Driver Privacy Policy and Terms & conditions

Privacy Policy

&

Terms & conditions

Privacy Policy

It is crucial for CAOCAO to conduct its business in an honest and transparent manner with high ethical standards. As regards data privacy, CAOCAO treats personal data and this information with great care. CAOCAO is hereby committed to protecting your privacy and we will collect, use, share and protect your personal information pursuant to this Privacy Policy dated January 2, 2020 (hereinafter, “this Policy”). This Policy sets out the information we collect, the terms of use and the sharing of the information collected and your rights in relation to such information. Please carefully read and make sure you understand this Policy before using CAOCAO’s the products and services.

1.        Data Controller
2.        Collection and Use of Data
3.        Sharing and Disclosure of Information
4.        Retention and Deletion of Information
5.        Place of Information Storage
6.        Safety Precautions
7.        Handling of Safety Incidents
8.        User’s Rights
9.        Changes
10.  Contact us

1.      Data Controller

The data controller is CAOCAO Mobility Paris.
102 Rue Victor Hugo 92300 Levallois-Perret France
The CAOCAO Data Protection Officer can be reached at DPO@caocao.fr
Or by post at:
CAOCAO Mobility Paris
102 Rue Victor Hugo
92300 Levallois-Perret
France

2.      Collection and Use of Data

2.1    Scope of application

This Policy specifically applies to users who provide the transportation service through our app, websites and features.

2.2    Processing of your data

The following is a list of what personal information we collect and the sources thereof, the term of use and the legal basis for processing information under applicable regulations in European Union:

CategoriesSource of InformationPurpose of processingRetention Period
Identity information: name, email, phone number, country, city, address, emergency contact and mobile phone, date of birth, gender, photo/avatar(optional) Payment or bank information including relevant payment verification information. We may also collect your driver self-employment number, vehicle brand, color, vehicle identification number, license plate number, VTC License Number & expiry date and scanned pictures (both sides), nationality, ID/passport/resident permit Number & expiry date and scanned pictures, Vehicle registration document number & expiry date and scanned pictures, insurance information, in addition to your personally identifiable information. Language is an optional information item, which may increase user’s recognition. Legal Basis: Contract fulfillment for account creation and update Contract fulfillment for communication between Rider and Driver Legitimate interest for commending and sharing Legitimate interest for identity verification and recognition Article 6 Section 1 b) f) General Data Protection Regulation (hereinafter, “GDPR”)Information you providedCreate or update your CAOCAO account.Enable relevant functions (i.e. activate SMS function) so that you can share information with others, such as evaluating a certain driver, recommending CAOCAO to relatives and friends, or notifying others of your estimated time of arrival.Enable communication between users, including drivers. For example, the driver may send a message to or call the rider to confirm the pick-up point.Verify the driver’s identity to prevent the partner driver with an undesirable history from using the services of CAOCAO.Up to 5 years after the end of the contract
Information you submit when you contact the customer service personnel of CAOCAO to give ratings, recommendations to  or comments on other users, or otherwise contact CAOCAO or provide feedbacks.   Legal Basis: legitimate interest  Article 6 Section 1 c) GDPRInformation you provided–         For the purpose of addressing your request. For example, forwarding your questions to appropriate customer service personnel; investigating and answering your questions; monitoring and improving the responsiveness of our customer service personnel.5 years from the date of communication of the information
Location information determined through GPS, IP address, Wi-Fi Note that we will collect your geolocation information when the CAOCAO app is running in the foreground (app open and on-screen) or background (app open but not on screen) Legal Basis: ConsentInformation created by you during your use of our servicesTo promote our service. For example, if you do not enable CAOCAO to collect your location information, you will have to manually enter your pickup address.Create the usual address bookmark to obtain quick access to previous destinations.Track  ride progress.2 months from the ride.
Transaction information including the order details you receive (place of departure, destination, duration and distance), service provision date and time, banking information, charge amount and payment method. Legal Basis: Contract fulfillment Article 6 Section 1 b) GDPRInformation created by you during your use of our servicesTo provide our service; this includes automatic processing of your information to enable dynamic pricing. Upon use of this function, the fare for the ride will depend on several varying factors, such as anticipated time, distance of the expected route, anticipated traffic conditions, and number of drivers who use CAOCAO at the particular time. PaymentUp to 5 years after the end of the contract
Usage Information includingdate and time of access, application features or pages viewed, application crashes. Legal Basis: Legitimate interest Article 6 Section 1 f) GDPR    Information created by you during your use of our servicesPerform necessary internal operations so as to provide the services of CAOCAO, including troubleshooting software errors and operational problems, conducting data analysis, testing and research, monitoring and analyzing usage and activity trends, and optimizing relevant websites and APPs.For testing, research, analysis and product development. On this basis, we are able to improve and promote the safety of our services, develop new functions and products, and facilitate the insurance and loan solutions relating to our services.1 year from the ride.
Device information including hardware model, device IP address, operating system and version, software, file name and version, preferred language, unique device identifier, advertising identifier, serial number, dynamic device information and mobile network information. Legal Basis: Legitimate interest for fraud detecting Article 6 Section 1 b) GDPR The pursuit of vital interests Article 6 Section 1 f) GDPR  Information created by you during your use of our servicesMonitor dangerous driving behaviours, such as excessive speeding, braking and accelerating, to increase driver awareness of how to avoid such behaviours.For safety purposes such as preventing, detecting and stopping fraud or dangerous behaviors.For example: for marketing purposes, we will sometimes give discount coupons to riders, but it sometimes occurs that  one rider will create several accounts in one device just to earn coupons. This is a typical example of fraudulent behavior, because our aim is to have more riders with one discount, rather than one rider with several accounts.Up to 1 year after the end of the contract
Communication data of users whocommunicate with each other and with CAOCAO through the APPs and websites. For example, the driver and the rider may call or send messages to each other in some countries without disclosing their own phone numbers to the other. To provide this service, CAOCAO will receive certain information relating to such calls or messages, including date and time of calling/message sending and contents of communication. Legal Basis: The pursuit of CAOCAO’s legitimate interest to allow riders and drivers to communicate safely Article 6 Section 1 f) GDPRInformation created by you during your use of our services.For customer support services (including to resolve disputes between users); For safety and security purposes, To improve our products and services andFor analytics.6 months maximum after the communication.   Throughout the duration of a possible dispute.   For data necessary to ensure communication between drivers and rider, it may be kept during the duration of the use of the service by the drivers.
Information from other sources Legal Basis:
Contract, Legitimate interest 
Users who request the services for or on behalf of you, from whom we will acquire your phone number.Users or anyone else who offer your information in connection with a claim or dispute.The business partner of CAOCAO through whom you create or access the CAOCAO account, such as payment service provider, social media service provider, application or website which uses CAOCAO API, or an application or website whose API is used by CAOCAO.Public sources.Provide and promote service; protect legitimate interest of users and other third parties. 2 years from the collection of the information

With respect to all uses of your personal information beyond the scope directly or reasonably associated with the purposes stated in the section “Collection of Personal Information”, we will further notify you of the same and obtain your express consent.

