Special Data Usage Conditions - Oply

Special Data Usage Conditions

Oply GmbH endeavours to make its own data use transparent for the customer. The requirements of the data protection law require a comprehensive clarification of the customer, as far as data are to be processed with his consent.

 

As part of the “Special Data Usage Conditions of Oply GmbH”, you consent to the use of your personal data shown below in the context of the use of the services of Oply GmbH.

 

As far as legal bases according to the General Data Protection Regulation are mentioned, they will only apply from 25 May 2018.

 

The consent relates to the data usage procedures outlined below:

  • Vehicle usage Use: Location
    • Scope of data processing

      We record the position of our vehicles. Only the position at the start of the journey and the end of the journey will be saved for your booking.

      The current location of the vehicle is determined only in case of damage or unauthorized use. This serves the safety of vehicle and user within the scope of the contract execution as well as the possibility of fast assistance by Oply.

    • Legal basis

      The legal basis is Art. 6 para. 1 sentence 1 (b) GDPR. In addition, the legal basis is also your consent to the processing pursuant to Art. 6 para. 1 sentence 1 (a) GDPR in the context of the special data usage conditions, in particular with regard to the storage of the start and end points of your bookings.

    • Purpose of data processing

      The purpose of the data processing is the implementation of the Oply offer. For the billing of trips, start and end locations as well as the usage duration are necessary parameters. The collection of the location data in case of damage or unauthorized use serves the safety of vehicle and user in the context of the contract execution as well as the quick possibility of the assistance by Oply.

    • Duration of storage

      The billing-relevant data are kept for the duration of the retention periods according to the Tax Code and the Commercial Code for business letters. The other data will be deleted as soon as it is no longer needed for contract execution.

    • Objection and removal possibility

      There is no right of objection to the data processing in the context of the usage of the vehicle, since the data processing is necessary for the fulfillment of the contract. An objection or revocation automatically leads to the termination of the contractual relationship, since a storage of the start and end points of the bookings without personal reference is not possible without disproportionate effort.

    • Scope of data processing

      We record the position of our vehicles. Only the position at the start of the journey and the end of the journey will be saved for your booking.

      The current location of the vehicle is determined only in case of damage or unauthorized use. This serves the safety of vehicle and user within the scope of the contract execution as well as the possibility of fast assistance by Oply.

  • App usage: AppsFlyer
    • Scope of data processing

      We use a service to analyse the use of the app by you. The analysis service is provided by AppsFlyer Ltd. (“AppsFlyer”), a company based in Israel.

      The use of this analysis service is contracted through our parent company, Examotive S.A. based in Luxembourg.

      The analysis services provided by AppsFlyer include tracking of your internal customer number, the country in which you use the app, the city in which you use the app, the zip code in which area you use the app, latitude and longitude at which you use the app, the nearest geographical area in which Oply vehicles are available, the internal number of vehicle you select, the zone in which the selected vehicle is located, the duration of a scheduled booking, the category of the booking (“Flex” / “Plan “), the booked vehicle model, the internal number of the booked vehicle, the booking number, the reasons for cancelling a reservation (cancellation or expiration), the confirmation of the existence of a customer account or of a verified payment method, the cost of the respective booking and your e-mail address.

      The data will be collected anonymously until the completion of your registration, this means that the IP address is only recorded in a shortened way, or it is shortened immediately after transmission. The personal reference results only from the storage to your account data after completion of the registration.

    • Legal basis

      The legal basis for the processing of data for the analysis of user behaviour is based on Art. 6 para. 1 sentence 1 (f) GDPR. The legitimate interest within the meaning of Art. 6 para. 1 (f) GDPR lies in improving the usability, security and stability of the Oply app for users as well as the prevention of fraudulent registrations.

      In addition, the legal basis is also your consent to the processing pursuant to Art. 6 para. 1 sentence 1 (a) GDPR in the scope of special data usage conditions.

      The transfer of the data to the Examotive S.A. and the data processing by them takes place on the legal basis of Article 28 para. 1 and 3 GDPR.

      The transfer of the data to AppsFlyer by Examotive S.A. and their processing by AppsFlyer is based on the legal basis of Article 28 para. 1 and 3, Article 45 para. 1, 3 and 9 GDPR, since the place of processing by AppsFlyer is Israel and Israel is a safe third country within the meaning of the General Data Protection Regulation. The European Commission has already stated, prior to the adoption of the General Data Protection Regulation pursuant to Article 25 para. 6 of the Data Protection Directive 95/46 / EC, that Israel guarantees an adequate level of protection with regard to the protection of privacy and the freedoms and fundamental rights of individuals.

