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 Right
10. Contact Us
1. Data Controller
The data controller is CAOCAO Mobility Paris.
102 Rue Victor Hugo 92300 Levallois-Perret France
CAOCAO Data Protection Officer can be reached at DPO@caocao.fr
Or by post at:
102 Rue Victor Hugo
2. Collection and Use of Data
2.1 Scope of application
This Policy globally applies generally to all users who use our app, websites and features or who request or receive the transportation service.
2.2 Processing of your data
The following is a list of what personal information we collect and the sources thereof, how we use it, and the legal basis for processing information under applicable laws in EU:
|Categories||Source of information||Purpose of processing||Retention Period|
|Identity information: name, email, phone number, payment or bank information including relevant payment verification information, date of birth, gender(optional), photo/avatar(optional), Legal Basis: Contract fulfillment for account creation and update. Legitimate interest for sharing and communication function. Article 6 Section 1 b) General Data Protection Regulation (hereinafter, “GDPR”)||Information you provided||Create or update your CAOCAO accountEnable relevant function (i.e. activate SMS function) so that you can share information with others, such as commending a certain driver, recommending CAOCAO to relatives and friends, or notifying others of your estimated time of arrival.Enable communication between users, including the drivers. For example, the driver may send a message to or call the user to confirm the pick-up point.||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, compliments for or comments on other users, or otherwise contact CAOCAO or provide information feedback. Legal Basis: Legitimate interest Article 6 Section 1 c) GDPR||Information 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 Legal Basis: Your consent Article 6 Section 1 a) GDPR Note that location information will be collected from the driver during your ride and linked to your account, even if you have not enabled CAOCAO to collect your location information.||Information created by you during your use of our services||To 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 enable quick access to previous destinations.To track tride progress||2 months from the ride.|
|Transaction information including your order details (place of departure, destination, duration and distance), service provision date and time, charge amount and payment method. Legal Basis: Contract fulfillment for order details Legal obligation for tax purpose Article 6 Section 1 b) c) GDPR||Information created by you during your use of our services||To 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 users who use CAOCAO at the particular time.||Up 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: Contract fulfillment for service providing Legitimate interest for service promotion Article 6 Section 1 b) GDPR||Information created by you during your use of our services||Perform 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 the 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 Article 6 Section 1 b) f) GDPR||Information created by you during your use of our services||For safety purpose such as preventing, detecting and stopping fraud or dangerous behaviors.For example: for marketing purposes, we will sometimes give discount coupons to users, but it sometimes occurs that one user 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 users with one discount, , rather than one user 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, websites. For example, the driver and the user 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 users and drivers to communicate safely Article 6 Section 1 f) GDPR||Information 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 the Data necessary to ensure communication between drivers and users, it may be retained for the duration of the use of the service by the users.|
|Information from other sources Legal Basis: Contract, Legitimate interest||Users who request the services for you or on your behalf, 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 application or website whose API is used by CAOCAO.- The head of the Tribe in which you participate.Public sources.||Provide and promote service; protect legitimate interest of users and other third parties||2 years from the collection of the information.|
In the interests of further clarity, in CAOCAO’s legitimate interest, CAOCAO may use the collected information to present you products, services, discounts/awards, researches, investigations, news, latest trends, and activities that are similar and related to the service we are offering to you. For such purpose, your personal data will not be kept for more than 5 years after the last active contact you made with us. We may use the collected information to handle issues as permitted by applicable laws, or to comply with the requirements and official investigations from the supervisory authority and government.
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.
- 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 users and drivers.
- 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 prevent, monitor and combat fraud in connection with the use of the services of CAOCAO. For example, CAOCAO uses profiles, locations, devices and usage information of the users to identify and prevent behaviors by which users attempt to defraud CAOCAO or other users.
- 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.
- 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 you using experience. This includes, for example, recommending (new) functions, improving navigation, enhancing pricing, and matching users 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 as set out below or where you consent such sharing:
3.1 With drivers
We may notify the driver of your name, average of ratings given by the drivers and pick-up and/or drop-off location and geolocation position if you agreed to be localized.
3.2 Upon your request
This may include sharing your information with:
- Others you request. For example, we may notify your friends of your estimated time of arrival and location upon your request.
- The head of the Tribe to which you participate.
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.
