1    Overview

1.1    Responsible persons

• Bliq GmbH is responsible for the services and the Bliq Driver App, in particular for data in con-
  nection with registration and use.
• As joint controllers with Bliq, the driving service providers are primarily responsible for the pro-
  cessing of your data if you register with Bliq via them.
• Bliq processes personal data on the instructions and on behalf of you or your transport service
  provider as the controller when you use the Bliq Super App function.

1.2    Purposes of processing and legal bases  

• Bliq automatically processes technical data that is necessary for the provision of Bliq services,
  their protection, functionality, troubleshooting and fraud prevention. Art. 6 para. 1 lit. f GDPR
• Bliq analyzes and processes usage data to improve its functions. § 25 TTDSG, Art. 6 para. 1
  lit. a and f GDPR
• Bliq processes registration data in connection with your registration. Art. 6 para. 1 lit. b and f
  GDPR
• Bliq and transport service providers process order processing data including location data to
  arrange transportation services between you and passengers. Art. 6 para. 1 lit. b and f GDPR.
• Bliq processes communication data when you communicate with passengers via the Bliq app. Art. 6 para. 1 lit. b and f GDPR
• Bliq processes personal data for payment processing. Art. 6 para. 1 lit. b and f GDPR
• Bliq processes ratings from passengers (stars). Art. 6 para. 1 lit. f GDPR
• Bliq processes personal data for other purposes, e.g. to record accidents and for legal verifica-
  tion purposes Art. 6 para. 1 lit. c, e and f GDPR

1.3    Receiver

• Data is transmitted to passengers, transport service providers and payment service providers as part of the intermediary services.
• Data is passed on to technical service providers who process it on the instructions and on behalf of Bliq.
• Data may also be transferred to third parties, including authorities.
• Data will only be transferred to countries outside the European Economic Area (EEA) if adequate protection is ensured.

1.4    Storage duration

• Your data will be stored as long as it is required for the fulfillment of the contract or statutory retention obligations.

1.5    Your rights

• You have various rights in relation to your data, including the right to information, rectification, erasure, restriction of processing and data portability.
• You have the right to object to the processing of your data and to revoke any consent you have given.
• You can lodge a complaint with the supervisory authority in the event of data protection violations.

2    Controller(s) responsible for the processing

2.1    Bliq as the responsible party

The controller responsible for the website and provision of the Bliq Driver App ("Services") is
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‍Bliq GmbH (“we/us” or “Bliq”)
Mariendorfer Damm 1
12099 Berlin, Germany

‍You can contact Bliq's data protection officer at: dpo@bliq.app

2.2   Transport companies jointly reponsible for the processing

If you register with Bliq via a transport company ("transport service provider") that has concluded a framework contract with Bliq, Bliq and the transport service provider process your data in connection with the provision of transport services between passengers and you on Bliq's own services as joint controllers.
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As joint controllers, Bliq has concluded an agreement with the transport service providers to protect your rights as a data subject, which regulates in detail which data protection obligations apply to which of the controllers. Within the framework of joint controllership, the transport service provider is responsible as your employer or client for the processing of your personal data in connection with your use of Bliq services. This also includes providing information about the processing of your personal data and asserting your rights as a data subject in relation to your data.
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Irrespective of this, you can also contact Bliq at any time with any questions regarding data protection and the assertion of your rights as a data subject. When responding to your inquiries, Bliq may cooperate with the transport service provider for which you work and exchange information about your inquiry and the stored data.

2.3    You as the controller responsible for the processing

You may also be the data controller yourself if you use the Bliq Super App function and instruct Bliq to process further personal data in connection with your account with third-party services. In this case, you as the driver are responsible for the processing of personal data, unless the data relates to you personally. For more details, see the Terms

3    Processing of personal data by Bliq as (joint) controller - Purposes & legal bases

3.1    Data that is automatically processed when using the Bliq driver app

When you use our Bliq Driver App, Bliq automatically processes technical data, including personal data, e.g.