    • Purpose of data processing

      The processing of this data serves to analyse and understand users’ usage of the Oply app, user recovery analysis, and to generate lifetime value reports (ie, reports on sales to users from different sources for the use of Oply Services), to quantify the costs, to estimate the return on investment (ie the profit achieved by ads compared to the expenses for the ads), to draw up retention reports (ie reports on the durable and efficient retention of users), to create cohort reports (reports on subdividing users into specific users and audiences), to create performance reports (ie technical performance reports for the Oply app), to create activity reports (ie frequency reports, the manner of using the Oply app), and to analyse in which places the establishment of an Oply-offer would be useful. Furthermore, the analysis serves the purpose to control Oply marketing campaigns and to prevent or discover fraudulent registrations.

      The transfer of the data to AppsFlyer and the processing of the data made by AppsFlyer takes place for the purpose of evaluating the large volumes of user data.

      There is no further transfer of data to third parties except AppsFlyer and Examotive S.A..

    • Duration of storage

      The data is aggregated into cumulative reports during processing. A reference to individual users is not established in the evaluation of the data. We store the user behaviour for the above purpose until the account with Oply is terminated.

    • Objection and removal possibility

      You may object to the use of data for purposes of the usage analysis at any time, with future effect, without incurring any costs beyond the charges of your communications plan. The objection can be sent by email to: service@oply.com or use the appropriate setting in the app. In the event of opposition or revocation, the data will be deleted or blocked, but this is associated with a general blocking of the data analysis by Appsflyer in other applications. The implementation of the cancellation or blocking can take up to 3 working days; during this period, usage analysis may still be executed.

  • App usage: Braze
    • Scope of data processing

      We use a service to analyse the app usage or to send emails or other messages, e.g. via push message, based on your use of Oply services.

      The service is provided by Braze Inc., located in the United States of America.

      The use of this analysis service is contracted through our parent company, Examotive S.A. based in Luxembourg. Accordingly, Examotive S.A. has access to this data.

      In particular, we provide the supplier “Braze” with stock data which is required as part of the e-mail address. This includes data such as the customer number, name and surname, date of birth, e-mail address, country of residence and city, the last vehicle model booked, the zone in which the last vehicle was booked and its internal number, as well as the name and number of the zone in which you are on the phone when you open the app.

      The Braze software collects the following data: the nearest geographical area where Oply offers its services, the city where a vehicle was currently being used, the duration of the booking, whether it was a Flex or Plan booking, the Vehicle model which has been used, whether the customer is registered with Oply and whether a verified payment method is deposited or not, the price of the current booking, the end reason of a reservation (cancellation or expiration) and if a booking has been cancelled, a reservation has expired or a booking has been successfully completed.

      This data is used in combination to send you messages by email, in the app or as a push message in certain situations, e.g. to inform you about the expiration of a reservation, to congratulate you on your birthday or to point out alternative booking options.

    • Legal basis

      The legal basis for the processing of data for the analysis of user behaviour is based on Art. 6 para. 1 sentence 1 (f) GDPR. The legitimate interest within the meaning of Art. 6 para. 1 (f) GDPR lies in improving the usability, security and stability of the Oply app for users.

      In addition, the legal basis is also your consent to the processing pursuant to Art. 6 para. 1 sentence 1 (a) GDPR in the context of special data usage conditions.

      The transfer of the data to the Examotive S.A. and their processing by them takes place on the legal basis of Article 28 para. 1 and 3 GDPR.

      The legal basis for the transfer of the data to Braze are Article 28 para. 3, Article 45 para. 3, Article 46 para. 2 (c) GDPR. Braze is certified under the Privacy Shield Framework and is therefore subject to the EU Commission’s decision on adequacy (Implementing Decision 2016/1250), this means that the data protection level at Braze is recognized as equivalent to the GDPR, although Braze is based in the USA. In addition, the standard data protection clauses of the EU Commission are used in a contractual relationship with the provider.

    • Purpose of data processing

      The processing of this data serves the purposeful addressing of the users depending on their usage behaviour for advertising purposes or for the proper execution of the contract, as far as the user is to be notified on a contractual basis.

      There is no further transfer of the data to third parties with the exception of Braze and the Examotive S.A..

    • Duration of storage

      The collected data will be deleted within 18 months if no e-mail is sent, as they will no longer be required for contact. In the case of sending a message to the customer, this message is archived as part of the customer communication. Additionally, cumulative reports on usage behavior are compiled from the data, but they are used anonymously and unlimited in time.

    • Objection and removal possibility

      You may object or revoke your consent to the use of the usage analysis data at any time, without incurring any costs beyond the charges of your communications plan. The objection can be sent by email to: service@oply.com. In case of objection the data will be deleted or blocked. The implementation of the cancellation or blocking can take up to 3 working days; during this period, usage analysis may still be executed.