There would be no impact or negative affect or impact on the provision or operation of the SuperCab Service, SuperCab Passenger Service or the SuperCab Driver Service, should SuperCab Passenger Service User choose not to retain their residential address.
  5. Current Location: if different from item 4. listed above, subject to the provisions of the App’s Location Services Provider, Google Inc., the provisions of which can be found at  https://policies.google.com/technologies/location-data?hl=en#types

and to which SuperCab Passenger Service User may, at their sole and exclusive discretion agree, the GPS generated Map will pinpoint SuperCab Passenger Service User’s current Location. Please be aware that if you do not allow Google Inc. to collect this and/or other Personally Identifiable Information from you, the App may not function at its optimum capability and nor might any products or services provided through the App be available to you; the App may also not be able to take account of your interests and preferences; and

  1. Subject to the provisions of clause 5.1 (9) hereinafter, SuperCab Passenger Service User credit card details will be collected from SuperCab Passenger Service User at time SuperCab Service Order is placed.

 

The Personally Identifiable Information that App Operator collects from SuperCab Service Drivers is collected in the following ways

  1. SuperCab Service Driver’s name (as stated in their properly issued and valid passenger service driving license and or permit number and particulars), will be collected during Driver Verification Process;
  2. Insurance policy coverage and particulars; and insurance policy number, will be collected during Driver Verification Process;
  3. Any publicly available information and endorsed and officially issued authorisation to operate as the Driver of Taxi in Hong Kong with a Passenger Service License and verifiable as such; any other verifiable information that may be needed from time-to-time to ensure that you as a Driver are legally authorised to act as a licensed Taxi Passenger Service Driver in Hong Kong, will be collected during Driver Verification Process;
  4. SuperCab Service Driver’s bank account details, will be collected at the completion of the Driver Verification Process;
  5. SuperCab Service Driver email address: will be collected during Driver Verification Process;
  6. SuperCab Service Driver telephone number: will be collected during Driver Verification Process;
  7. SuperCab Service Driver Address: may be retained in SuperCab Service Driver’s profile section, at the sole and exclusive discretion of SuperCab Service Driver. There would be no impact or negative affect or impact on the provision or operation of the SuperCab Service, the SuperCab Passenger Service or the SuperCab Driver Service should SuperCab Service Driver choose not to retain his residential address;
  8. Current Location: if different from item 4. listed above, subject to the provisions of the App’s Location Services Provider, Google Inc., the provisions of which can be found at https://policies.google.com/technologies/location-data?hl=en#types

and to which SuperCab Service Driver may, at their sole and exclusive discretion agree, the GPS generated Map will pinpoint the general vicinity of your current Location, but not in real time. Please be aware that if you do not allow SuperCab to collect Personally Identifiable Information from you, the App may not function at its optimum capability; and

  1. Registration of the vehicle to be used in providing the SuperCab Passenger Service: will be collected during the Driver Verification Process.

 

  1. USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY APP OPERATOR

5.1 App Operator (as the owner and operator of SuperCab) will be the Data User (as defined in the Ordinance) and Data Processor (as defined in the Ordinance) for all of the Personally Identifiable Information collected, used and stored on the App. The Personally Identifiable Information will be used for the following purposes:

 

