Blacklane Chauffeur Privacy Policy

We are glad that you are taking the time to read the Blacklane Chauffeur Privacy Policy (“CPP”) The CPP describes the personal data we collect, how it’s used and shared, and your choices regarding this data between you and Blacklane GmbH, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Blacklane,” “we,” “us” or “our”). Blacklane Chauffeur application and platform, as well as related websites, technology, (collectively, the “BL Chauffeur Tools”).

1. Scope

We provide an intermediary platform for premium professional driver services (the “Services”) provided by independent local service providers (“Local Service Providers”, or "LSP"). We do not provide, own or control any of the Services offered by Local Service Providers to third parties but rather arrange for the procurement by persons (“Guests”) of an entitlement to such Services, which are then provided to Guests directly by the Local Service Providers.

In order to facilitate the Services provided by Local Service Providers, we provide them and their professional drivers (“Chauffeurs” or “you”) with use of the BL Chauffeur Tools. Any such Services performed by you are conducted pursuant to your relationship, contractual or otherwise, with a Local Service Provider. We do not employ any Chauffeur, including you.

For the use of Blacklane’s website and other Blacklane services Blacklane’s general Privacy Policy and Cookie Policy apply: https://www.blacklane.com/en/privacy-policy

2. Name and Contact Information of the Contoller

The controller for the processing of data within the meaning of the General Data Protection Regulation (GDPR) is:

Blacklane GmbH Feurigstrasse 59 10827 Berlin Germany E-Mail: dataprotectioninfo@blacklane.com

You can find further information on Blacklane in the Legal Notice: https://www.blacklane.com/en/imprint

3. Contact Informtaion for the Data Protection Officer

Our data protection officer is: Bernhard Kloos, HK2 Comtection GmbH, Hausvogteiplatz 11 A, 10117 Berlin You can contact our data protection officer confidentially by mail to the above-mentioned address. Alternatively, you can contact our data protection officer and our data protection crew by e-mail to: dataprotection@blacklane.com

4. Data Security

(TLS encryption). You can identify an encrypted connection for example by the lock symbol in the address line of your browser. If you communicate with us by e-mail, access by third parties cannot be ruled out. In the case of confidential information, Blacklane therefore recommends using ordinary mail or encrypted e-mail communication (PGP). Please let us know if you would like to correspond with us by e-mail in an encrypted form so that we can give you information on the relevant addresses and public keys.

5. Application of partners

Personal data provided will be processed as part of the application the Local Service Provider makes on your behalf in order to determine your suitability for chauffeur services for Blacklane’s end customers. This includes information about whether a partner or chauffeur is appropriately qualified, licensed, experienced, sufficiently cleared by criminal background checks (if required or permitted by local law), capable of performing the chauffeur services and whether he fully complies with any and all guidelines or other requirements of Blacklane.

Your data is necessary for the conclusion of a partner or transportation contract, otherwise we cannot process the application or offer you requests for transportation services.

Application data is usually not forwarded to external recipients, unless it is a Blacklane contractor (see Art. 28 GDPR) or otherwise legally permitted. If your application is successful, your application data will be used for the contractual relationship with Blacklane and the provision of professional chauffeur services for Blacklane’s end customers. Otherwise, your application data will generally be deleted after 6 months, unless there is an additional need or reason to store the data longer. The legal basis for our processing of application data is Article 6 Paragraph 1 lit b GDPR (contract initiation). If you give us your consent to transmit personal data beyond the required extent, the legal basis is Art. 6 Paragraph 1 lit. a GDPR (consent).