2.3    The interpretation of legal basis

The GDPR requires companies processing the personal data of the users on the basis of specific legal grounds. As stated in the table above, CAOCAO processes the information of the users based on one or more of the grounds specified under the GDPR. To facilitate your understanding, we interpret the categories of legal basis as follows:

  • Such processing is necessary to provide the services and functions you request to fulfill our contract
  • CAOCAO must collect and use certain data in order to provide its services and fulfill the contract between CAOCAO and the users. The information includes:
    • The profiles and personal information of the users that are necessary to establish and maintain your account, including verifying your identity, communicating with you about your rides, orders and accounts, and enabling you to make or receive payments.
    • Driver location information, which is necessary to match drivers with riders, track rides in progress and suggest navigation.
    • Transaction information which must be generated and maintained in connection with the users’ use of the services of CAOCAO.
    • Usage information which is necessary to maintain, optimize and enhance the services of CAOCAO, including to determine, sometimes in combination with other information, incentives, connect riders and drivers, and calculate costs of rides and drivers’ earnings.
  • Collection and use of such information are a precondition of using the CAOCAO application.
  • Such processing is necessary to protect the vital interests of the users of CAOCAO or of others
  • CAOCAO may process relevant personal information, including disclosing data to the law enforcement authorities in case of threats to the safety of the users or of others.
  • Such processing is necessary for CAOCAO’s legitimate interests
  • CAOCAO will collect and use personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
    • To provide customer service.
    • To enforce the Terms of Service of CAOCAO.
  • Such processing is necessary to fulfill the legal obligations of CAOCAO
  • CAOCAO is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal information. For example, CAOCAO is subject to laws and regulations in many cities and countries that require us to collect and retain information about your rides, to retain such information for extended periods of time, and to provide copies of such information to the government or other authorities. CAOCAO will use your information to comply with such laws to the extent that they apply to your use of the CAOCAO application.
  • CAOCAO may also share relevant information with the law enforcement authorities, or upon request by third parties pursuant to legal processes.
  • Consent
  • CAOCAO may collect and use your information upon your consent. You may revoke this consent at any time and free of charge. If CAOCAO has collected and used relevant information upon your consent, but you revoke your consent later, you will not be able to use any services or functions that require collection or use of such information.
  • CAOCAO can collect and use data, upon your consent,
    • To optimize the services of CAOCAO and develop new services so as to enhance your using experience. This includes, for example, recommending (new) functions, improving navigation, enhancing pricing, and matching riders and drivers.
    • For research and analytical purposes. This includes, for example, analyzing usage trends to improve user experience and enhance the safety guarantee of the services of CAOCAO.
    • For direct marketing purposes. This includes, for example, analyzing data to identify market trends and tailor marketing messages to user needs.

CAOCAO will collect or use the following types of data upon your permission:

  • Location information
    • Shared live location information
    • Notifications: Account and ride updates
    • Notifications: Discounts and news
  • CAOCAO may also collect your personal information through voluntary surveys. CAOCAO will collect your responses to such surveys upon your permission. Furthermore, CAOCAO will delete the collected information once this information is no longer necessary for the purposes for which it is collected.

3.      Sharing and Disclosure of Information

CAOCAO will not share your personal information to any other third party unless below or in circumstances in which you consent to such sharing:

3.1    With riders

We may provide the riders with the following information: your name and photo (avatar), vehicle brand, model, color, license plate number, vehicle picture, location, average of ratings given by the riders, total number of trips, year since which you have been usingCAOCAO app and contact information, as may be determined pursuant to applicable laws. The rider will also receive the receipt containing ride charges, your name, photo (avatar), route map and other information.

3.2    With subsidiaries or affiliates of CAOCAO

We will share the information with our subsidiaries or affiliates to help us provide services or to process data on our behalf.

3.3    With service providers and business partners of CAOCAO

CAOCAO may provide its suppliers, consultants, marketing partners, research institutions and other service providers or business partners with information. This includes:

  • The parties who process and give assistance in payment.
  • Marketing partners and marketing platform providers.
  • Data analysis providers.
  • Research partners, including partners who maintain cooperation with CAOCAO or engage in questionnaire surveys or research projects on behalf of CAOCAO.
  • Suppliers who assist CAOCAO in improving safety guarantee of CAOCAO applications.
  • Consultants, lawyers, accountants.
  • Fleet-partner.
  • Vehicle leasing suppliers or third-party vehicle suppliers.
3.4    Out of judicial causes or in case of disputes

We may share your information if CAOCAO is required to do so by applicable laws, regulations, legal proceedings or the government, or we should do so due to safety or similar concerns.

This also includes sharing your information with other parties in connection with merger or sale of corporate assets, or upon consolidation, reorganization, financing or acquisition or M&A of the businesses of CAOCAO, as a whole or in part by other companies, or during all such negotiations.

3.5    After the obtention by CAOCAO of your permission

If we have given notice to you and obtained your permission to share the information, CAOCAO may share your information in circumstances other than those stated herein.

4.      Retention and Deletion of Information

You can delete your account at any time through the privacy settings in the CAOCAO application or by contacting the customer service personnel. In some cases, it may be impossible for CAOCAO to delete your account. For example, there are outstanding payments or unresolved claims or disputes in your account. Upon resolution of the issue preventing deletion, CAOCAO will delete your account as described above.

Upon deletion of the account, CAOCAO will retain certain information, which includes information relating to transaction, location, device and usage, for a maximum of 5 years from the end of the service. In order to comply with our tax and accounting obligations, we will keep your data for a maximum period of 10 years. If we have to resolve a dispute before the courts and competent authorities, unless we are required to do so by applicable law and regulations, insurance and any other requirements in force at the place where we conduct our business, we will retain them for the duration of the dispute, plus the duration of the statutory periods for appeal. If, after the aforementioned retention period, such information is no longer required to provide the services and customer service support of CAOCAO, CAOCAO will delete the data, or take measures to anonymize, encrypt, isolate and archive such information to prevent anyone from accessing or using such information for any purpose other than complying with these requirements. You can have more specific details about the retention of your personal data in section 2.2 “Processing of your data”.

Where necessary, CAOCAO may also retain information, such as name, ID, transaction, device and age of the user for the purpose of protecting its legitimate commercial interests, such as preventing fraud and enhancing the safety. For example, if CAOCAO closes the accounts of the users for unsafe behavior or safety incidents, CAOCAO may retain certain information about the accounts to prevent the users from creating new CAOCAO account in the future.

5.      Place of Information Storage

The information we collect about you will be stored in Frankfurt, Germany.

6.      Safety Precautions

We will adopt strict safety systems and prevailing safety technologies and procedures in the industry to prevent your personal information from loss, disclosure, destruction or unauthorized access and use. We will employ take the following safety technologies and measures to protect your personal information:

  • Encrypting and storing the personal information about users in the server and storing the same through data isolation technologies.
  • Using encrypted transfer protocol during data transfer.
  • Strictly controlling the data access permission and establishing complete sensitive data access permission application and approval systems.
  • Establishing safety monitoring and auditing systems and conducting comprehensive data safety control.
  • Establishing agreements for the exchange of information and software between the organization and external parties.
  • Establishing procedures for monitoring use of information processing facilities and regularly reviewing the results of monitoring activities.
  • Establishing, documenting and reviewing an access control policy based on business and security requirements for access.
  • Controlling access to operating systems by means of a secure log-on procedure.

7.      Handling of Safety Incidents

In the event of a safety incident, we will promptly notify you of the basic information and risks about the incident, the measures we have taken or will take, and the suggestions on the measures you can take yourself  to lower the risks. We will promptly notify the affected users of the safety incidents through push notification, letter or call. When it is difficult to send notifications to the users individually, we will post warning information through an announcement on the platform.

8.      User’s Rights

8.1    Rights

You have the following rights with respect to CAOCAO’s processing of your personal information. To exercise your rights, please read below.

