2021 PRIVACY STATEMENT GUAPP GUAM
Personal Information which we collect
The use of Personal Information which we collect
Sharing of Personal Information which we collect
Cross-border transfers of Personal Information
Retention of Personal Information
Access and correction of Personal Information
Where we store your Personal Information
Security of your Personal Information
Acknowledgement and consent
Marketing and promotional material
Third party websites
How to contact us
“Application" means the Driver Application and/or the User Application, as applicable.
"Governmental Authority" means any governmental, regulatory or administrative authority, agency, commission, board, bureau, court or instrumentality of any kind (including but not limited to any central bank, monetary authority, or securities exchange).
"Personal Information" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access. This may include an individual’s name, address, date of birth, occupation, phone number, e-mail address, biometric information, credit card details, gender, photo, health data, financial related information and other information which, when taken together with other information, would enable an individual to be identified.
PERSONAL INFORMATION WHICH WE COLLECT
We collect certain information (which may include Personal Information) about you (for example, when you register as a User or Transportation Provider, or you otherwise provide Personal Information to us) automatically when you use the Application. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law).
Information obtained from you or from your mobile device directly
You have to provide us with certain Personal Information upon registration. If you are using the Application as a User, you have to provide us with your name or Account ID, e-mail address, and phone number that you will use to access the Application after registration. If you are using the Application as a Transportation Provider, you have to provide to us additional Personal Information as part of the Transportation Provider onboarding process. This could include details of your Vehicle; licenses, approvals, and other authorizations for you to operate the Vehicle and to provide the Transportation Services; your insurance policy; biometric data; and your bank account details.
You have to provide to us your relevant information as may reasonably be required by us in order for the Application to work. For example:
If you are using the Application as a User, you will need to provide us with information as to the type of Transportation Service you need, and details for the pick-up and/or drop-off locations.
If you are using the Application as a Transportation Provider, in order for the Application to work, you will need to provide us with information as to the Transportation Services you are able to accept orders for at the time, and details as to your current location, and after an order for a Transportation Service placed by a User is accepted by you as the Transportation Provider, you may need to provide us with other data for us to manage the Application and ecosystem, and to monitor overall usage of the Application.
If you are the payer, you will provide us information relating to the payment, such as the type of payment card used, the name of the issuer of that payment card, the name of the account holder for that payment card, the number of that payment card, and the amount of money paid.
You will provide us with the phone number of our users and non-users in your mobile phonebook to enable the chat feature.
Information collected whenever you use the Application or visit our Website
We may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as web pages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID), mobile advertising ID or media access control address, and also other device information regarding the manufacturer, model and operating system of the device that you use to access the Application or our Website.
We will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the Application (for example, to give you information as to how close a Transportation Provider is to you).
If You use the Application as a Transportation Provider, we collect your geo-location information when the Application is running in the foreground (i.e., the Application is open and on-screen) and in the background (i.e., the Application is open but not on screen), so long as you are signed into the Application.
If You use the Application as a User, we collect your geo-location information when the Application is running in the foreground. We endeavor to cease collection of your geo-location information when the Application is in the background, but such information may still be collected unintentionally. You can always choose to disable the geo-location tracking information on your mobile device temporarily, but may affect the functionalities available on the Application.
If you allow the Application to access the camera function on your mobile device, any images that you share with a User or Transportation Provider (as applicable) via the chat feature on the Application will be collected by Guapp.
Information collected from third parties
Information about third parties you provide to us
You may provide us with, or allow us access to information relating to third parties (which may include Personal Information relating to your spouse, family members or friends). You will of course need their consent to do so – see “Acknowledgement and Consent”, below, for further information.
In-vehicle Recording Devices. We do not mandate or endorse, nor prohibit, the installation or use of in-vehicle recording devices (“IVRDs”) in any Vehicles. Where such devices are installed and used in any Vehicles, we do not collect any Personal Information from any audio and/or visual recordings by such devices, and any collection of Personal Information from such recordings is not being done on our behalf. The collection of Personal Information from such audio and/or visual recordings is solely at the discretion of the Transportation Provider , and we have no control over such collection of Personal Information by the Transportation Provider and any subsequent use or disclosure by the Transportation Provider of the Personal Information so collected.
Where you are a Transportation Provider and choose to install and use such IVRDs in your Vehicle, it is your sole responsibility to comply with all Applicable Laws (including but not limited to any directions and guidelines issued by the Land Transport Authority (“LTA”) and the Personal Data Protection Commission) in respect of the same. Without limitation, you must:
Ensure that LTA’s approval has been obtained to install any inward-facing IVRD in your Vehicle;
Ensure that any inward-facing IVRD in your Vehicle has been installed at an LTA-authorized installation centre;
Notify us within 24 hours of an inward-facing IVRD being installed in your Vehicle; and
Affix signs or decals on your Vehicle to notify Users of the use of such devices in your Vehicle.