6. Chauffeur data

Blacklane processes partner data that includes chauffeur application data and partner or chauffeur data arising from the contractional relationship or the provision of Blacklane chauffeur services (hereinafter “chauffeur data”). Chauffeur data will be used for Blacklane services, i.e. for the fulfilment of the agreement with a Local Service Provider, for transportation requests, transportation contracts or for accounting and payment purposes. This can include data like: Full name, gender, birth date, age, licenses, place of birth, physical address, email, telephone number, social security number, tax ID, pay-out preference or bank account, user ID, trainings and webinars, location data, ride status, tour milestones, vehicle number plate, vehicle details, customer orders, customer ratings, photographs, audio files, incident information, criminal background checks, compliance with Blacklane guidelines company data. Blacklane provides chauffeur data to third parties, if necessary, in particular to end customers of Blacklane so that the end customer can be transported in accordance with their booking and the transport can be processed, accounted and paid for. Chauffeur data can in such cases be transmitted in a third-party country outside of the European Union or the European Economic Area in which the end customer is located or planning to use Blacklane services. Blacklane cannot generally provide further information on the data protection level in the third- party country. An adequacy decision (see Art. 45 Paragraph 3 GDPR) or suitable guarantees (see Art. 46 GDPR) are not required for the transmission since the transmission is required for the performance of a contract between the data subject and the controller or to carry out pre-contractual measures upon request from the data subject (Art. 49 Paragraph 1 lit b GDPR) or because the transmission is required to enter into or to perform a contract concluded in the interest of the data subject by the controller with another natural or legal person (Art. 49 Paragraph 1 lit c GDPR). The legal basis for the processing of chauffeur data is Art. 6 Paragraph 1 lit b GDPR (contract performance). If the chauffeur provides additional, voluntary information, the legal basis is chauffeurs’ consent according to Art. 6 Paragraph 1 lit a GDPR and our legitimate interest according to Art. 6 Paragraph 1 lit f GDPR. In addition, Blacklane processes chauffeur data in order to analyze, personalize and improve the use of Blacklane services (e.g. ride reviews, to advertise Blacklane services, to detect, limit and eliminate technical or process- related disruptions and problems, and to prevent illegal use of Blacklane services (e.g. fraudulent booking, cyberattacks). For such purposes chauffeur data usually is not forwarded to recipients, unless it is to the chauffeurs’ employer or principal, a Blacklane contractor (see Art. 28 GDPR) or if otherwise legally permitted (e.g. in order to assert or reject claims). The legal basis for the processing of chauffeur data is, in this respect, is Art. 6 Paragraph 1 lit f GDPR (Blacklane’s legitimate interest). We use Onfido Studio to verify identities through document checks, and fraud detection. Onfido Studio helps ensure the security and integrity of our platform by verifying the authenticity of documents and identities. This data is used to prevent fraudulent activity and ensure compliance with regulatory requirements. The legal basis for this processing is your consent 6(1)(a) of the General Data Protection Regulation (GDPR). For more information on Onfido’s privacy practices, please refer to Onfido’s Privacy Policy https://onfido.com/privacy/. You can also have more information about the use of Onfido in the Onfido FAQ. If you decide to not verify you identity using this system, or you decide to revoke your consent, you can do this at any time by sending an email to: dataprotection@blacklane.com

7. Data Processing and Automated Decision-Making

Data generated or used while utilising the BL Chauffeur Tools, i.e. all chauffeur tools data or ride related data (e.g. date, time, pickup, drop-off, stopover, pax number, vehicle category/class, pick-up sign information and logo, end customer name, end customer mobile number, flight or train, reference number, booking comments, special needs, cancellations, changes to bookings, no shows and delays), are otherwise processed like chauffeur data for the purposes and as described in Section 6 above. Blacklane’s decision on an offer by a partner or chauffeur can be solely based on automated processing. Such an automatic decision is required to conclude the contract (Art. 22 Paragraph 2 lit a GDPR).The data subject has the option of contacting us using the mentioned contact data (see section 2) in order to have an explanation or an intervention by a person or to express their point of view.