(1) Access to your personal data

You have the right to access your personal information that CAOCAO has about you:

On the CAOCAO’s app, you can already access some of this information by:

i. Clicking your profile picture on the inner sidebar of the app to view your profiles

ii. Clicking “Ride” in the inner sidebar of the client to view your ride history

iii. Clicking “Payment Method” in the inner sidebar of the client to view the payment mode you set

(2) Explanation and copies of personal data

i. You have the right to request from CAOCAO an explanation of your personal information it has and how this information is used.

ii. You also have the right to receive a copy of your personal information that CAOCAO collects.

(3) Correction

If CAOCAO has your personal information that you believe is inaccurate, you have the right to request the correction of these information.

(4) Deletion

i. You have the right to request the deletion of your account or any personal data relating to you at any time. You may delete your accounts and your personal data through the account termination in the CAOCAO application or by contacting the customer service personnel.

ii. Please refer to the “Contact Us” section of this Privacy Policy. We may retain some items of your personal information as required by law or for legitimate business purposes permitted by law.

Please see the “Retention and Deletion of Information” section above for more information regarding the information retention and deletion practices of CAOCAO.

(5) Withdrawal of consent

You have the right to withdraw your consent at any time and free of charge. We will guarantee your right to withdraw consent by:

i. Setting cancellation of permission relating to the system through the system’s authorization to APP

ii. Allowing removal of the bound personal payment mode through the “Payment Method” in the sidebar of the client

iii. Allowing removal of associated contacts through the “Tribe Group” in the sidebar of the client

(6) Objections and complaints

i. Users in the European Union have the right to object to CAOCAO’s processing of personal data, including for marketing purposes based on data analysis and/or automated decision making. CAOCAO may continue to process your information to the extent permitted under GDPR notwithstanding your objection.
ii. You may also submit questions, suggestions or complaints to the Data Protection Officer of CAOCAO.
iii. You also have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
For France, the competent supervisory authority will be the Commission Nationale de l’Informatique et des libertés and your rights can be exercised at 3 place de Fontenoy, 75007 Paris or by phone on 01.53.73.22.22

(7) Right to portability

You have the right in certain circumstances to receive the personal data concerning yourself which you have provided to CAOCAO, in a structured, commonly used and machine-readable format, and to transmit them to another controller.

(8) Post-mortem right to privacy

You have the right to set instructions regarding the storage, deletion or communication of your personal data after your death.

8.2    Privacy Settings

(1) Settings

“Settings” or system settings of the CAOCAO application enables the users to set or update their location and contact information sharing preferences, and their preferences for receiving mobile notifications from CAOCAO. Information on these settings, how to set or change these settings and the effect of turning off these settings are described below.

i. Location information

  • CAOCAO uses the device location services of the users to provide the users with safe, reliable travel experiences whenever they need them. Location data helps improve our services, including pick-up, navigation and customer service.
  • You may enable/disable the permission for CAOCAO’s collection of rider location information at any time via the settings on your mobile device or adjust relevant setting. If you disable the device location service on your device, your use of the CAOCAO rider client will be affected.

ii. Device permission

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that applications cannot access without your permission. In addition, these platforms have different permission systems for obtaining your permission. The iOS platform will remind you the first time the CAOCAO application requests permissions to access certain types of data and will ask for you consent (or not consent). Android devices will notify you of the permissions that the CAOCAO application seeks before you first use the application, and your use of the application constitutes your consent to grant these permissions.

8.3    Transfer of Personal Data Outside of the European Economic Area

We may transfer information that we collect about you to affiliated entities, or to other third parties located in countries or jurisdictions which are not part of the European Economic Area (EEA). I.e. China for purposes of the maintenance of the platform and provide Pick-up and transport services to Chinese tourists.

When your data is transferred to affiliated entities or third-parties located in countries in which the legislation is not offering an equivalent level of data protection as in the European Economic Area, we use the “Standard Contractual Clauses” agreed by the European Commission as adequate safeguards to secure the transfer of your data and their processing.

You can obtain a copy of these adequate safeguards by requesting them. Please refer to the “Contact us” section of this privacy policy.

In addition, we may transfer your personal data to a State which is not considered by the European Commission or the CNIL as offering a level of legal protection of personal data that is equivalent of the one in force in France, if you have expressly consented to their transfer or if the transfer is necessary under one of the following conditions:

– to the safeguarding of your life;
– to protect the public interest;
– to comply with obligations to ensure the establishment, exercise or defense of a legal claim;
– to the consultation, under regular conditions, of a public register which, by virtue of legislative or regulatory provisions, is intended for the information of the public and is open to consultation by the public or by any person proving a legitimate interest;
– the performance of a contract between CAOCAO and you, or pre-contractual measures taken at your request;
– the conclusion or performance of a contract concluded or to be concluded, in your interest, between CAOCAO and a third party.

Where a transfer could not be based on Standard Contractual Clauses and none of the derogations for a specific situation referred to in the paragraph above apply, a transfer to a third country or an international organization may take place if it is necessary for the purposes of compelling legitimate interests pursued by CAOCAO which are not overridden by your interests or rights and freedoms. In this specific case, we will provide suitable safeguards with regard to the protection of personal data and inform you and the supervisory authority of the transfer, of the compelling legitimate interests pursued.

9.      Changes

We may occasionally update this Policy. If we make significant changes, we will notify you of these changes through the CAOCAO application or through others means, such as email.

Significant changes for the purpose of this Privacy Policy include:

  1. Significant changes to our service patterns. Such as purpose of personal information processing, type of personal information processed and how to use personal information;
  2. Changes to the persons or entities to whom personal information is shared, transferred or publicly disclosed;
  3. Significant changes to your rights to participate in processing of personal information and way of exercise thereof;
  4. Other changes that may impose significant impacts on your interests in relation to your personal information.

We encourage you to periodically review this Policy for the latest information on our privacy policy.

10. Contact Us

For any questions regarding this Policy, you may contact CAOCAO through the “Feedback” of our Application or by the email DPO@caocao.fr. CAOCAO may verify your identity, and will make a reply or reasonable explanation within 30 days upon verification of your identity. The period may be extended by two further months where necessary, taking into account the complexity and number of requests. You will be informed of any such extension within one month of receipt of the request, together with the reason for the delay.

Drivers Terms of Use

CAOCAO Mobility Paris S.A.S. is a company with a share capital of 10,000,000 euros registered in the Nanterre Trade and Companies Register under the identification number 852 951 789, with its registered office at 102 rue Victor Hugo, 92300, Levallois-Perret; it specialises in the provision of services for users and professionals in the land and motorised passenger transport sector as an alternative to traditional taxi services (private hire vehicles – PHV or “VTC” in French) operating, under the trade name “CAOCAO”, a Platform offering services to put independent VTC drivers in contact with their customers, with a focus on clean energy passenger vehicles.

The Driver is an independent professional in passenger transport.

The parties have come together to define the terms and conditions of use of the Platform by the Driver.