- 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 a 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 need to resolve any dispute before the competent courts and authorities, unless we are required by law, regulations, insurances and other requirements in the place of business operation to delete it, we will keep them for the duration of the dispute, increased by the legal appeal periods . 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 usage of the User for the purpose of protecting its legitimate commercial interests, such as preventing fraud and enhancing safety. For example, if CAOCAO closes the accounts of the users for unsafe behaviors 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 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
You have the following rights with respect to CAOCAO’s processing of your personal information. To exercise these 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.
If CAOCAO has your personal information that you believe is inaccurate, you have the right to request correction of these information.
You may also edit the name, phone number and email address associated with your account through the “Settings” menu in the CAOCAO application.
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) 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
“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.
- Location information
- CAOCAO uses the device location services of the Users to provide the users with safe, reliable travel experience whenever they need. Location data helps improve our services, including pick-up, navigation and customer service.
- You may enable/disable the permission for CAOCAO’s collection of user 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 user client will be affected. In addition, location information will be collected from the drivers during your rider and associated with your account, even if you have not permitted CAOCAO to collect your location information.
- 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.
- Usual Address
You may set and reserve a usual address though “Setting-Usual address”. You can also update and delete it through the same channel.
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.
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 for the transfer of personal data to third countries 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.
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 to our service patterns. Such as purpose of personal information processing, type of personal information processed and how to use personal information;
- Changes to the persons or entities to whom personal information is shared, transferred or publicly disclosed;
- Significant changes to your rights to participate in processing of personal information and way of exercise thereof;
- Other changes that may impose significant impacts on your interests in relation to your personal information.
10. Contact Us
For any questions regarding this Policy, you may contact CAOCAO through the “Feedback” 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.
Terms and conditions
Last updated: Avril 4, 2020
1. Purpose of the Services
CAOCAO Mobility Paris provides the User with a technological solution to book and use Transportation Services provided by Third Party Drivers by the means of its mobile Application Caocao, or its Website.
The User acknowledges that CAOCAO Mobility Paris does not provide itself the transportation service but is only providing a service of intermediation between the User and the Third-Party Drivers.
CAOCAO Mobility Paris, is a S.A.S company based at 102 Rue Victor Hugo 92300 Levallois-Perret, France and registered under number 852 951 789, whose share capital is 10,000,000 Euros and VAT individual identification NO. is FR35852951789. (thereafter “CCMP”).
“Application” means the “CAOCAO” software application published and operated by CCMP and accessible by mobile phone, Internet, SMS or any other means of telecommunication, enabling a User wishing to be transported by vehicles for hire (VTC) to be put in contact with a Driver, and enabling the User to consult and manage a set of information concerning the Platform, concerning him/her and concerning the rides, in particular his/her personal data, the history of transactions and his/her communication information via the Platform, etc.;
“Third Party Drivers” refers to the independent third party providing the Transportation Service through the use of the Service.
“CCMP” means CAOCAO Mobility Paris, as described at Article 1 herein.
“User Content” means text, audio, and/or visual content and information, except for personal information in the sense of applicable data protection laws and elements concerning protected intellectual property uploaded on the Application and the Website, including commentary, ratings, and feedback related to the Services or the Transportation Services, initiation of support requests, and submission of entries for competitions and promotions;
“Consumer” means any natural person who uses the Services or the Transportation Services through the use of the Application and/or the Website, in France, for other purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activities within the meaning of the preliminary Article of the French Consumer Code, without prejudice to any definition resulting from the law of the European Union or its case law;
“Account” means the personal user Services account allowing him/her to access all the Platform’s functionalities.
“Charges” means the fees incurred for the Transportation Service, based on the Rates and any of the supplementary charges, such as cancellation charges, waiting charges and cleaning and/or repair charges, excluding gratuities.
“Rider Group” means a feature that enable the User to share the use of his/her profile with selected members, allowing them to benefit from a common payment method.
“Platform” means the operational platform for the Transportation Service reservation operated by CCMP in order to implement the Application.
“Discounts” means promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or Transportation Services, subject to any additional terms that CCMP establishes on a per promotional code basis;
“Services” means access or use by a User of the Application, Website, content, products, and services made available by CCMP;
“Transportation Services” means services provided by Third Party Drivers to the User through the use of the Services;
“Website” shall mean www.caocao.fr or any other website operated by CCMP as part of the Services;
“Rates” means the price that applies for the Transportation Services, expressly communicated to the User on the Application and/or the Website at the time of the validation of the corresponding order;
“Terms” means the current general terms and conditions of use;
“User” means any person that accesses and/or uses the Transportation Services through the Platform.