• the date and time of the visit and the duration of use of the services;
• the IP address of your device;
• the referral URL (the website from which you may have been redirected);
• the subpages of the website visited; and
• further information about your device (device type, browser type and version)

This so-called "usage data" is processed to enable you to use the services and to ensure the functionality of the services. The data is not used to identify you as a person. In addition, Bliq processes pseudonymous usage data to analyse the performance of the Services, to continuously improve the Services and to correct errors or to personalize the content of the Services for you. Finally, Bliq also processes the usage data to ensure IT security and the operation of the systems and to prevent or detect misuse, in particular fraud.
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The legal basis for the processing of this data is Art. 6 para. 1 lit. f GDPR , the protection and functionality of the services are legitimate interests in this sense.

Tracking: Bliq also uses third-party software development kits (SDK) in the app to process user data. You can find more information down below.

3.2    Data that Bliq processes in connection with your registration.

Bliq can only be used after you have registered. As part of the registration process, Bliq receives the following information either directly from you or from your employer or client:

• Contact information (name, date of birth, address, telephone number, e-mail address)
• Business data (in particular business registration, fleet name, proof of license, driver's license)
• Payment information (such as tax number, IBAN)
• Other vehicle data (such as license plate number, vehicle type)

Bliq processes this so-called "registration data" in connection with your user relationship with Bliq and on the basis of Bliq's legitimate interests, in particular to enable the use of the services and to ensure their functionality, to check for plausibility, insofar as this is necessary to fulfill contractual or legal obligations, to ensure system security, for quality assurance, to prevent misuse, to assert or defend against legal claims or to protect the legitimate interests of third parties, in particular the legitimate interests of users or in the public interest. The legal bases are either Art. 6 para. 1 lit. b or lit. f GDPR as well as Art. 6 para. 1 lit. c. and e. GDPR.

3.3    Data that Bliq processes as part of the intermediary services

For the arrangement of transportation services between you and passengers on Bliq's own services, Bliq processes personal data, so-called "order processing data" from you, including

• Order information (such as start and destination; costs and billing information; status acceptance or rejection of transport orders; confirmation of arrival at the pick-up location; start and end as well as any changes to the order; passenger ratings; query of reservation orders, acceptance / rejection / execution)
• Driver information (your name or driver ID; device information; location information; profile information and usage data; communication with passengers (e.g. chat, call via anonymized phone number, in-app calls)
• Further information during the journey (duration of the journey; distance of the journey; start and end point of the journey; reservation and vehicle status; communication between you and the passenger; billing data; ratings; query of reservation requests, acceptance / rejection / execution; destination filter function (selection of a destination for geographically targeted journey requests); stop requests function (marking the stop of further offer requests during a journey);

This information is necessary for the execution of the respective mediation orders within the meaning of Art. 6 para. 1 lit. b GDPR for the purpose of mediating transportation services between passengers and drivers on Bliq's own services, for the identification, administration and verification of the relevant transactions and for quality assurance as well as for payment processing and invoicing. Location data is processed exclusively for the purpose of navigating passenger pick-ups and arrivals, calculating the estimated time of arrival and tracking the progress of journeys; further processing for other purposes only takes place if this is necessary to fulfill legal and other obligations or interests, e.g. in the event of incidents and accidents.
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If you register with Bliq via a driving service provider, this provider is primarily responsible for the processing of your personal data. Bliq processes your personal data on the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR, in particular for the purpose of managing and verifying transactions, quality assurance, payment processing and invoicing.

As part of the shared responsibility, Bliq may transmit further data to your client or employer and provide the following dashboard data.

• Dashboard data (trip data (as above driver), reservation and vehicle status; communication between driver and passenger; invoice data; ratings; query of reservation orders, acceptance / rejection / execution; further parameters and evaluations according to the settings of the transport service provider)

The transfer is based on legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR, insofar as this is necessary to fulfill the obligations arising from the brokerage framework agreement with the transport service providers.

3.4    Data that Bliq processes in connection with passenger reviews

Passengers have the opportunity to give ratings (from 1-5 stars) for the journey, the driver and the vehicle. Ratings are aggregated and displayed as an average in the app. Bliq processes your personal data on the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR, in particular for the purpose of quality assurance.