8. GPS tracking, location data

With chauffeurs’ consent, Blacklane processes and uses GPS tracking or location data (i.e. longitude, latitude, speed, accuracy). Chauffeurs must first agree to this on their mobile device using the confirmation field or the system settings in Android or iOS ("Allow"). Chauffeurs’ position is then determined using the GPS data from the Blacklane Chauffeur App (hereinafter “location data”) as soon as the chauffeur starts a journey (i.e. as soon as he presses the button "On the way to Pick up Location" in the Blacklane Chauffeur App) and ends once the chauffeur presses the button "Finish Ride" in the Blacklane Chauffeur App. In case the "Finish Ride" button is not pressed, tracking of location data stops automatically 120 minutes after the estimated time of arrival at the drop off point. Purposes of processing are the execution of the contractual relationship (planning, disposition, arrangement, execution, accounting for and payment of transportation), to monitor the performance of the ride, to increase the quality of rides, to support Blacklane, the chauffeur and the customer in case of questions or problems, the design and improvement of Blacklane services, the detection, limitation and elimination of faults, errors or problems of a technical or process-related nature and the prevention or detection of illegal use (otherwise see Section 6 above). Location data may be passed on to the current end customer of the chauffeur in order to facilitate and enhance the meeting with the chauffeur or for accounting and payment purposes. Otherwise, location data will not be transmitted to third parties, unless it is a Blacklane contractor (see Art. 28 GDPR) or otherwise legally permitted. Location data is processed safely and stored on encrypted media. Location data is not permanently linked to the chauffeurs’ profile but stored separately. It can only be accessed according to a separate authorization concept, which allows only a limited group of people access for a limited time. Evaluations are otherwise carried out pseudo- or anonymised. Profiling (Art. 4 Paragraph 4 GDPR) using location data does not take place. Location data is not stored for more than 2 years and then deleted or anonymised. We use Datadog Real User Monitoring (RUM) to monitor the performance, stability, and functionality of the BL Tools. Datadog RUM collects technical information such as page load times, interactions, and errors to help us identify and resolve issues, improve the user experience, and optimize our services. The legal basis for this data processing is our legitimate interest under Article 6(1)(f) of the General Data Protection Regulation (GDPR). This processing is necessary for ensuring the proper functioning and continuous improvement of our digital services. All data collected through Datadog RUM is pseudonymized and does not include any personally identifiable information. For more information on Datadog’s privacy practices, please refer to Datadog’s Privacy Policy: https://www.datadoghq.com/legal/privacy/

The legal bases of the processing of location data by Blacklane are Art. 6 Paragraph 1 lit a GDPR (consent) and Art. 6 Paragraph 1 lit b GDPR (contract performance and contract initiation). The described tracking of location data is necessary, so the chauffeur can use a navigation app at the same time whilst using the GPS tracking on the Blacklane Chauffeur App. Rides can only be performed when GPS tracking is active and switched on for the Blacklane Chauffeur App. The chauffeur can withdraw his consent to GPS tracking at any time by changing the device settings for the Blacklane Chauffeur App. Such withdrawal of consent will not affect the processing of chauffeur’s location data tracked before driver’s withdrawal. The chauffeur can also withdraw his consent to further use of his location data at any time by sending us a message to that effect (communication channels see Sections 2 and 3 above). Such withdrawal of consent will not affect the processing of chauffeur’s location data before driver’s withdrawal.

9. End Customer Rating

Blacklane offers Guests the possibility to comment and rate a ride e.g. in the Blacklane App. End customers can rate each trip between one (1) and five (5) stars, as the case may be separately for individual aspects of the trip (e.g. chauffeur, vehicle), and leave a comment. Comments and ratings are stored in the chauffeurs’ profile and can be communicated to the chauffeur and the relevant driving service partner in anonymized form. End customers can only see their own comments and ratings. The purposes of data processing within the rating system is the calculation of fees and the settlement of driving service partners’ accounts, the display and the selection of chauffeurs, the analysis and improvement of Blacklane services, i.e. to monitor the performance of the rides and to increase the quality of rides, and the prevention or detection of illegal use (otherwise see Section 6 above). Profiling (Art. 4 Paragraph 4 GDPR) or an automated decision-making based on rating data does not take place.