  1. Name of SuperCab Passenger Service User and SuperCab Service Driver: for Admin Management;
  2. SuperCab Service Driver’s name (as stated in their properly issued and valid Passenger Service Driving License and or permit number and particulars) will be collected for the essential purpose of Driver Verification, to ensure that SuperCab Service Driver is properly licensed to so provide the Service; without which Driver will not be permitted to operate as a SuperCab Service Driver;
  3. Any publicly available information endorsed and officially issued authorisation to operate as the Driver of a Taxi in Hong Kong; with a Passenger Service License and verifiable as such; any other verifiable information that may be needed from time-to- time to ensure that you as a Driver are legally authorised to act as a licensed Taxi Passenger Service Driver in Hong Kong. Such information will be collected for the essential purpose of Driver Verification; to ensure that SuperCab Service Driver is appropriately licensed and authorised to provide the SuperCab Service; without which Driver will not be permitted to operate as SuperCab Service Driver;
  4. SuperCab Passenger Service User and SuperCab Service Driver email address: for Admin Management;
  5. SuperCab Passenger Service User and SuperCab Service Driver telephone number: for Admin Management and, if applicable, for secure login authentication by GMID, pursuant to clauses 15 of DT&Cs and 18 of PT&Cs. Access to such Personally Identifiable Information by GMID is granted under specific license by App Operator and only applicable to those Taxi Drivers and Passengers that choose to make use of GMID. But for a Registered Account Holders telephone number, login authentication by GMID is anonymous and occurs on each unique, one-time only basis;
  6. SuperCab Passenger Service User and SuperCab Service Driver current residential address: for Admin Management;
  7. SuperCab Service Driver current Location: for pinpointing SuperCab Driver’s position and for navigation; and
  8. SuperCab Passenger Service User credit card payment details: payment may be made through the App. When payment is made and processed through the App it is by the online payment processor, Stripe, and payment is processed in accordance with the operating terms and conditions the online payment processor, to the full and absolute exclusion of App Operator. When payment is made through Stripe, App Operator will not have access to nor will store, at any time, your credit card details and/or payment information. All Registered Account Holders, SuperCab Passenger Service Users and SuperCab Service Drivers should refer to the operating terms and conditions of the online payment processor for information on how payment is processed in order to comply with rights and obligations therein at:

 

https://stripe.com/hk/ssa

 

  1. SuperCab Passenger Service User credit card payment details: payment may be made for an Order through WeChat Pay. Such payment is made and processed in accordance with the operating terms and conditions of the WeChat Pay owner and operator Tenpay Payment Technology Company Ltd (“Tenpay”) and to the absolute exclusion of App Operator. When payment is made through WeChat Pay, App Operator does not collect, nor have access to, nor will store, at any time, your credit card details nor payment information and at no time does App Operator have access to your credit card or payment details. For specific details of the payment process in use by the WeChat Pay function of the WeChat app and in order to comply with the rights and obligations therein, please refer to the WeChat Payment System User Service Agreement, at:

 

https://weixin.qq.com/cgi-bin/readtemplate?lang=en_US&check=false&t=weixin_agreement&s=pay

 

Enforcement of Tenpay’s operating terms and conditions against Passenger is by Tenpay and not App Operator.

 

  1. SuperCab Service Driver vehicle registration: to be collected during Driver Verification for the essential purpose of vehicle identification, to ensure that the vehicle stated by Driver as the one in which the SuperCab Service will be provided is as stated; to ensure that Driver is the owner or the authorised operator of the said vehicle; and to ensure that Driver has all appropriate valid, licenses, authorisations, permits and has paid all pertinent road and vehicle operating charges and taxes on the said vehicle; and is insured to operate the same. If SuperCab Service Driver is not able to provide evidence of such, he will not be permitted to operate as a SuperCab Service Driver.

 

  1. SHARING YOUR INFORMATION WITH THIRD-PARTIES

6.1 App Operator will not share your Personally Identifiable Information with other companies, except in very limited circumstances, including:

  • When you allow App Operator to share your Personally Identifiable Information with any third-party; in such an event you would elect to so share your Personally Identifiable Information, to allow that third-party to send you offers and promotions about its products and services;
  • Directing App Operator to share your Personally Identifiable Information with third party platforms, such as social networking sites. Please be aware that once App Operator has shared your Personally Identifiable Information in this way with a third party, the Information received by the third-party becomes subject to that third-party’s privacy practices and App Operator is no longer responsible for it and cannot be held liable for it, and hereby disclaims absolutely and to the fullest extent permissible by law any liability to you in such an event;
  • When companies perform duties or provide services necessary and essential to the functioning of the App, to the App Operator or on behalf of the App Operator, including but not limited to
  1. The provision of Location Services by Google Inc;
  2. The provision of online payment processing by Stripe;
  3. The provision of payment processing by Tenpay, through WeChat Pay;
  4. The provision of secure login authentication by BVL, through GMID;

in such an event these companies are prohibited from using your Personally Identifiable Information for purposes other than requested by App Operator or required by law. You are hereby advised that in all likelihood certain services will be provided by third-party service providers, and that App Operator will endeavour to seek your specific consent in advance to sharing your Personally Identifiable Information, giving you the opportunity to make your own choice as to whether you divulge Personally Identifiable Information to the third party service provider, at all times on the condition that if you choose not grant your consent in such circumstances, some, substantially many or all features or functions of the App may be impeded or may not be operable.