3.5    Data processing in connection with the Bliq Super App function

Bliq processes order processing data in the context of the use of the Bliq Super App function, which you or the driving service provider as well as the respective third-party provider provide in this context, exclusively on the instructions and on behalf of the drivers or driving service providers as data controllers. For further information on the processing of your personal data by the respective third-party providers, please refer to their respective data protection information.

3.6    Data processing for other purposes

In addition, Bliq may process your data for other purposes. This includes, for example, the transfer of your personal data to third parties if Bliq is legally obliged to do so, for accident recording and for the assertion of legal claims. The legal basis in these cases is either a legal obligation (Art. 6 para. 1 lit. c GDPR) or our legitimate interests (Art. 6 para. 1 lit. f GDPR).

4    Receiver

4.1    Data transmission as part of the intermediary services

As part of the provision of transportation services, Bliq transmits personal data to the passengers and, if necessary, makes this data available to your employer.

4.2    Payment processing

For the processing of payments by credit or debit card, Bliq uses the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom Bliq passes on the data required for payment processing.You can find more information about Stripe's data protection at https://stripe.com/de/privacy#translation.

4.3    Transfers to service providers

If Bliq uses service providers to process personal data, this is done exclusively on the basis of contracts in which the service providers undertake to comply with strict contractual requirements to protect your data.
The data recipients also include the service providers mentioned in the overview of cookies and analysis tools.

4.4    Data transfers to third parties

Your personal data may be transferred by Bliq to third parties (e.g. to public bodies and institutions such as tax authorities and other third parties such as insurance companies) if Bliq is authorized to do so or if there is a legal obligation to transfer the data.If necessary, it may also be necessary to pass on your data to external consultants, for example to lawyers in the event of legal disputes.

5    Data transfers to third countries outside the EEA

Bliq does not transfer your personal data to countries outside the EEA (so-called "third countries") without taking appropriate protective measures. Nevertheless, third countries do not offer a level of data protection that is identical to that in the EU.

Bliq will only transfer your personal data if

• The Commission has adopted a so-called adequacy decision for the third country or the recipient in that third country;
• guarantees are provided by the recipient in accordance with Art. 46 GDPR for the protection of personal data (including any additional measures required);
• you have expressly consented to the transfer after Bliq has informed you of the risks in accordance with Art. 49 (1) lit. a) GDPR; or
• the transfer is necessary for the fulfillment of contractual obligations between you and us

Guarantees in accordance with Art. 46 GDPR can be so-called standard contractual clauses as well as binding internal data protection regulations, with which the recipients ensure that the data is adequately protected and thus guarantee a level of protection comparable to the GDPR. Bliq will be happy to provide you with further information on request.

6    Storage duration

Bliq stores the personal data processed as part of a registration and login until you or the transport service provider request the deletion of your user account, as well as beyond that, if Bliq needs the data to fulfill contractual obligations to provide evidence or statutory retention obligations or to assert and defend claims. The personal data processed by Bliq for the purpose of arranging a booking will be stored until the expiry of the statutory retention obligations and then automatically deleted, unless Bliq is obliged to store the data for a longer period in accordance with Art. 6 para. 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you consent to further storage in accordance with Art. 6 para. 1 lit. a GDPR, or Bliq has a legitimate interest in individual cases that outweighs your interest in further processing, e.g. because the processing is necessary for the assertion or defense of legal claims.

7    Data security

When you log in, you will receive a confirmation code by SMS to prevent third parties from gaining unauthorized access to your account.

8    Your rights

E-mail or contact for privacy requests: privacy@bliq.ai.
You have the following rights:

• Your right to information and access in accordance with Art. 15 GDPR, in particular you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by Bliq, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details.
• Your right to rectification in accordance with Art. 16 GDPR, e.g. if your data is incomplete or incorrect, you can request Bliq to correct it.
• Your right to erasure pursuant to Art. 17 GDPR if this is not (or no longer) necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.