THIS HAVING BEEN STATED, IT IS AGREED AS FOLLOWS:

Preliminary Article: Definitions, Effective Date, Duration

The terms and rules of interpretation defined below apply to this contract:

  • “Driver”: means a professional driver who meets the conditions defined in article 2 hereof and who adheres to all the provisions below.
  • “Ride”: refers to the transport services ordered by the User via the Platform and carried out, in his/her name and on his/her behalf, by the Drivers. The transport services will only be provided in the Ile de France region.
  • “Driver Account”: refers to the personal space of each Driver allowing him/her to access all the Platform’s functionalities.
  • “Application”: refers to the “CAOCAO Driver” software application published and operated by CAOCAO and accessible by mobile phone, Internet, SMS or any other means of telecommunication,  enabling a User wishing to be transported by private hire vehicles (PHV) to be put in contact with a Driver, and enabling the Driver to consult and manage a set of information concerning the Platform, concerning him and concerning the Rides he/she sells and performs, in particular his/her personal data, the history of his/her Rides performed through the Platform, etc.

The present Contract comes into force as of the date of administrative registration by CAOCAO of all the elements of the Contract duly completed and signed by the Driver, either directly online on the Platform or by hard copies returned to CAOCAO (hereafter the “Effective Date“).

The Contract is concluded for an indefinite period. Consequently, the Contract may be terminated at any time, without compensation on either side, by each of the Parties subject to one (1) months’ notice.

In order to ensure an efficient platform that promotes the quality and safety of services, CAOCAO reserves the right to complete and modify the terms of use of the Platform. These additions or modifications will be published and/or communicated to the Driver at least two months before they come into force. If the Driver disagrees and refuses to accept the new applicable terms, the Driver may stop using the Platform service and terminate the contract during the entire notice period.

Its continued use of the Platform after the notice period has expired entails the unconditional acceptance of the new terms of use.

Article 1: Purpose

CAOCAO owns and operates the Platform, which is a service that puts Drivers and Users in contact with each other for the execution of a passenger transport service with the Driver.

CAOCAO is not a party to the transactions and contracts between the Users and the Drivers.

Within the framework of the operation of the Platform, CAOCAO acts as a simple technical intermediary.

As CAOCAO is not a passenger transport company, its role is limited to the provision of an online platform facilitating intermediation between Users and Drivers and the management of transactions between them.

With the exception of the provisions of article L.3142-3 of the French transport code and any other present or future mandatory regulations that may be imposed on it, CAOCAO does not assume any responsibility for the performance of the transport service.

This contract governs the conditions and rules under which the Driver:

  • is authorised, on a non-exclusive, temporary, revocable, non-transferable and non-transferable basis, to use the Application and the Platform in order to offer his/her transport services, monitor his/her activity and execute the Rides;
  • undertakes, on a non-exclusive basis, to carry out, in his/her name and on his/her own behalf, the transport services that may be ordered by Users via the Platform.

This contract shall prevail over any agreements or provisions to the contrary which may have governed previous relations between the Parties.

In his/her non-exclusive relationship with CAOCAO, the Driver retains his/her complete independence, particularly with regard to transport services, as he/she remains free to use or not to use the Platform’s services.

Article 2: Subscription to the Platform

2.1 Prior Obligations of the Driver

The Driver must be able to provide the service with care, prudence and competence, constantly respecting the traffic regulations and safety standards. Only professionals who fulfil the following conditions may can claim the quality of Drivers:

  • holders of a valid driving licence;
  • having passed the compulsory examination and received their PHV professional card (VTC in French) from the prefecture authorising them to exercise the profession of PHV (private hire vehicle) driver. The Driver must remain in possession of, and be able to justify these documents throughout the duration of the contract;
  • holding (either owning it or leasing it from a third party) an Authorised Vehicle;
  • duly insured by an insurance company established in France under the conditions provided for in 2.4 hereof;
  • who have followed the training provided by CAOCAO or by a third party partner;

The mandatory training provided by CAOCAO covers the operation and use of the Platform, providing advice on the fittings and equipment kits to be installed in the vehicles as well as the services offered by the Platform.

If not already included in the aforementioned training, specific training on regulations and safety and emergency measures may be given to the Driver, upon prior notification by CAOCAO. Attending this training is obligatory to maintain the Driver Account of the concerned Driver.

  • having a mobile device through which they can register and access the Platform

The creation of a Driver Account will also be subject to the prior provision of supporting documents listed in Appendix 2.1 hereto.

In the event that any of these supporting documents expire or are withdrawn during the course of the contract, the Driver must inform CAOCAO immediately. CAOCAO, depending on the nature of this expiration or withdrawal, may decide to suspend or close the Driver Account of the Driver concerned.

The Driver Account is strictly personal, therefore the Driver undertakes to keep his/her codes and identifiers confidential. He/she shall not assign, transfer, sublet or lend them to any person or legal entity.

The Driver confirms and guarantees that all information communicated by him/her, by electronic means via his/her personal account (using his/her user name and password), or by any other means, and in particular information relating to his/her personal data, permits, authorisations and insurance policies enabling him/her to exercise his/her profession, is authentic, accurate, sincere, complete and up to date, and that he/she will notify CAOCAO without delay of any change concerning this information.

The Driver confirms that he/she is solely responsible for the information provided, and that he/she guarantees CAOCAO against any damage, third party claims or additional costs resulting from incomplete or incorrect information he/she provides, or any delay in updating it.

In the event of failure to comply with one or more of these provisions, CAOCAO reserves the right to refuse the creation of a Driver Account, or to suspend access to it.

2.2 Driver Independence

When using the Platform, the Drivers have total independence in the management and organisation of their activity, exclusive of any subordinate relationship with CAOCAO.

This independence is notably ensured thanks to the principles that must be respected throughout the partnership between the Driver and CAOCAO:

  • the Driver being subject to no obligation of exclusivity with CAOCAO. He/she is free to contract for similar missions with competitors of CAOCAO or directly with his/her own customers;
  • the Driver is free to determine his/her connection time to the Platform, provided that he/she has completed all his/her accepted journeys;
  • the Driver accepts and undertakes that the Rides made using the Platform’s services are not his/her sole source of customers and/or income; and
  • other principles that must be to be implemented to ensure the Driver can manage his/her activity entirely independently autonomy.

The parties acknowledge that they have no intention of creating a joint venture, company or association between them, it being understood that the Driver is not authorized to act or purport to act as an agent, mandatary, representative or employee of CAOCAO.

The Driver is solely responsible for the operation of his/her business and bears the costs and expenses of running it.

The Driver shall constantly ensure that his/her activity complies with the applicable regulations and shall make all administrative declarations, including but not limited to social and tax declarations, on his/her own behalf.

2.3 Duty of care

Under the terms of Article L.8222-1 of the Labour Code, the Driver undertakes to submit to CAOCAO at the time of the conclusion of this contract, and subsequently every six months, the documents mentioned in Appendix 2.3.

2.4 Compulsory insurance and equipment for the execution of the Rides

Drivers using the Platform and running the Rides must have and use an Authorised Vehicle. When creating the Driver Account and for the entire duration that he/she uses the Platform, the Driver must hold the necessary and specific insurance for passenger transportation and must be able to provide proof thereof each time he/she is asked to do so. The list of the minimum insurances that the Driver will have to justify appears in Appendix 2.4 of the present document.

The Authorised Vehicle used by the Driver must undergo regular maintenance and specific checks. It must be in a state of perfect cleanliness and presentation and must not be damaged in any way.

CAOCAO may, subject to the observance of a reasonable period of notice, check that the Driver’s vehicle meets all the standards and obligations provided for herein.

2.5 Platform Availability

The Platform’s services are provided as is and as available. CAOCAO employs all reasonable means at its disposal to ensure quality access to the Platform and the Application, but is under no obligation to do so.

