Travler App Privacy policy

EULA. This end user license agreement (the EULA) shall govern the relationship between you and ZF (being ZF Friedrichshafen AG and its subsidiary ZF CV Systems Global GmbH, a limited liability company under Swiss law, having its registered office at Giacomettistrasse 1, 3006 Bern, Switzerland and registered with the legal entities register under number CH-036.4.075.785-9). Before proceeding to use the services provided through the Traveller App (the Application), you should read this EULA carefully, as it is contractually binding. The EULA must be unconditionally agreed upon by you in order to use the Application and the services provided by ZF.

Acceptation of the EULA and privacy policy. ZF makes the Application available to you provided that you agree to comply with the terms of this EULA and the Application’s privacy policy incorporated herein by reference.

Amendments. The EULA may be amended from time to time and such amendments shall be notified to you through the Application. If you do not accept the amendments thus made by ZF, your sole remedy is to no longer access and/or use the Application.

Application Account. In order to access and use the Application, it may require the registration of an account (the Application Account) and to sign-in before it can be used. By registering an Application Account, you warrant that you are of legal age and have unrestricted legal capacity in your country of domicile or residence, or that you are eight-teen (18) years of age. In case you are not eight-teen (18) years of age, a guardian’s consent will be needed.

Accuracy. You warrant that all information provided to ZF in the registration process or otherwise is true and accurate. You shall keep such information up to date at any time.

Confidentiality. You agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Application Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify ZF of any unauthorized access or use of your Application Account or any other breach of security.

Cancellation of Application Account. ZF reserves the right to temporarily or permanently cancel your Application Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.

Scope of license. Subject to your compliance with the EULA, ZF grants you a non-exclusive, non- transferable, revocable and limited license, without right of sublicense, to use the Application for providing transportation services, subject to limitations set below.

Restrictions. To the extent permitted by applicable law, you are not allowed to (i) copy, modify or create derivatives of the Application; (ii) resell, transfer, assign, lease, lend, or license the Application to third parties; (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Application; (iv) harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person; (v) sell, exchange, transfer, give as a gift, your Application Account as well as spread the information about any intention to perform the above; (vi) disrupt or attempt to disrupt the Application or any other person’s use or enjoyment of the Application; and (vii) attempt to gain unauthorized access to the Application, to Application Accounts registered to others, or to networks from which portions of the Application are provided, including by circumventing or bypassing security mechanisms for the Application. Without prejudice to the EULA, ZF and/or its licensors reserve all rights on the Application not expressly granted herein.

No obligations of ZF. ZF shall have no obligation to monitor the use of the Application or to edit, review or modify any content or any functionality of the Application. ZF reserves its right to edit, review or modify the content or any functionality of the Application without prior notice at any time notably without limitation for purposes of compliance with the EULA or any applicable law. ZF reserves its right to investigate on any infringement or behavior affecting the Application. ZF reserves its right to cooperate with competent authorities in case of violation of any applicable law.

Representations and warranties of the user. You represent and warrant (i) to use your Application Account and the Application for non-commercial use only; (ii) not to infringe, or cause a third party to infringe, any applicable law or regulation; (iii) not to use your Application Account and the Application for any unlawful purpose; (iv) not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about yourself or any information about any other individual, company or other legal entity; and (vi) that your use of the Application shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Ownership of ZF. ZF and its licensors own the copyright and all intellectual property rights in and to the Application and on the content published on or through the Application or have acquired an appropriate consent or license from third parties.

Infringement. If you think that the Application or the provision of any content of the Application infringe any copyright or other intellectual property right, you may at all times contact ZF at legaldcs.cvcs@zf.com and ask ZF to remove such content from the Application.

Automated updates and modifications. In order to improve the Application, ZF reserves the right to introduce automatic updates and modifications into the Application (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Application, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Application and the rules of this EULA shall apply to such updates.

Non-automated updates and modifications. You also agree that ZF may require you to accept and download updates for further use or access to the Application when it is necessary for proper functioning of the Application.

Privacy policy. The Application’s privacy policy is incorporated hereinbelow.

No warranties. You agree that your access and use of the Application shall be at your sole risk and liability. You acknowledge that the content of the Application is provided to you “as is” and “as available”, and that to the fullest extent permitted by applicable law, ZF disclaims all warranties, express or implied, in connection with the Application and your access and use thereof.

No further representations and warranties. Furthermore, ZF makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Application including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; or (iii) property damage, of any nature whatsoever resulting from (a) your access or use of the Application; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Application; (c) any interruption or cessation of transmission of data and/or information to or from the Application; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Application.