  • When App Operator shares Personally Identifiable Information with third parties to enforce the provisions of the DT&Cs and PT&Cs, other of App Operator’s policies, to protect App Operator’s rights and property and the rights and property of third parties, to comply with legal processes, or in the event that App Operator is required to do so bona fide, by law.

 

6.2 In accordance with the Ordinance, App Operator provides you with the right and ability to exercise certain controls and choices, freely and at your own full, sole and absolute discretion, at any time of your own choosing, regarding collection, processing, use, retention and sharing of your Personally Identifiable Information, including:

  • You may correct, update and delete your Personally Identifiable Information;
  • You may change your choices to any subscriptions you have made;
  • You may choose whether to receive offers and promotions for other apps, website, products and services;
  • You may choose whether App Operator shares your Personally Identifiable Information with other companies or third parties, in order that they may send you offers and promotions about their own products and services;
  • You may request access to the Personally Identifiable Information App Operator holds about you and that App Operator amends or deletes and App Operator requests third parties with whom App Operator has shared the Personally Identifiable Information to do the same;
  • You may authorise or refuse to authorise App Operator to share your Personally Identifiable Information outside Hong Kong, should you wish to do so, App Operator will only do so, with your written consent, except in the event that App Operator is required to do so by law; and only then in strict accordance with the law.

 

  1. ONLINE TRACKING AND ADVERTISING

7.1.1 App Operator (and any third-party service providers operating on behalf of App Operator) collects information about your activity on the app and using tracking technologies. The tracking technology will be powered and provided by Google Inc. and subject to the operating terms and conditions of Google Inc., which are available for your reference and information at

https://policies.google.com/technologies/location-data?hl=en#types

This tracking data is used for a number of purposes:

 

  1. Providing useful features to simplify your experience when you return to the App;
  2. Delivering relevant content based on your preferences, usage patterns and location;
  3. Monitoring and evaluating the use and operation of the App;
  4. Analysing traffic on the App.

 

7.1.2 App Operator may associate this tracking data with your Registered User Account, in which case App Operator will treat it as Personally Identifiable Information. Given that tracking technology powered by Google Inc is subject to Google Inc’s operating terms and conditions and privacy policy, which can be found at https://policies.google.com/technologies/location-data?hl=en#types

App Operator allows you, at your full sole and exclusive discretion to opt into or out of being tracked. Google Inc. may also provide an opportunity for you to choose not to be tracked online. Please be aware that if you do not allow Google Inc to collect Personally Identifiable Information from you, the App may not function at its optimum capability, and nor might any products or services provided through the App be available to you; the App may also not be able to take account of your interests and preferences.

 

7.2 Advertisers and third-parties may also collect information about your activity on the app. Tracking data collected by these advertisers and third parties is used to decide which advertisements you see both on the app and on third-party apps, but does not identify you personally and is not associated with your Registered User Account. The provisions of this clause do not currently apply, since App Operator does not allow advertisers access to the App.

 

7.3 Please be aware that if you do not allow App Operator to collect Personally Identifiable Information from you, the App may not function at its optimum capability, and nor might any products or services provided through the App be available to you; the App may also not be able to take account of your interests and preferences.

 

  1. MINORS AND NON-COMPETENT PERSONS

8.1 Given that minors - that is anyone under the age of 18 years - and any person for whom others exercise powers of guardianship, powers of loco parentis, powers of attorney as a ward of the Court or State or a person not considered or judged to be of sound or competent mind, are not able to enter into binding contracts, which for the purposes of the PT&Cs governing use of SuperCab is an essential prerequisite and obligation, App Operator does not knowingly collect, use, process, handle or disclose Personally Identifiable Information from or about minors. In the highly unlikely event that App Operator has collected the Personally Identifiable Information of a minor, App Operator undertakes to take all necessary steps to delete the Personally Identifiable Information within a commercially reasonable period of time.