These definitions cover both the singular and plural forms of the defined terms.
3. Acknowledgement and acceptance of the Terms
These Terms govern the Services made available by CCMP to the User
The User must read and agree to the Terms prior to accessing and using the Services. Failure to read and accept the Terms will prevent the User to access and use the Services. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter, and expressly replace and supersede any prior agreements concluded between the User and CCMP.
Additional terms – In certain cases, CCMP may apply additional terms, which will be disclosed to the User in the Application and/or Website, in connection with the additional applicable Services. Additional terms shall be deemed a part of the Terms for the purposes of the applicable Services and shall prevail over these Terms in the event of a conflict with respect to the additional applicable Services. The User must read and agree to the additional terms prior to accessing and using the additional applicable Services. Failure to read and accept the additional terms will prevent the User to access and use the additional applicable Services.
Update of the Terms – CCMP may modify these Terms from time to time, and such modified and updated Terms will be published through the Application and communicated to the User. Upon entering into effectiveness of such updated terms, the User must read and agree to the updated version of the Terms before being able to use the Services again. Failure to accept the updated Terms will prevent the User to access and use the Services.
Assignment – The User authorizes CCMP to assign or transfer these Terms in whole or in part to any third-party.
Severability – If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the other provisions of the Terms shall not be affected. Should this event occur, CCMP will replace the contentious provision or part thereof with a legal, valid and enforceable provision and that has, to the greatest extent possible, a similar effect as contentious provision or part thereof.
4． The Services
4.1 Access to the Services
Legal age – To benefit from the Services, the User must create a personal Account. To create such an account and use the Service, the User must be at least 18 years old.
The User must create a password that is secure enough to protect the User’s Account.
Technical availability of the Services – The User can access the Services through the means of a functioning data network and an updated compatible device which allow the running of the Application and/or the functioning of the Website.
4.2 Use of the Services
Booking – The User places a booking for Transportation Services on the Application or the Website, choosing a place of departure, a place of arrival and the time to leave. CCMP will deliver this information as an order to Third Party Drivers, then Third Party Drivers get the ride and begin to serve. Failure to provide this information will result in the booking not being processed.
Upon validation of the booking, the User must present him/herself at the place of departure.
Obligations of the User – The User shall use the Services in compliance with any applicable laws and is solely responsible for its use of the Services in any way that is contrary to these laws. In particular, the User shall behave in a responsible and civil manner when using the Services and should not hinder the performance of the Services and the associated Transportation Services.
The transfer of the User’s personal Account to any third-party is forbidden.
Without prejudice to the Rider Group feature, the User shall not give access, and permit the use of, its personal account to third parties.
Under certain circumstances, the User may be required to provide identification before accessing or using the Services. Failure to do so may prevent the User to access and use the Services. The Services are provided solely for the personal and non-commercial use of the User (as a Consumer or for the purpose of his/her professional activities). The User acknowledges that CCMP does not provide the Transportation Services as a transportation carrier and that all such Transportation Services are provided by Third Party Drivers who are not employed by CCMP.
Feedback, comments and ratings – The User can rate and provide feedback or comment on the Third-Party Driver once the Transportation Service is completed, as the Third Party Driver can rate the User.
In case of a grade lower than 3/5, a feedback explaining the grade given to the Third Party Driver will be obligatory.
The User declares to be fully and solely liable for all his/her feedbacks or comments (“Comments”) and promises not to use any inappropriate, disrespectful or abusive language nor to submit comments that are irrelevant to the Services.
Under no circumstances will CCMP be considered as a publisher or editor of User’s Comments and will not assume any responsibility for verifying the authenticity or the intellectual property of the content. The User is solely responsible for the consequences of the use or publication of these comments and shall hold CCMP harmless from any claim resulting from such use or publication.
Discount: At its own discretion, CCMP can create promotion codes to the benefit of the User or to any other User, subject to its lawful use for the intended audience and purpose, and notably its non-disclosure to any third-party except as expressly permitted by CCMP. If CCMP finds that the User has used the promotion codes fraudulently, illegally or in violation of the Terms or of the specific terms, CCMP may withhold or deduct, in whole or in part, any of the credits, features or other benefit obtained by the use of the promotion code.