We will notify you via the Application if a Transportation Provider has installed an authorized inward-facing IVRD in his or her Vehicle, where such inward-facing IVRD has been notified to us. If you have any objection to the use of an inward-facing IVRD within the Vehicle of any Transportation Provider, it is your responsibility to cancel your order immediately. If you become aware of the use of an inward-facing IVRD in any Vehicle that was not notified to you via the Application, please inform us via the Application so that we can investigate accordingly.
National Identification Numbers. We do not collect, use or disclose your National Registration Identity Card (“NRIC”) or other national identification numbers for the purposes of your use of the Application. Where you are a Transportation Provider, please note that we are entitled to collect, use, and disclose your NRIC number or Foreign Identification Number (“FIN”) to comply with our obligations under Applicable Law and to prevent, detect and investigate any fraudulent activity over the Application.
THE USE OF PERSONAL INFORMATION WHICH WE HAVE COLLECTED
We may use Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Law:
Where you are a User, we may use your Personal Information:
to identify you and to register you as a User and to administer, manage, authenticate, or verify your Account as such;
to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a User, including any know-your-customer (“KYC”) processes;
to enable Transportation Providers to provide you with such of the Transportation Services as you have requested;
to process and facilitate orders and payment transactions made by you, including where applicable, transactions made through any payment systems and services available over the Application;
to communicate with you and to send you information in connection with the use of the Application;
to notify you of any updates to the Application or changes to the Transportation Services available;
to process and respond to enquiries and feedback received from you;
to maintain, develop, test, enhance and personalize the Application to meet your needs and preferences as a User;
to monitor and analyze user activities and demographic data including trends and usage of the various Transportation Services available on the Application; and
to send you direct marketing communications and information on special offers or promotions.
Where you are a Transportation Provider, we may use your Personal Information:
to identify you and to register you as a Transportation Provider and to administer, manage, authenticate, or verify your Account as such;
to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a Transportation Provider, including any KYC processes and any other checks on your identity and Vehicle to facilitate compliance with our obligations under Applicable Law;
to enable you to provide Transportation Services to Users;
to process and facilitate payments due to you relating to any Transportation Services you have provided;
to communicate with you and send you information in relation to the provision of your Transportation Services, including to relay User orders to you and to facilitate your acceptance of such orders;
to notify you of any updates to the Application or changes to the manner in which Transportation Services are to be provided;
to process and respond to feedback from Users as to safety generally or as to the quality of the Transportation Services which you have provided;
to maintain, develop, test, enhance and personalize the Application to meet your needs and preferences as a Transportation Provider;
to monitor and analyze user activities and demographic data including trends and Transportation Provider responsiveness for the various Transportation Services available on the Application; and
to send you direct marketing and promotional communications and information on special offers or promotions.
Whether you are a User or a Transportation Provider or otherwise provide Personal Information to us, we may also use your Personal Information more generally for the following purposes (although we will in each such case always act reasonably and use no more Personal Information than what is required for the particular purpose):
to undertake associated business processes and functions;
to monitor usage of the Application and administer, support and improve the performance efficiency, user experience and the functions of the Application;
to provide assistance in relation to and to resolve any technical difficulties or operational problems with the Application or the Transportation Services;
to generate statistical information and analytics data for the purpose of testing, research, analysis and product development;
to prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving us and/or any of our Affiliates; and
to enable us to comply with our obligations under any Applicable Law, including but not limited to responding to regulatory enquiries, investigations or directives, complying with statutory or regulatory filing and reporting requirements, and conducting audit checks, due diligence and internal investigations.
SHARING OF PERSONAL INFORMATION WHICH WE COLLECT
We may disclose to or share with Affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by Applicable Law (although we will in each such case always act reasonably and disclose or share no more Personal Information than what is required for the particular purpose):
where you are a User, for the purpose of enabling a Transportation Provider, to perform or deliver a Transportation Service, including to contact you;
where you are a Transportation Provider, for the purpose of enabling a User to request or receive a Transportation Service from you, including to contact you;
facilitating or enabling any checks as we may in our discretion consider necessary before we register you as a User or Transportation Provider, including any KYC processes and any other checks to facilitate compliance with our obligations under Applicable Law;
where required or authorized by Applicable Law (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that Applicable Law; or complying with any request, order, directive or other instruction from a Governmental Authority;
where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Transportation Services, for the purposes of that legal proceeding;
in an emergency concerning your health (whether you are a User or a Transportation Provider) for the purposes of dealing with that emergency;
in a situation concerning your health or public interest (whether you are a User or a Transportation Provider), we may share your Personal Information to the relevant Governmental Authorities with competent jurisdiction or which have a cooperation with us, for the purposes of contact tracing, supporting government initiatives, policies or programs, public safety and any other purposes reasonably needed;
in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
where we share Personal Information with third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we enter into commercial collaboration with), for or in connection with the purposes for which such third parties are engaged, to perform certain disclosure to the relevant third parties which are technically required to process your transaction or for the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to You, or other conducting activities including marketing, research, analysis, checks (including background and verification checks), and product development; and
Where it is not necessary for the Personal Information disclosed or shared with other parties to be associated with you, we will use reasonable endeavors to remove the means by which the Personal Information can be associated with you as an individual before disclosing or sharing such information.