CAOCAO does not guarantee Drivers continuous access to the Platform, which may be subject to updates, corrective measures, etc. that may result in the suspension or closure of access to the Platform.

CAOCAO is also unable to guarantee the continuity of services performed remotely via the Internet, telecommunications networks or mobile Internet, which the Driver acknowledges.

CAOCAO nevertheless undertakes to use its best efforts to provide reasonable assurance that Drivers can access and use the Platform and the Application at the times indicated herein.

The Drivers, who carry out their activity independently and non-exclusively, cannot hold CAOCAO responsible for the non-continuity or malfunctions of the Platform.

Article 3: Access to the Platform

3.1 Within a maximum period of 24 hours following the Effective Date, CAOCAO will communicate a temporary password to the Driver sent by e-mail to the e-mail address indicated by the Driver.

Upon receipt of this temporary password, the Driver will connect to the Application using his mobile terminal in order to enter his/her personalised password and generate the opening of his/her Driver Account on the Application.

The Driver will then have to enter a new personalized password to replace the one initially communicated to him/her.

3.2 Access to the Platform and the Application can be performed:

  • from the Driver’s computers and/or mobile terminals; and
  • using the Driver’s Identifier.

With the exception of maintenance periods, the Driver may connect to the Platform and the Application at any time, i.e. 24 hours a day, 7 days a week, including Sundays and public holidays.

The Driver will use his/her Identifiers at each connection.

The Identifiers are intended to restrict access to the Platform to the Driver, to protect the integrity and availability of the Platform and the Application, as well as the integrity, availability and confidentiality of the Driver’s data as transmitted by the Driver.

Identifiers are personal and confidential. They can only be changed at the request of the Driver or at the initiative of CAOCAO, provided that the Driver is informed in advance. The Driver undertakes to make every effort to keep the Identifiers concerning him/her secret and not to disclose them in any form whatsoever.

In the event of loss or theft of one of the identifiers, the Driver will use the procedure set up and communicated by CAOCAO for this purpose allowing him/her to recover his/her Identifiers.

3.3 All costs relating to access to the Platform and the Application, whether hardware, software, internet access, etc., shall be borne exclusively by the Driver.

The Driver remains solely responsible for the choice and installation of the computer, hardware and telephone configuration necessary for the operation of the Platform and the Application by him/her and by the Drivers he has designated. CAOCAO cannot be held liable in any way, nor can it be held liable in this respect, particularly in the event of the malfunctioning of the above-mentioned computer and telephone configuration.

The Driver is solely responsible for the security of the individual access stations and terminals to the Platform and the Application.

CAOCAO cannot be held responsible if the data relating to the registration of a Driver, to the proposal to follow up or to the execution of offers of services does not reach the Driver for any reason that is not attributable to him/her (for example, a problem with the Internet or mobile Internet connection due to any reason whatsoever on the part of the Driver, a momentary failure of his/her servers, etc.) or arrives illegible or impossible to process.

3.4 KYC (Know Your Customer)

CAOCAO will adopt various technical measures in accordance with the regulatory provisions in force to prevent illegal, fraudulent and/or abusive operations. CAOCAO will monitor the products and services provided through the Application and will ensure that no products or services are sold that are illegal, prohibited or do not comply with the Platform’s terms of use. The Driver undertakes to comply with the rules that CAOCAO will be entitled to implement for this purpose.

Article 4: Putting the Driver and the User in contact with one another

The Platform allocates Rides to Drivers who are proactively logged into their Driver Account.

The awarding of Immediate Reservation Rides is made according to various criteria and in particular the principles of proximity and in a balanced manner. In this respect, the Driver acknowledges having been informed that the Platform and CAOCAO can locate him/her in real time as soon as he/she is proactively connected.

With regard to advance bookings, the Driver is informed that the Platform may take into account, as award criteria, all or part of the following elements: (i) the reaction time to the proposal, (ii) the connection time to the Platform, (iii) the number of Rides completed by the Driver, (iv) the overall rating of the Driver, (v) the acceptance rate of the proposed Rides, (v) the type of vehicle, and (vi) the type of journey.

When a Ride request is recorded on the Platform, the Driver may be offered, for a period of 15 seconds, the allocation of the said Ride.

If the Driver wishes to perform this Ride, he/she must confirm his/her acceptance by means of the Application within 15 seconds following receipt of the notification. After this period, the Ride may be offered to another Driver.

Once the Driver has accepted the Ride, a contract of carriage is concluded between him/her and the User concerned, obliging him/her to execute the Ride ordered. The Driver will also be given the User’s contact details enabling communication between them before the start of the Ride.

If the User does not show up at the agreed place and time of departure, the Driver may, after a waiting period of 6 minutes (which will be extended to 15 minutes if booked in advance), cancel the User’s trip without any liability for the costs associated with such cancellation.

CAOCAO via the Platform cannot commit to a minimum number of Users and Rides offered to the Driver, the said volume of Rides depending on the number of Users and their requests but also on the conditions of use of the Platform by the Driver and the conduct of his/her activity.

In order to maximise the volume of Rides that can be offered to him/her via the Platform, the Driver is invited (while ensuring that his/her state of fatigue and level of concentration allow the Rides to be performed at all times in complete safety for him/her, the Users and third parties) to maximise his/her connection time to the Platform, to update his/her status and to take particular care in the performance of his/her services in order to limit the number of negatively-rated Rides (ignored, cancelled, or failed) and to earn and maintain the best possible customer rating.

In the event of repeated non-acceptance of the Rides offered by the Platform, the Platform may consider that the connected Driver is temporarily unavailable to receive Rides and, in the interest of the Platform’s proper operation, the Driver may be automatically disconnected from his/her Driver Account. In this case the Driver will be able to reconnect to his/her Driver Account as soon as he/she is available.

Article 5: Execution and follow-up of the Rides

5.1 The Drivers are and remain fully independent. There is no subordination between CAOCAO and the Drivers. Consequently, the Drivers have total freedom in the organisation of the transport services they carry out, they can connect and disconnect as they wish, provided that they have completed all the Rides already accepted.

5.2 The Driver undertakes to:

  • perform his/her services in accordance with the provisions of this Contract, and more particularly perform quality services in accordance with the applicable legal provisions and the accepted practice;
  • always behave in an appropriate manner when conducting the Rides ;
  • always be courteous, polite, discreet and pleasant towards Users,
  • be dressed smartly,
  • refrain from any behaviour that could endanger the safety of the persons he/she transports, which implies always complying with the highway code, in particular with speed limits, and not taking telephone calls while driving or consuming alcohol or narcotic products.
  • always make available to the Users in the Authorised Vehicle, the equipment kit supplied by CAOCAO, the components of which are stipulated in Appendix 5.2..

Generally speaking, the Driver undertakes to take all the care and diligence necessary to carry out the Rides.

5.3 Notwithstanding the commitments and responsibilities referred to herein, the Driver also undertakes to :

  • strictly respect the contractual deadlines described in the User’s request for a Ride ordered by the User. In the event that the Driver becomes aware of any event or fact whatsoever, including if it is attributable to the User or to CAOCAO, likely to delay the execution of all or part of the Rides or in the event of manifest impossibility in good faith on the part of the Driver to execute them, the Driver undertakes to inform CAOCAO without delay via the Application or any other appropriate means;

In addition, the Driver:

  • recognises that he/she has the necessary skills and resources to provide the Rides it offers (where appropriate, also with regard to drivers who are members of his/her staff), and that he/she fulfis the physical conditions to drive private hire vehicles and has the qualities and insurance required to assume the responsibilities arising therefrom;
  • acknowledges that the only vehicle he/she uses for the Rides is indeed an Authorised Vehicle registered with the Platform, in perfect state of maintenance and up to date with the technical inspections in force, as well as the technical and comfort conditions in force provided for by the regulations applicable to the activity of private hire vehicle transportation (véhicule de tourisme avec chauffeur, or VTC in French).