No liability. To the extent permitted by applicable law, ZF and/or its licensors waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Application, including authorized or unauthorized
third party use of Application Accounts, or any reliance on any of the content provided on or otherwise in connection with the Application.

Indemnification. You shall defend, hold harmless and indemnify ZF and/or its licensors for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by ZF from another user of the Application or a third party arising out of your access and use of the Application and/or any infringement of the EULA.

Suspension and termination. You agree that ZF may, at ZF’s sole discretion, suspend or terminate your Application Account, and/or your access and/or use to all or part of the Application with or without notice and for any reason, including, without limitation, breach of these EULA. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Application will immediately cease, and subject to applicable law, ZF reserves the right to remove or delete any information and/or content including any Application Account or login information.

Miscellaneous. If any provision of the EULA is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

Assignment. ZF may at its own discretion at any time assign and/or delegate its rights and obligations under this EULA or any part of them to any third party without notice to you. You may not assign your rights and obligations under this EULA in whole or in part to any person or entity without ZF’s prior written consent, and any unauthorized assignment and delegation by you is void.

Entire agreement. This EULA constitutes the full agreement between ZF and you regarding the access and use of the Application by you and substitute any previous or simultaneous oral and written agreements regarding the subject matter hereof.

EULA’s language. Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

Contact. If you have any questions regarding the Application, or the EULA please contact ZF at legaldcs.cvcs@zf.com.

Governing Law. The EULA shall be governed by and construed in accordance with Belgian law, without reference to its conflict of law’s provisions.

Jurisdiction. Any dispute or difference arising out of or in relation to the EULA shall be subject to the exclusive jurisdiction of the Courts of Ypres, Belgium.

Last updated: 06-08-2024

This privacy policy (the Privacy Policy) applies to the processing of personal data, by ZF Friedrichshafen AG and its subsidiary ZF CV Systems Global GmbH, a limited liability company under Swiss law, having its registered office at Giacomettistrasse 1, 3006 Bern, Switzerland and registered with the legal entities register under number CH-036.4.075.785-9 (hereafter ZF), in connection with the Traveler Application (the Application).

This Privacy Policy is an integral part of the end user license agreement (the EULA). In case the provisions of this Privacy Policy conflict with the provisions of the EULA, the provisions of this Privacy Policy shall prevail.

By accepting this Privacy Policy, you expressly agree and consent that ZF processes your personal data, in its role as the controller, in accordance with this Privacy Policy.

(i) We make a difference between all detailed generated personal data by using the Application, like sending messages or consulting traveler information related to the delivered services. (=Operational personal data where ZF is the Processor) and acts on behalf of the Operator who is the Controller (which is the Service provider of the Traveler App); and

(ii) de-identified data generated for statistical, analytical, research and development, commercial, benchmark and similar purposes in accordance with Data Protection Laws (=data where ZF is the Controller).

ZF reserves the right to amend the Privacy Policy at any time at its sole discretion in order to adapt it to any new commercial or technological practice or change in the law. Should this occur ZF will inform you through the Application. If you do not accept the amendments thus made by ZF, your sole remedy is to no longer access and/or use the Application.

ZF recognizes the importance of your privacy and of transparency in its processing of your personal data.

The Privacy Policy explains

(i) which personal data are collected when you access and use the Application,

(ii) the manner and the purposes for which ZF processes the personal data and

(iii) the measures which ZF takes in order to protect such personal data.

ZF collects the personal data which you provide.

ZF collects, directly or indirectly via its partners, the personal data you provide with ZF and/or its partners through web forms, or in your use of the Application, for example, when log-in to the Application, or using the Application to provide transportation services.

Such information includes your user IDs, geolocation, IP address, bookings / journeys / travel details, name, phone number, e-mail and any other information which ZF and/or its partners may request from you. In case you are a minor, the guardian’s consent will be needed.

Certain personal data are also collected in an automated manner.

ZF may also automatically collect personal data when you access and use the Application, including by means of tools and other active elements contained in or through third-party plugins/applications or other user identifications on your devices, the data contained in your device, the data contained in third party services, your preferences, or other information related to your interaction with the Application, including your journeys / travel details. You can define certain authorizations and settings related to the automated collection of your personal data.

You may define certain authorizations related to data collection, in particular in connection with your device’s right to access data contained in your device, according to the available functionalities. You may also withdraw your consent to the processing of certain personal data by uninstalling the Application and executing your rights, see Sections 9 and 12 below .

ZF may process your personal data by automated means and takes appropriate security measures in this respect.