 

  1. DATA SECURITY AND INTEGRITY

9.1 The security, integrity and confidentiality of your Personally Identifiable Information is of the highest importance to App Operator. App Operator has stringent security measures in place that are designed to protect your Personally Identifiable Information from unauthorised access, disclosure, use and modification. Please be informed that despite the fact that App Operator endeavours to use the most up-to-date technology and methods to protect your Personally Identifiable Information, no security measures or encryption protocols, no matter how stringent, are perfect or impenetrable.

 

  1. DISCLAIMERS

10.1 PLEASE BE INFORMED THAT THIS POLICY MAY BE UPDATED FROM TIME-TO-TIME AND YOU SHOULD READ IT CAREFULLY EACH TIME YOU DOWNLOAD, PURCHASE OR USE THE APP AND/OR A PRODUCT OR SERVICE AVAILABLE THROUGH THE APP.

 

10.2 PLEASE BE INFORMED THAT APP OPERATOR CANNOT AND DOES NOT OFFER ANY WARRANTY OR GUARANTEE, AND SHALL NOT BE LIABLE TO YOU, FOR THE COLLECTION, USE, PROCESSING AND OR RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY GOOGLE INC. YOU ARE HEREBY INFORMED THAT YOU SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER SUCH CIRCUMSTANCES AT YOUR OWN SOLE AND EXCLUSIVE RISK.

 

10.3 SHOULD YOU, AT YOUR SOLE DISCRETION, PROVIDE YOUR CREDIT OR DEBIT CARD DETAILS TO THE PAYMENT PROCESSOR, STRIPE, IN THE COURSE OF USING THE SUPERCAB PASSENGER SERVICES ACCESSIBLE THROUGH THE SUPERCAB SERVICE, APP OPERATOR CANNOT AND DOES NOT OFFER ANY WARRANTY OR GUARANTEE, AND SHALL NOT BE LIABLE TO YOU, FOR THE COLLECTION, USE, PROCESSING AND RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND YOU ARE HEREBY INFORMED THAT YOU SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER SUCH CIRCUMSTANCES AT YOUR OWN SOLE AND EXCLUSIVE RISK.

 

10.4 SHOULD YOU, AT YOUR SOLE DISCRETION, PROVIDE YOUR CREDIT OR DEBIT CARD DETAILS TO TENPAY, THE PAYMENT PROCESSOR FOR PAYMENTS MADE THROUGH WECHAT PAY, IN THE COURSE OF USING THE SUPERCAB PASSENGER SERVICES ACCESSIBLE THROUGH THE SUPERCAB SERVICE, APP OPERATOR CANNOT AND DOES NOT OFFER ANY WARRANTY OR GUARANTEE, AND SHALL NOT BE LIABLE TO YOU, FOR THE COLLECTION, USE, PROCESSING AND RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND YOU ARE HEREBY INFORMED THAT YOU SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER SUCH CIRCUMSTANCES AT YOUR OWN SOLE AND EXCLUSIVE RISK.

 

10.5 SHOULD YOU, AT YOUR SOLE DISCRETION, PROVIDE YOUR MOBILE TELEPHONE NUMBER TO IPIFICATION POWERED BY GMID, FOR SECURE LOGIN AUTHENTICATION, IN THE COURSE OF USING THE SUPERCAB TAXI DRIVER OR PASSENGER SERVICES ACCESSIBLE THROUGH THE SUPERCAB SERVICE, APP OPERATOR CANNOT AND DOES NOT OFFER ANY WARRANTY OR GUARANTEE, AND SHALL NOT BE LIABLE TO YOU, FOR THE COLLECTION, USE, PROCESSING AND RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND YOU ARE HEREBY INFORMED THAT YOU SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER SUCH CIRCUMSTANCES AT YOUR OWN SOLE AND EXCLUSIVE RISK.

 

  1. APPLICABILITY OF SUPERCAB DT&Cs AND PT&Cs

11.1 On any matter applicable to this Privacy Policy and its operation, where this Privacy Policy may be silent, reference should be had to the DT&Cs and PT&Cs, which shall prevail in any such matter.

 

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