The Driver declares that he/she holds all the legal and regulatory authorisations in force applicable to his/her activity, in order to enable him/her to offer and perform the Rides.

The Driver is responsible for the execution and more precisely for the good or bad execution of the Rides ordered by the User and undertakes to respect the commitments made to the Users and not to harm the brand image of CAOCAO.

In this respect, the Driver shall refrain from promoting, by any means whatsoever, the services of CAOCAO’s competitors vis-à-vis the Users that he transports in the context of a Ride.

The Driver guarantees CAOCAO against any claim, action or proceedings to which CAOCAO may be subject and against any prejudice which CAOCAO may suffer and which may result, directly or indirectly, from claims, actions or proceedings initiated as a result of the non-performance or improper performance of the Rides by the Driver.

5.4 The Driver acknowledges and accepts that for the Platform to function properly, it must be able to follow him/her geographically in real time.

When a Driver accepts a Ride, the Platform will suggest a recommended itinerary for the execution of the Ride. It will be up to the Driver to take this route or another one of his/her choice.

5.5 The Drivers acknowledge that the cancellation of a Ride after accepting it seriously disrupts the proper functioning of the Platform.

5.6 During the provision of services for any Ride, the Driver must not display any advertising on the vehicle without the prior agreement of CAOCAO.

Article 6: Rating of Drivers and Users

The Driver declares that he/she has been informed by CAOCAO that as part of monitoring the quality of the services offered by the Platform, the Driver will be able to rate the User and the User will be able to rate the Driver at the end of the execution of each Ride.

The User will also have the possibility to leave a comment explaining the rating given to the Driver, this explanation will be obligatory in the case of a rating lower than 3/5.

The totality of the scores received will allow the calculation of an average score which will be displayed on the User and Driver profile, and which will also allow the Driver to benefit, if necessary, from rewards and to improve his/her Ride assignment rate, in particular those booked in advance.

The overall rating will take into account the most recent ratings received, up to the limit of the last 300.

Under no circumstances will CAOCAO be considered as an editor of User comments, and will not assume any responsibility for verifying the veracity of the content. CAOCAO will not be held responsible for the content and consequences of the publication of these comments.

Article 7: Prices – Payments

7.1 The price of each Ride will be calculated according to criteria defined by the Platform. As an example, prices will be modulated according to time, route, distance and supply and demand. The price cannot be modified by the Driver, who remains free not to accept a Ride proposed by CAOCAO.

7.2 The price of the Ride is invoiced via the Platform directly to the User by virtue of an invoicing mandate provided for in article 7.9 hereof.

7.3 It is specified that the User has the choice of paying the price of the Ride in cash or by means of payment systems compatible with the Platform. The Driver must provide sufficient cash to give change to the User.  In such a case, the Driver undertakes to pay CAOCAO the commission provided for in article 7.5.

7.4 The Driver indicates to CAOCAO that he/she has entered into an agreement directly with a third party payment service provider (the “PSP”) in accordance with the enrolment procedures instructed by the PSP.

CAOCAO will provide assistance and technical support to the Driver in the use of the services to be provided by the PSP. CAOCAO will provide first-line assistance to enable the Driver to use the payment services via the PSP systems. To this end, the Driver hereby grants access to his/her data and its configuration in the systems used by the PSP to provide its services.

The Driver accepts and acknowledges that CAOCAO’s assistance in becoming acquainted with the ergonomics of the systems enabling PSP to provide him/her with payment services may under no circumstances lead CAOCAO to initiate payments on his/her behalf within the meaning of 7° of article L. 314-1 of the French Monetary and Financial Code.

Under no circumstances shall CAOCAO be considered the agent or representative of PSP or a party to the payment service contract between the Driver and PSP. CAOCAO cannot be held responsible for the quality of the services offered or the transactions carried out by PSP.

7.5 The Drivers accept that a commission of 23% will be deducted from the price of each Ride performed and paid to CAOCAO as remuneration for access to and use of the Platform, the remainder of the price of each Ride being paid to the Driver.

With regard to the cash payment received directly by the Driver, the latter irrevocably undertakes to pay the commission using the funds available in his/her personal account with PSP.

The User will have the possibility to leave a tip to the Driver either through the Platform or by paying directly to the Driver. This tip will not be included in the basis for calculating the commission paid to CAOCAO, its amount will be paid in full to the Driver.

7.6 Reduction of Commissions

CAOCAO may decide, at its sole discretion, on all mechanisms or programs allowing the Driver to benefit from reduced commissions, according to the terms to be determined in the programs, in order to facilitate the start of the Driver’s partnership with CAOCAO or to promote the quality of the services rendered through the Platform.

The written terms and conditions of such programs, if any, will be notified in advance by CAOCAO to the Driver by the authorized means of communication provided for in this contract.    

The Driver acknowledges and agrees that CAOCAO reserves the right to determine, interpret or modify the detailed terms and conditions and duration of these programs.

7.7. Promotion

CAOCAO may decide to implement various promotional programs, including the granting of promotional codes or discount coupons to Users. These codes or coupons will allow them to obtain a discount on the fares of transport services provided through the Platform. CAOCAO will assume the financial cost of these promotional programs and, therefore, will credit the Driver’s payment account with the amount of the discount that the Users will benefit from.

7.8. The Driver can regularly consult, via the Platform, the updated data of his turnover corresponding to the services performed, the amount of the commission he must pay to CAOCAO, and if applicable, the amount of the applicable commission reduction provided for in article 7.6, the indemnities provided for in article 7.7 and the amounts of discount or compensation he/she would pay to the User following a claim, as described in article 14, and the sum of all these amounts. Once the Driver requests payment of the corresponding balance from the PSP, the Driver is deemed to have accepted and confirmed these amounts and the calculations made.

7.9 Billing mandate

The Driver hereby gives CAOCAO, during the term of this Contract, a mandate for the following purposes:

  • to establish and issue, in his/her name and on his/her behalf, all invoices relating to transport services carried out by him/her for the benefit of his/her customers through the CAOCAO platform, and,
  • to send them to the Driver’s customers electronically.

CAOCAO is also mandated for the purpose of establishing and issuing invoices on behalf of the Driver for the fees for services that the Driver may be entitled to receive from CAOCAO in the context of their partnership. CAOCAO will also mark the invoices with the wording ” facture émise au nom et pour le compte du Chauffeur » (invoice issued in the name and on behalf of the Driver), with the name, address and VAT identification number of the Driver.

To this end, CAOCAO will set up an invoicing system integrated into the Application and allowing the Platform to carry out the corresponding functions. The billing mandate shall take effect on the day of implementation of this billing system.  

The Driver confirms and guarantees that all the information relating to the legal status and tax regime of his/her company, as provided by him/her, is authentic, sincere and up to date, and he/she will notify CAOCAO without delay, by registered post with recorded delivery, of any change of information likely to affect the elements that must necessarily appear on the invoice.  The Driver will have the possibility to consult and download via the Application all invoices within a reasonable period of time following the performance of the service concerned, and in the event of dispute as to the content of the invoice, he/she must immediately inform CAOCAO, no more than 15 days after obtaining access to the invoice concerned.