The legal basis for the processing of end customer ratings is Art. 6 Paragraph 1 lit b GDPR (contract performance), especially for the calculation of bonuses. The legal basis for the processing of rating data is also Art. 6 Paragraph 1 lit. f (Blacklane’s legitimate interest). It is Blacklane’s legitimate interest to provide the end customer with a possibility to leave feedback and to use such feedback to improve the Blacklane services. Such evaluation systems are common for chauffeurs and therefore to be expected. Chauffeurs have the right to lodge an objection to a rating at any time (see Sections 12.3 and 12.5 below).

10. Communication with Blacklane

If you contact Blacklane (e.g. by phone call, video conference, contact form, chat, messenger, text message, e-mail or via the Blacklane Chauffeur App), the data provided by you will be processed to handle your matter and to answer your question. The legal bases are Art. 6 Paragraph 1 lit a GDPR (consent) and Art. 6 Paragraph 1 lit b GDPR (contract performance and contract initiation). Blacklane will also use external services and tools to communicate with chauffeurs.

Blacklane will process personal data from the communication, as far as possible in a pseudonymized or anonymized form, to analyse usage, design and improve Blacklane services, to detect and remedy interruptions and technical or process-related problems and to prevent illegal usage of Blacklane services (e.g. fraudulent booking, cyberattacks). The legal basis for the processing is Art. 6 Paragraph 1 lit f GDPR (Blacklane’s legitimate interest).

11. Rights of Data Subjects

If your personal data is processed by Blacklane, you are the data subject (Art. 4 No. 1 GDPR). As the data subject, you have the following rights in relation to the personal data affecting you:

11. 1 Right to Information (Art. 15 GDPR)

The data subject has the right to obtain a confirmation from the controller as to whether personal data is processed; if this is the case, they have a right of information about this personal data and further information on the data processing.

11.2 Right to Rectification (Art 16. GDPR)

The data subject has the right to obtain from the controller without undue delay the rectification or completion of inaccurate personal data.

11.3 Right to erasure (Art. 17 GDPR)

The data subject has the right to demand from the controller the erasure of personal data without undue delay and the controller is obliged to erase personal data without undue delay, provided the data is no longer required, the data subject revokes their consent or lodges an objection to the processing, the personal data was processed unlawfully or there is otherwise a ground for erasure within the meaning of Art. 17 GDPR and the controller does not have the right to object to erasure.

11.4 Right to the restriction of data processing (Art. 18 GDPR)

The data subject has the right to demand from the controller the restriction of processing when one of the Insofar as the data processing is based on a legitimate interest from our side (Art. 6 Paragraph 1 lit. f GDPR) or is direct advertising, the data subject has at any time the right to lodge an objection to the processing of personal data affecting them for the reasons mentioned in Art. 21 GDPR. The controller will then no longer process the personal data, unless they can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing serves for the establishment, exercise or defense of legal claims.

11.5 Right to data portability (Art. 20 GDPR)

The data subject has the right within the meaning of Art. 20 GDPR to receive the personal data, which they have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided.

11.6 Right to lodge a complaint (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority according to Art. 77 GDPR.

12. Data Erasure and storage period

We will delete your personal data as soon as the legal basis for its processing no longer applies. In some cases, however, other legal bases can also apply, for example if processing is necessary for compliance with a legal obligation of Blacklane (e.g. in accordance with commercial or tax law).

13. Amendment or Update of this Chauffeur Privacy Policy

We may occasionally update this Policy. If we make significant changes, we will notify users in advance of the changes through the BL Tools or through other means, such as email. We encourage to periodically review this notice for the latest information on our privacy practices.

Use of our services after an update constitutes consent to the updated notice to the extent permitted by law. Blacklane may update and amend this Driver Privacy Policy at any time. Chauffeurs will be informed and may be requested to provide consent again.

Last updated: October 10, 2024.