ZF takes the appropriate technical and organizational security measures to prevent the unauthorized access, disclosure, modification, alteration or destruction of your personal data. Data processing is carried out with computers or computer tools, and in compliance with the purposes indicated in this Privacy Policy.

ZF does not use any individual decision-making based solely on automated processing including profiling mechanisms on the Application.

ZF processes your personal data to provide you the Application and other services related thereto.

Your personal data are collected so that ZF may provide you access and use of the Application, and other services related thereto, for the provision of transportation services, or in the manner expressly indicated when the personal data concerned are collected.

Notably without limitation, ZF processes your personal data to improve the Application on a pseudonymized and/or anonymous basis.

ZF may disclose your personal data to third parties in case this is necessary for providing you the Application or as listed below.

All Operational personal data (=use of the application where the user insert information and data to the Application) is processed by ZF appointed as a processor on behalf of the Operator.

ZF may communicate your personal data to third parties as part of operating the Application.

ZF may also enable you to use third-party services directly from the Application, in which case you recognize that the third-party operators of these services may access some of your personal data in connection with the Application.

ZF may disclose your personal data to subcontractors such as IT systems providers, cloud service providers, database providers and consultants and ZF takes reasonable cyber security measures.

ZF may disclose your personal data to any third party to whom ZF assigns or transfers any of ZF’s rights or obligations.

ZF may disclose your personal data to competent courts or supervisory or regulatory bodies, when

ZF shall compellingly disclose your personal data, pursuant to any applicable law, regulation or order.

In the above contexts under Sections 6.1, 6.2 and 6.3, the Application may contain links to other websites/applications. Please note that this Privacy Policy does not apply to the practices of any company or individual that ZF does not control, nor to any other website/application that may be linked from the Application. You should carefully review the privacy policies of any other website/application that you visit from the Application to learn more about their information and privacy practices. In such contexts, the collection and use of your personal data shall be governed by such other party or website/application privacy policy. ZF shall not be held responsible for their privacy practices.

ZF may transfer some of your personal data, in particular the IP address and/or other user identifications for your devices, to the third-party suppliers of these solutions, who will process this data in accordance with their own internal data protection and privacy policies.

Where any Personal Data are or will be transferred outside of the EEA to a country not adducing an adequate level of data protection, EU Standard Contractual Clauses (under the appropriate module) or any other adequate data transfer mechanisms shall be put in place in accordance with applicable Data Protection Laws.

ZF stores and handles in principle your personal data in the European Union and in compliance with EU privacy laws and regulations. Your personal data may also be disclosed and transferred to other states, provinces, countries or other governmental jurisdictions, always in compliance with this Privacy Policy. If you transfer your personal data to ZF, you specifically consent to such disclosure and international transfer.

ZF uses analytics tools in connection with the Application related to the processing as the controller in order to improve the Application.

You have the right to access your personal data processed by ZF and may request without limitation that they be removed, updated, or rectified.

9.1 Except as otherwise required by law, you are always entitled to know if ZF is processing personal data concerning you. You may contact ZF to know the content of such personal data, verify their accuracy and request that they be supplemented, removed, updated, or rectified. You also have the right to ask ZF to cease processing any personal data that may have been obtained in breach of applicable law, and to object to the processing of your personal data for any other legitimate reason.

9.2 Where ZF relies on your consent to process your personal data, ZF will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent. By installing the Traveler app , you give your consent to ZF for the processing of your personal data as described in this Policy, where ZF is the Controller. You can simply revoke your consent by uninstalling the APP.

9.3 You have also the right to request your personal data’s portability, i.e. that the personal data you have provided to ZF be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format without hinderance from ZF and subject to its confidentiality obligations.

We will retain your personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information during the term that is required and/or permissible under applicable/relevant law.

Cookies are small text files that are installed by your browser. They contain information such as the language preference of the visitor, so that he or she does not have to enter this information again during a subsequent visit to the same website. Some cookies ensure that a website has a sharp graphic appearance, others that a website application works properly. If you wish to block cookies, you can do so via your browser settings. However, in this driver application, no cookies are used.

If you have any questions or you would like to exercise your data subject rights in relation to the processing of your Operational personal data by ZF as the processor, please contact your employer.

If you have any other questions or a request in relation to the processing of your personal data when ZF is considered as the controller, please contact ZF via e-mail at privacy.cvcsdcs@zf.com and put in the description that it’s related to the DRIVER APPLICATION app. ZF will aim to respond to you within 30 days from receipt of request. ZF will need to verify your identity before we are able to disclose any personal data to you.