It is reminded that the Driver is solely responsible for the invoicing of his/her clients. He undertakes to download and keep the invoices issued by CAOCAO, and must declare and pay the tax mentioned on his/her invoices to the French tax authorities on a spontaneous and regular basis. The Driver guarantees CAOCAO against any damage or additional costs resulting from incorrect information provided by the Driver or any delay in updating it.

Article 8: Suspension and closure of the Driver’s Account

8.1 CAOCAO reserves the right to deny or suspend the Driver’s access to the Platform or to close the Driver’s Account in the event of a serious breach by the Driver of one of his or her essential obligations and in particular in the following cases:

  • In the event of constant or recurring problems related to the reliability, quality or safety of the service provided by the Driver, which could be observed by CAOCAO or notified by the Users, and in particular :
  • In the event of repeated cancellations, significant delays, or any misconduct in the execution of the service,
  • Violations of VTC service market standards:
  • Any other behaviour that has results in damaging CAOCAO’s image or brand.
  • Sustained breach of the minimum overall score of 3 out of 5. The Driver will receive notifications when his/her overall score approaches the minimum score as well as recommendations and/or assistance in order to improve the quality of service.
  • Violation of security regulations, in particular:
    • inappropriate physical contact with a User,
    • inappropriate language,
    • making contact with a User after the completion of the Ride without the User’s consent,
    • non-compliance with the rules of the highway code or driving deemed dangerous, consumption of alcohol or illegal substances
  • False or fraudulent statements in the use of the Platform
  • Omissions or misrepresentations when registering on the Platform and creating the Driver Account.
  • Discriminatory behaviour towards the User
  • Failure to comply with one or more provisions of this contract.

In the event of anything being reported to the police, CAOCAO and the Platform will cooperate fully with the police services.

8.2 The suspension or closure of a Driver Account will result in immediate denial of access to the Driver. Consequently, the Driver will no longer be able to use the Platform and the associated services.

As soon as the Driver’s Account is suspended or closed, the Driver will no longer be able to avail themselves of the intellectual property rights owned by CAOCAO.

Article 9: Termination of the contract

Unless expressly provided otherwise, this Contract may be terminated by either of the Parties, by registered post with recorded delivery notifying their intention to terminate, subject to one (1) months’ notice.

Without prejudice to any damages that CAOCAO may seek, CAOCAO reserves the right to terminate the Contract automatically, without notice or compensation, for any breach by the Driver of his/her contractual obligations.

The effective termination of this Agreement, for any reason whatsoever, will also have immediate consequences:

  • the termination of the rights of the Driver and, if applicable, of his/her drivers to access and use the Platform and the Application by blocking, by CAOCAO, the Identifiers; and
  • the immediate and automatic payment of amounts due by one party to the other; and
  • the return to each of the Parties of the other Party’s confidential data and information and the impossibility of being able to use them.

Notwithstanding the termination of this Agreement, the contractual provisions which, by their nature, are intended to continue to apply after the termination of this Agreement shall so do, regardless of the cause of termination.

Article 10: Intellectual Property

CAOCAO is the owner of the Platform and all related intellectual property rights.

The Platform, the Application and the content (in particular data, databases, software, photographs, information, illustrations, logos, trademarks, etc.) that appear or are available on it are protected under copyright, trademark law, patent law, database producer law or any other right recognised by the legislation in force.

Any copy, reproduction, representation, adaptation, alteration, modification, unauthorized distribution, in whole or in part, of the Application and/or the content of the Platform, belonging to CAOCAO, to a third party or to another user, is illicit and may incur the criminal and civil liability of the offending user.

The temporary availability of the Platform and the Application under the conditions provided for in this Contract cannot be interpreted as the transfer of any intellectual property right to the Driver, within the meaning of the French intellectual property code.

If any suggestions, concepts or developments proposed by the Driver are implemented by CAOCAO in its services, the Driver acknowledges and accepts that CAOCAO is the owner of any rights, titles or interests that may result from such suggestions, concepts or developments.

However, for the purposes of the Platform and associated services, CAOCAO grants the Driver a non-exclusive, non-transferable and non-sublicensable User License for the entire duration of the contract, in order to allow him/her to reproduce and display its content, but only and strictly for his/her professional use in the context of the use and access to the Platform.

The present licence is granted for the sole and exclusive purpose of enabling the Driver to offer Users his/her transport services and to follow up on the Rides orders placed by Users, to the exclusion of any other purpose.

The Driver may under no circumstances make the Platform and/or the Application available to a third party other than the Drivers designated by him/her and must strictly refrain from any other use, in particular including but not limited to: any adaptation, modification, translation, arrangement, distribution, decompilation without the express, written and prior agreement of CAOCAO.

The Driver is also prohibited, without prior written permission from CAOCAO, from the following acts, including but not limited to:

  • using the Platform and/or the Application for promotional purposes and, in general, offering products and services that remunerate him/her directly or indirectly, other than offers of Rides addressed to Users;
  • creating archive files from the content on the Platform and/or the Application;
  • reproducing, representing, using, referencing (particularly in the meta words of search engines), all or part of the content, brands, logos and distinctive signs appearing on the Platform and/or the Application.

The rights granted to the Driver hereunder shall be extended to any update or new version of the Platform and/or the Application, unless the corresponding update or new version contains its own terms of use.

Where applicable, the Driver shall ensure that drivers who are members of his/her staff and who are authorised to use the Platform and/or the Application comply with this article.

Article 11: Personal data

Each Party is responsible for their own processing of personal data and undertakes to collect and process any personal data in accordance with the regulations in force applicable to the Processing of such data, and in particular Regulation (EU) 2019/679 of 27 April 2016 (hereinafter the “General Data Protection Regulation” or “GDPR”), Law No. 78-17 of 6 January 1978 as amended, the French Act for a digital republic (loi pour une république numérique) and any new regulations that may be adopted during the performance of the Contract with regard to security and protection of personal data.

The conditions under which the data will be processed are detailed in the Privacy Policy available on the website www.caocao.fr which the Driver declares to have read and understood.

Failure to comply with the provisions relating to personal data constitutes a serious breach of the Parties’ commitments and may lead to termination of the Contract for breach by one of the Parties without prejudice to any damages.

Notwithstanding any provision to the contrary in the Contract, given the critical and strategic nature for the Parties to ensure the processing of personal data in compliance with the regulations in force and in particular with the GDPR, it is expressly understood between the Parties that the liability incurred in the event of a breach by them of the provisions of this Contract and/or Appendix cannot be subject to a ceiling.

Each Party undertakes to take all appropriate measures to protect and ensure the security, integrity and confidentiality of the personal data it collects and processes in accordance with standard practice and in particular to protect them against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, as well as against any other form of unlawful processing or communication to unauthorised persons.

Each of the Parties undertakes to inform the other Party of the occurrence of any security breach having direct or indirect consequences on the processing of Personal Data, as well as any complaint addressed to it by any person concerned by the processing carried out under this Contract.

This communication shall be made as soon as possible and no later than twenty-four (24) hours after the discovery of the security breach or after receipt of a complaint and in any event within a period of time that will enable the other Party to comply with its own obligations under the applicable regulations.

Each Party undertakes not to retain Personal Data beyond the retention period proportionate to the purpose of the processing for which it was collected.

Each Party undertakes to co-operate with the competent data protection authorities, in particular in the event of a request for information which might be addressed to them in the event of a control.