We will not sell or lease Your Personal Information to any third parties.
CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION
Your Personal Information may be transferred to, stored, used and processed in a jurisdiction other than your home nation or otherwise in the country, state and city in which you are present while using any services provided by us (“Alternate Country”), to companies under Guapp group which are located outside of your home nation or Alternate Country and/or where Guapp group’s servers and/or service providers and partners are located outside of your home nation or Alternate Country. You understand and consent to the transfer of your Personal Information out of your home nation or Alternate Country as described herein.
RETENTION OF PERSONAL INFORMATION
Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorized by Applicable Law. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
Please note that there is still the possibility that some of your Personal Information might be retained by the other party (e.g., the Transportation Provider (if you are the User), or the User (if you are the Transportation Provider) or other Governmental Authority) in some manner (such as, by means of a screen capture). In the event we share your Personal Information to third parties, you agree and acknowledge that the retention of your Personal Information by the relevant institutions will follow their respective policy on data retention. Information relayed through communications between Users and Transportation Providers made other than through the use of the Application (such as by telephone, mobile messaging or other modes of communication or through collection of your Personal Information by our agents) may also be retained by some means. We do not authorize the retention of Personal Information by such means and we have no responsibility to you for the same. To the fullest extent permitted by Applicable Law, we shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, suppliers, contractors and Affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorized retention of your Personal Information.
ACCESS AND CORRECTION OF PERSONAL INFORMATION
You may request us for access to and/or the correction of your Personal Information in our possession and control, by contacting us at the details provided below. Subject to Applicable Law, we reserve the right to charge an administrative fee for such requests.
We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control, if permitted or required under any Applicable Law. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.
WHERE WE STORE YOUR PERSONAL INFORMATION
SECURITY OF YOUR PERSONAL INFORMATION
Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorized persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information which you transmit over the Internet, nor guarantee that such Personal Information would not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties, due to factors beyond our control. You are responsible for keeping your Account details confidential and you must not share your password with anyone and you must always maintain the security of the mobile device that you use.
ACKNOWLEDGEMENT AND CONSENT
In circumstances where you provide us with information relating to third parties (which may include Personal Information relating to your spouse, family members or friends), you represent and warrant that you have obtained such third party's consent for, and hereby consent on behalf of such third party to, the collection, use, disclosure and processing of such information by us.
You may withdraw your consent to any or all collection, use or disclosure of your Personal Information at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Application or the Transportation Services. A withdrawal of consent by you may result in the termination of your Account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.
MARKETING AND PROMOTIONAL MATERIAL
We may send you marketing and promotional communications via post, telephone call, short message service (SMS), e-mail, online messaging, or push notifications via the Application to notify you about special privileges, promotions, or events offered or organised by us, our partners, sponsors, or advertisers, or to provide updates on our Application and/or the products and services offered therein (“Marketing Material”), if you have agreed to subscribe to our mailing list and/or consented to receive such Marketing Material from us.
You may unsubscribe from receiving such Marketing Material at any time. Please note that if you opt out, we may still send you non-promotional messages, such as ride receipts, or information about your Account or Application.
We may create, use, license or disclose Personal Information, provided, however, (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be attributed to or associated with or cannot identify any person, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.
THIRD PARTY PLATFORMS
The Application, Website, and Marketing Material may contain links to websites, plug-ins, and applications that are operated by third parties (“Third Party Platforms”). Clicking on these links or enabling any connections to these Third Party Platforms may allow such third parties to collect and process your Personal Information. Before submitting or uploading any Personal Information over these Third Party Platforms, you should consult the terms and conditions and privacy policies of these Third Party Platforms to find out how they collect and use your Personal Information. We do not control nor accept liability or responsibility for these Third Party Platforms and/or the collection, use, maintenance, sharing, or disclosure of data and information by such third parties.
Please note that we do not store such biometric data. Unless otherwise notified to you, such data is stored in your mobile device and may also be stored by other third parties, such as your device’s manufacturer. You agree and acknowledge that we are not responsible for any unauthorized access or loss towards such biometric data stored in your device.
HOW TO CONTACT US