• Your right to restriction of processing in accordance with Art. 18 GDPR. You can request that your data be blocked, e.g. because you believe that the data is incorrect or the processing is unlawful, but you refuse to delete it because you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR.

• Your right to data portability in accordance with Art. 20 GDPR. You may request that Bliq hand over data that you have provided to us in a structured, commonly used and machine-readable format or transmit it to another controller.

• Finally, you also have the right to lodge a complaint with the competent data protection supervisory authority (Art. 77 GDPR). You can lodge this complaint at your place of residence, at your place of work or at the place of the data protection violation you are complaining about. You can also lodge a complaint with the supervisory authority at our registered offices.

• You can also withdraw your consent at any time. However, this revocation only applies to the future. Any processing that took place before the revocation remains unaffected.
  

If you wish to exercise your rights as a data subject, you can also do so by contacting us at privacy@bliq.ai.

Information about your right to object in accordance with Art. 21 GDPR

In addition to the rights already mentioned, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation, provided that this processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR (data processing on the basis of a balancing of interests). If you file an objection, Bliq will no longer process your personal data unless Bliq can demonstrate circumstances that outweigh your interests, rights and freedoms and therefore justify further processing.
You also have the right to object at any time to the processing of your personal data for the purpose of direct marketing without incurring any costs other than the transmission costs according to the basic tariffs; this also applies to the creation of a user profile (so-called "profiling"), insofar as this is associated with direct marketing. If you object, Bliq will no longer process your personal data in the future.
Please note that you may not be able to use the services or only to a limited extent if you do not provide Bliq with certain data or if you object to the use of this data. The objection can be submitted informally to privacy@bliq.ai.

Version 1.0 10.01.2024

Tracking

Bliq uses software development kits and similar technologies on the services.
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The use of these technologies serves on the one hand to make the use of our offer more pleasant for you, e.g. to recognize that you have already visited individual pages of our services or that you have already logged into your user account or to save your settings. The processing of personal data for these purposes is based on legitimate interests and those of third parties in accordance with Article 6(1)(f) GDPR.The legal basis for obtaining and managing legally required consents is Article 6(1)(c) GDPR.
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Finally, Bliq uses these technologies - subject to your prior consent - to statistically record the use of the services and for the purpose of optimizing the offer and to provide you with advertising on third-party sites.The prerequisite for this is that you have given Bliq your prior consent in accordance with Section 25 TTDSG and Article 6(1)(a) GDPR. You can revoke your consent at any time in your settings with effect for the future.
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If you give your consent in advance, we will

• CleverTap for analysis. The provider is WizRocket, Inc. in SV Road, Gorageon West, Mumbai 400062, India. CleverTap provides key and essential functions for our app, in particular the ability to display content in the app and send push notifications to your device. Clevertap also accesses information stored on your device and stores information on it, in particular any user IDs. We also use the data collected by Clevertap to analyze usage behavior in the app. Clevertap processes data outside the EU, in particular in India. We have therefore concluded suitable guarantees with Clevertap in the form of standard contractual clauses of the European Commission in order to ensure an appropriate level of protection when processing the data.
• Amplitude for analysis. The provider is Amplitude Inc. 631 Howard St. Floor 5, San Francisco, USA. This service enables us to analyze and measure user behavior and various ads in the app. For this purpose, Amplitude also accesses information stored on your end device and stores information on it, in particular any user IDs. Amplitude processes data outside the EU, in particular in the USA. We have therefore concluded suitable guarantees with Amplitude in the form of standard contractual clauses of the European Commission in order to ensure an appropriate level of protection when processing the data.
• Adjust to analyze the function and use of the app. The provider is adjust GmbH, Saarbrücker Str. 38a, 10405 Berlin. Adjust creates analyses and evaluations about the use of our app and the success of our campaigns. Adjust also processes and stores information stored on your device, in particular any user IDs, in order to record interactions within the app and information about which ads users have seen or clicked on, e.g. to determine which marketing measure drew users' attention to our app, i.e. specifically which link or banner on social networks (e.g. Pinterest) and elsewhere on the Internet users clicked on before downloading our app.