Article 12: Confidentiality

Each of the Parties undertakes to keep strictly confidential all information communicated to it as such by the other Party or of which it becomes aware in the course of the performance of this Contract.

Each of the Parties shall therefore refrain from disclosing the aforementioned information, throughout the duration of the Contract, for any reason whatsoever, except by order of a Court or administration or unless the information in question has fallen into the public domain.

Each Party also undertakes to ensure compliance with the provisions of this Article by all its personnel concerned, for whose conduct it vouches towards the other Party.

The obligation of confidentiality will apply for the duration of the Agreement and will continue beyond the expiration or termination of the Agreement for a period of three (3) years.

Article 13: Responsibility of CAOCAO

CAOCAO assumes, in the context of the execution of the present contract and the operation of the Platform, a best-efforts obligation . Consequently, its liability can only be incurred on the basis of a fault on its part proven by the Driver. In accordance with legal provisions, only the direct and foreseeable damages resulting from its fault will be repaired by CAOCAO.

The Driver is fully aware that CAOCAO is not in a position to verify the accuracy and truthfulness of the statements and information provided by the User, and that despite all the security measures put in place by the Platform, some Users could behave in an imprudent, inappropriate or dangerous manner. The Driver understands that such risks are inherent in private hire vehicle activities and will not seek any liability against CAOCAO for damages arising from a User’s conduct.

The Driver declares and confirms that he/she is, as the head of his/her own company, solely responsible for the risks associated with the operation of PHV transport activities, including any material or physical damage suffered by his customers or by him or herself. The Driver undertakes to defend and indemnify CAOCAO against any claim that may be made directly by a third party against CAOCAO in connection with the services provided by the Driver.

Article 14: Complaints and claims

14.1. The Driver expressly authorizes CAOCAO to receive complaints and claims from Users against him/her and to verify their truthfulness and accuracy. The Driver understands that CAOCAO may ask the User concerned to provide appropriate proof.

By way of example, complaints and claims may concern the price of a Ride, the choice of itinerary, service failure or disagreements of any other nature between the Driver and the User .

CAOCAO will transmit to the Driver, for the latter’s reference and observations, all information that it may collect from the User or in the context of its investigations following a complaint or claim by the User. The Driver will have a right of reply, he/she will be able to make observations and provide any evidence he/she deems relevant.

In the collective interest of ensuring reliable and quality services through the Platform, CAOCAO will propose an amicable resolution of the dispute to the Driver, which may consist of the refund of part or all of the price of the Ride in question.

The Driver is free to accept or refuse such a proposal, but he/she undertakes to react seriously and responsibly to the facts for which he/she is criticised, and to justify his/her possible refusal.

In the event of acceptance of an amicable resolution consisting of a reduction in the price of the Ride or the payment of compensation, the Driver will be deemed to have given his/her agreement and instructed PSP to carry out any movement on his/her account with PSP.

14.2.    In the event of a complaint or comment from the Driver concerning the Platform’s operations or services, it may be transmitted by the Driver in electronic form either via the Application or by email to CAOCAO. Upon receipt of such complaint or comment, CAOCAO will study the submission without delay and may forumulate its response and/or comments by any appropriate means provided herein. Where appropriate, CAOCAO may put forward its own position and/or comments on the subject in question, as well as any proposal for an amicable resolution (including, where applicable, the payment of compensation) between the Driver, the Platform and/or the Client, and if it deems necessary, accompanied by any grounds explaining such a proposal.

14.3 In the event of a complaint or incident notified within the Platform as mentioned above, the Driver irrevocably grants CAOCAO the authorization to report the event and the relevant circumstances, together with  resolution of the settlement, if any, to the PSP engaged by the Driver. The Driver is clearly informed that such information could result in the suspension, cancellation, refund or chargeback of the payment in question, in accordance with the rules governing its relationship with PSP.

Article 15: Communication of Information, Notification and Evidence

The Driver confirms and guarantees that all the information communicated by him/her when opening a Driver Account or during the execution of the present contract, in particular the elements relating to his/her personal data, the permits, authorisations and insurance policies enabling him/her to exercise his/her profession, and the information relating to the legal status and tax regime of his/her company, are accurate, sincere, complete and up to date, and that he/she will notify CAOCAO without delay of any change concerning this information accompanied by the necessary supporting documents.

The Driver confirms that he/she is solely responsible for the information provided, and that he/she guarantees CAOCAO against any damage, third party claims or additional costs resulting from incomplete or incorrect information he/she provides , or any delay in updating it.

The Driver acknowledges and accepts that notifications of any kind relating to the execution of this contract may be communicated electronically via his/her Driver Account, any other applications, e-mail, SMS or other electronic forms with CAOCAO and/or the Users (authorised means of communication). The information transmitted via these authorised means of communication is valid, binding and may engage the responsibility of the Driver.

Article 16: Applicable law and jurisdiction

These Terms of Use are subject to French law in their French language version. Any dispute of any nature whatsoever will be under the jurisdiction of the Commercial Court (Tribunal de Commerce) of the place of CAOCAO’s registered office.

Article 17: Survival of clauses

If any provision of these Terms of Use should be considered unlawful, invalid or unenforceable, this shall not affect the legality and validity of the remaining provisions, which shall remain fully enforceable.

Signed in (place)

Date

For CAOCAO

For the Driver

Appendix 2.1 Supporting documents required for the creation of a Driver Account

  • Identity card or passport and, where appropriate, residence permit, and
  • Driving licence, and
  • Insurance for fare-paying passenger transport, and
  • Professional Third-Party Liability Insurance, and
  • Company or business registration certificate, and
  • VTC permit, and
  • Vehicle registration document, and
  • “VTC” windscreen sticker, and
  • Vehicle roadworthiness testing, and
  • Reference details of of the Driver’s bank account, and
  • all other documents that CAOCAO may legitimately request.


Appendix 2.3 Duty of care

The Driver undertakes to hand over to CAOCAO :

  • A document certifying his/her registration (“extrait Kbis” or trade directory card (repertoire des métiers”))
    • An “attestation de vigilance” issued by URSSAF which states the number of employees and the total remuneration that the Driver declared at his/her last due date. This document also certifies the Driver’s compliance with the obligations to declare and pay social security contributions.

Appendix 2.4 Required Insurance

Civil Liability 
Personal InjuryUnlimited amount
Material and immaterial damages (including fire liability)100,000,000 € per claim
Of which damage to the environment and / or pollution1,500,000 € per claim
  
Legal Protection 
Legal fees and court costsCannot under any circumstances exceed €8,000 per claim, regardless of the number of beneficiaries.
  
Vehicle Damage 
Collision with one or more vehiclesRepairs covered by LEASEPLAN In all cases where the responsibility of a third party cannot be sought, the lessee remains liable for a contribution specified per vehicle and per event and specified in the special conditions.
Collision with a fixed or mobile body
Overturning the vehicle
Fire, forces of nature
Theft with or without violence 
Attempted robbery 
Window/windscreen damage 
Acts of vandalism 
  
Optional Warranties 
Financial loss (difference between contract value and loss adjustor value)Up to the financial claim of the lessor
Driver’s guarantee (personal injury of the driver of the rented vehicle)Compensation up to 152,500€ calculated according to the rules of the Common Law.
Guarantee of personal effects and objects (of the Driver and the persons transported in the vehicle)Up to €500

Appendix 5.2 Hardware kit components

Phone holder, charging cable, umbrella, tripod, reflective vest