CCMP reserves its right to deactivate the promotion code at any time for any reason without liability to CCMP.
The promotion codes are applicable to payments made by credit/debit card only and may have a limited duration, leading to their expiration regardless of whether they have been used by the User. In any event, the promotion codes are subject to CCMP specific terms which the User must read and agree to beforehand.
Discounts can be offered to certain users only and not to the User, which may result in a different rate for the same or similar Transportation Services.
Suspension and Termination of the Service: There is no fixed termination date for this Terms. The User is free to stop using the Application, the Website and/or the Services at any time.
In case of the violation of the Terms by either party, the other party is entitled to terminate these Terms or any Services. The termination of the Terms by either party does not relieve the User from paying the Transportation Services costs incurred before such a termination takes effect.
Any fraudulent use of the Services and/or of the Account by the User, or failure to charge the User because of the payment method registered, gives CCMP the right to stop offering, suspend or deny access to the Services or any portion thereof.
5. Intellectual Property
CCMP and CCMP’s licensors retains full ownership on the Services (including IP rights). The User is not entitled to use or reference in any way whatsoever CCMP’s or CCMP’s licensors company names, trademarks and logo or products and services.
CCMP grants the User with a limited, non-exclusive and non-transferable license provided that the latter complies with these Terms. This license allows the User to access and use CCMP’s Application and Website (including content, information and related material) on a personal device for the only purpose of the use of the Services as CCMP’s User (excluding any commercial purpose).
As part of the access and use of the Application and the Website, the User is not entitled to use or modify any CCMP’s copyright, trademark or any other notices nor is entitled to represent, reproduce, sub-license, create derivative works, decompile, reverse engineer or more generally use in any other way the Services except as expressly allowed by applicable law and in the limited license granted by CCMP.
5.2 Third party’s content
CCMP is only liable and responsible for its own Services in accordance with these Terms. CCMP would not, in any way whatsoever, be held liable for third party’s content (including marketing and advertising material) or products and services provided on the Application or the Website. These third party’s content or products and services are subject to separate terms and conditions that the Users should be aware of their own fact.
5.3 User Content.
Under certain circumstances, CCMP may, at its sole discretion, authorize the Users to publish or share some content to other CCMP’s Users through the Services (“User Content”).
The User retain full ownership on its own content(s). The User grants CCMP, as User content is published through the Services, a worldwide, transferable, royalty-free license, with the right to use, copy, distribute, publicly display, publicly perform, and otherwise share in any manner, in all formats and material supports known or unknown to date, for the duration of the protection granted to such Users contents.
The User declares to be the exclusive owner of the rights granted to CCMP or to have obtained the necessary rights and authorizations to grant such a license. The User warrants that he/she does not infringe, misappropriate or violate any rights held by third parties over such content. In any event, CCMP is entitled to remove any User content that would be considered as offensive or unlawful.
Under no circumstances will CCMP assume any responsibility for verifying the authenticity of the User Content, so as to assume its consequences that may incur.
6. Data Protection
7. Payment: Charges and Rates
7.1 Service Charges
CCMP provides the access to the Application and/or Website to the User free of charge.
7.2 Transportation Service Charges
The Transportation Services booked using the Application and/or the Website will be subject to a Charge. The User, by confirming the booking of the Transportation Services, accepts to pay the applicable Charges, in accordance with these Terms. The applicable Charges correspond to the amount, in Euros, displayed in the application/website when the User places an order, all taxes included.
7.3 Cancellation Charges
Consumer’s right of withdrawal
The Customer’s right of withdrawal is not applicable to the Service insofar as the provision of the services is fully performed before the end of the withdrawal period (14 days from the conclusion of the contract), and that performance begins after prior express agreement of the Customer and express waiver of his/her right of withdrawal, in accordance with the provisions of Article L. 221-28 of the Consumer Code.
Hence, considering the nature of the Transportation Services, the User hereby expressly waives, as a Consumer, his/her legal right of withdrawal from the Transportation Services once its performance has begun.
If the User does not show up at the agreed place and time of departure, the Third-Party Driver can cancel the User’s trip with no liability for any cost association with the cancellation and will charge the User a Cancellation Charge.
The Cancellation Charges details are as follow (important: the cancellation charges shall be different with different cities, vehicle models and service types) :
i. Real-time order: if the Third Party Driver accepts the order request for 6 minutes and above, but the User cancels the order, the User shall be charged for cancellation charge (at the minimum charge of €9.5 subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order);
ii. Reservation Order: if the Third Party Driver accepts the order request for 6 minutes and above and within 30 minutes before the pickup, but the User cancels the order, the User shall be charged for cancellation (at the minimum charge of €20 subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order);
iii. If the Third-Party Driver fails to show up at the pickup point within the specified time (i.e. late arrival, detour and other objective factors), the User will not be charged for cancellation.
a. The cancellation charge cannot be paid in cash but can be invoiced;
b. The User cannot request a ride when there is an outstanding cancellation charge, which is equivalent to an unpaid ride;
c.The User cannot pay the cancellation fee with coupons;
d. A cancellation charge is due to User reasons by default.
And in the following circumstances, the Third Party Drivers can cancel with no liability (unless otherwise agreed though the App or Website in relation to your specific order):
A. Real-time Order: if the Third Party Driver arrives at the pickup point for 6 minutes and above counting from the arrival time of the Third Party Driver, he/she can cancel the trip with no liability;
B. Reservation Order: if the Third Party Driver arrives at the pickup point for 15 minutes and above counting from the time of pickup or the arrival time of the Third Party Driver if later, he/she can cancel the trip with no liability;
The NO-liability cancellation regulation shall be different with different cities, vehicle models and service types.
7.4 Waiting Charges (important: the waiting charges shall be different with different cities, vehicle models and service types) :
Waiting charges may be due in case the User makes the Third Party Driver wait longer than the free waiting period indicated in the Application and/or the Website.
The cost details are as follow:
7.4.1 Real-time order: after the Third Party Driver waits for 6 minutes, the waiting charges shall be taken for 0.6€ per minute, and the maximum charge is up to 9.5€ which is the minimum consumption fee of real-time orders, subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order). The waiting time shall be counted until the User arrives at the pick-up point.
7.4.2 Reservation order: after the Third Party Driver waits for 15 minutes, the waiting charges shall be taken for 0.6€ per minute, and the maximum charge is up to 20€ which is the minimum consumption fee of reservation order subject to specific conditions displayed on and agreed through the App or Website in relation to your specific Order). The waiting time shall be counted from the appointed vehicle using time until the User arrives at the pick-up point.
7.4.3 Only in the case that the User lets the Third Party Driver wait longer than the free waiting period, the waiting charge will be charged. And if the User cancels the order after letting the Third Party Driver wait longer than the free waiting period, only cancellation charge will be taken.
7.5 Cleaning and repair Charges
Any damage or dirtiness caused by the User to the Third Party Driver during the performance of the Transportation Service will result in the charging of a repair and/or cleaning Charge, which amount shall correspond to the costs incurred by the Third Party Driver to repair and/or clean its property, in the name and on behalf of the Third-Party Driver. The repair and/or cleaning fee is a Charge that is added to the Transportation Service Charge.
7.6 Payment of the Charges
Payment to Third Party Drivers for the Transportation Services booked through the Application and/or the Website, and any other Charges as defined at Article 7.3, 7.4 and 7.5, will occur through a third party as the payment service provider who process and give assistance in payment.
The Charges are immediately due by the User and are paid via the main payment method registered in the Account. Should the main payment method fail to pay the Transportation Service, CCMP may use the other payment methods registered and supported by the Platform, if any. The User is emailed a receipt by CCMP to the email address registered in the Account.
By confirming an order, the User irrevocably gives :
- his agreement to pay the order price calculated in accordance with this paragraph 7;
- a pre-authorization of payment, up to 120% of the estimated price (before reductions or promotions).
The User can submit a request for lowering the Charges for a specific designated Transportation Service provided to him/her, at the time the user receives such a Transportation Service. CCMP will respond accordingly to any request from a Third Party Driver to modify the Charges for a specific Transportation Service.
The Rates for the Transportation Services is available on the Application and/or the Website, subject to modification or update from time to time. Based on your order and the Transportation Service and/or location, the Application and/or the Website will display the Rates or an estimate for the Transportation Services.
In addition to the fixed amounts hereof, the Rates may consider the distance, and duration of the Transportation Service, as well as any peak pricing or changes agreed on with the Third Party Driver. In particular, the User takes note that the Rates are likely to substantially increase in peak hours in certain geographical areas. Such increase may result in a modification of the Charges of any booking that is modified by the User during the course of the Transportation Service.
Tipping is purely optional and is at the sole discretion of the User.
User will have the possibility to tip the Third Party Driver either through the Platform or by payment directly to the him/her.
7.9 Rider Group
7.9.1 A User (Rider Group Administrator) can create a Rider Group by inviting one or more Users already registered on the Platform (Rider Group Members) to participate in this group.
A Rider Group can have up to 8 members, Administrator included.
One User can only be the Administrator of one Rider Group at a time.
7.9.2 The invited User will only become the Rider Group Member after acceptance of the invitation made by the Rider Group Administrator via the Platform. A Member is free to withdraw from the Group at any time.
Each Rider Group Member has the possibility to order VTC transport services via the Platform, the price of which will be paid by the Rider Group Administrator, by debiting the payment card held by the latter and registered with the Platform.
The Rider Group Member must strictly comply with the other terms and conditions of use of the Platform.
7.9.3 The Rider Group Administrator irrevocably authorizes payment for all services ordered by Rider Group Members and all expenses that may be incurred under the present Terms and Conditions, without the need for his/her prior authorization for payment. However, the Rider Group Administrator will be notified in a timely manner by mobile text message of any transaction of Rider Group Member that incurs a service fee or charge payable by the Rider Group Administrator.
All receipts or invoices for the rides ordered by Users as Rider Group Members are automatically sent to the e-mail address of the Rider Group Administrator registered with the Platform.
The Rider Group Administrator has the option to exclude a Rider Group Member at his or her discretion or to completely dissolve the Group (unless there is still a relevant ride to accomplish).
No limitations and disclaimer can limit the liability of CCMP or alter the User’s rights as a Consumer that cannot be excluded under French law.
8.1 Liability of CCMP
The User acknowledges that CCMP’s Application and Website are purely technical intermediary platforms and that CCMP does not provide the Transportation Services offered by Third Party Drivers through such platforms.
CCMP disclaims all representations and warranties, express or implied not expressly set out in these Terms. In particular, CCMP does not guarantee the availability of vehicles in the geographic area where the User is located. In addition, CCMP makes no guarantee that the Services will be uninterrupted or error-free. The Service may be interrupted by CCMP for technical reasons that are inherent to its functioning. The Service may also be interrupted as a result of a network or the User’s device failure.
As a booking platform (“centrale de reservation”), and pursuant to applicable law, CCMP is jointly liable with the Third Party Driver of Transportation Services provided in France to the User as a result of a booking made through the Services.
CCMP is not liable in case of non-performance or improper performance of Transportation Services when such non-performance or improper performance is attributable to the User, or where such non-performance or improper performance results from a force majeure event.
9. Dispute resolution
9.1 Mediation available to Consumers
As a Consumer, the User may, in accordance with the provisions of articles L.616-1 and R.616-1 of the French Consumer Code, use a mediation service free of charge in the event of a complaint relating to the Terms and/or the Services offered by CCMP in France and not resolved amicably by CCMP Customer Service after prior written request from the User.
Consumers should contact the National Association of Mediators (ANM) either by posting a mail to 62 rue Tiquetonne 75002 Paris, France or by completing an e-mail online with a referral form at https://www.anm-conso.com.
Consumers also have the possibility to use the online dispute resolution, platform which can be found here, pursuant to Regulation (EU) No 524/2013 of 21 May 2013.
In order to communicate with CCMP on this subject, the User can write to CCMP at the following email address: firstname.lastname@example.org
9.2 Applicable law and competent jurisdiction
Failing an amicable settlement of any dispute related to the use of the validity, interpretation, performance, termination or cessation of the Services, and any matter incidental hereto, the dispute will be resolved before the competent French jurisdictions.
The Terms and the Services associated with are governed by French law.
10. Notice and contact
CCMP may give a notice to the User by one of the following means, where appropriate:
- By email, to the User’s registered e-mail address.
- By post, to the User’s registered postal address
- By a general notice, directly on the Application
The User can send a specific notice to CCMP, by means of a written communication to CCMP’s address at 102 Rue Victor Hugo, 92300 Levallois-Perret, France.
Generally, the User can also contact CCMP by one of the following means:
- Telephone: 0033185010860
- Email: email@example.com