Privacy Policy for the U.A.E.


Swapp Rent A Car DMCC (with license number DMCC-815437) (hereinafter: “Swapp” or “We”) - the Data Controller 


        Registered seat:     OFFICE 1601, JBC2 BUILDING, JLT CLUSTER V, DUBAI, UAE

        E-mail:         [email protected]

        Website:     www.joinswapp.com


Swapp provides an online platform intended to facilitate the connection (hereinafter referred to as, the “Service” or “Services”) between individuals or legal entities who would like to rent out a vehicle without a driver (“Supplier”) and individuals or legal entities who would like to rent a vehicle for a defined or initially undefined period of time as the main driver (“Customer”) (Supplier and Customer hereinafter each and collectively also referred to as “User” or “You”). By using our Services, the Website or the App you expressly agree to this Privacy Policy.


These Services are accessible via the following website www.joinswapp.com (the “Website”) and/or as a mobile application entitled “Swapp” (the “App”).


The Services are described extensively in the Swapp Terms and Conditions. Swapp is responsible for the processing of your Personal Data that is collected through your use of our Services and Website. This means that we are notably in charge of their collection, their safety and their use for the purposes detailed in this privacy policy in compliance with the data protection regulation. At the time of registration as a User, you consent to such processing and you warrant the accuracy of all data provided by you.


1. Personal data which is processed and relevant Purpose

We collect and use different sets of data to provide you with our Services and/or improve your experience with us.


  • Server-Log-Files & browsing data 

When you use our Website or App, we collect and store information in the log files of our servers. This includes: 

  • A unique identifier stored in your cookies 
  • How you used the Service, such as your search queries 
  • Your IP address (which identifies the country you are browsing from)
  • Device-related event data that you use, such as crashes, your browser type, version and language, date and time of the request, and referring URL
  • Analytics data - which pages you viewed, page navigation flows, time spent on the website, which listings you watched during a browsing session, search queries


We shall also be entitled to process and use the log data that is automatically collected (Server Log-files) for the purpose of identifying, delimiting and removing malfunctions and errors in the telecommunication systems. If the requirements are met, we may use log data that is necessary to uncover any unlawful use of the telecommunication systems and services.


  • App Data and Account Data

Additionally, We collect and store the following data when you are using our App and your Account (“App and Account Data”):

  • User-ID, 
  • type of device,
  • IP-address, 
  • country code,
  • geolocation of the device where the App is used, 
  • language, 
  • device name,
  • name of the operating system and version;
  • joining date
  • last activity date


Swapp uses these App and Account Data only for statistical evaluation for the purpose of operating, security and optimising the Services. Swapp hereby reserves the right to save and use this App and Account Data afterwards if particular indications become apparent to us, for instance, Users using a rented vehicle(s) and/or our Service for illegal use. We might also use anonymised App and Account Data of the Users (in aggregate) for representation of statistical usage of the Service or Swapp in, without limitation, banners, testimonials, showcase or teaser sections on the Website in order to promote Swapp and the Service.


  • Sign-Up Data

To provide you with our Service, Swapp needs to collect basic information about you.

When signing up for the Service and creating a user account, you submit the following information about your own Personal Data (“Sign-Up Data”):


  • Name and surname, email address, password, profile picture (optional), date of birth, and phone number
  • If the User registers using his/her Facebook or Google account: public profile, email address and friends list, including relevant profile image


Swapp will collect, process and use the Sign-Up Data for the purpose of providing the Service to each User.


If you sign-up for the Service through an online social media platform, or through a partner website, your Sign-Up Data may be provided directly to us by such entity.


If you sign-up for the Service through the Careem platform (the platform operated by Careem Networks FZ LLC) (hereinafter referred to as “Careem”), your Sign-Up Data will be provided directly to us by Careem.


  • Supplier Data

If you want to rent out your vehicle to other users you submit, in addition to the Sign-Up Data (or if applicable the Customer Data) the following information (“Supplier Data”):


  • Vehicle type and brand, details about the vehicle (such as number of seats and doors and mileage), country and year of first registration, number plate, date of the last technical inspection, address of the parking or pick-up location, car registration and insurance-related information (including VIN), person of contact (with knowledge of contract details), its telephone number and email address, postal address. 
  • If the Supplier is a legal entity: company details, specimen signature, details regarding necessary licenses if required and authorized legal representative(s), including name, surname, address, phone number and email.


Swapp will collect, process and use the Supplier Data for the purpose of (i) evaluating the eligibility of the Supplier to use the Service, (ii) providing the Service to each Supplier and (iii) where applicable, handle or get involved in handling the administrative aspects of insurance cases on their behalf with the Supplier’s insurer.


  • Customer Data 

If you want to rent a User’s vehicle, you shall submit, in addition to the Sign-Up Data (or if applicable the Supplier Data), the following information (“Customer Data”): 


  • Picture of the User, copy of the User’s driver licence (UAE driver license for UAE residents, home country driver license and International Driver Permit for non-UAE residents) (front and back side), copy of the User’s ID Card or passport and visit visa to the UAE as applicable,  (through the third party provider Veriff - see below Section 3), first issue date, country of issue, date and place of birth, postal address, country of residence, telephone number, address for parking vehicle overnight, information regarding your booking requests, including photographs taken or written comments made during handover or hand back geographical location and date of the handover or hand back, and eventually duration of rental, delivery address. 
  • If the Customer is a legal entity, any company details provided by the Customer and necessary for the receiving of a requested invoice.


Swapp will collect, process and use the Customer Data for (i) the purpose of providing the Service to each User as Customer; (ii) where applicable, to handle or get involved in handling the administrative aspects of insurance cases on their behalf with the Supplier’s insurer; and (iii) for the provision of customer care to the User. 

For Users accessing our Services through Careem, we may share your Customer Data to Careem as part of our reporting requirements to Careem (i) to provide the Services; and (ii) for purposes of safety and security, customer support, research and development, enabling communication between users, and in connection with legal proceedings and requirements. The Customer Data shared to Careem will be retained by Careem in line with Careem’s privacy policy available here: https://www.careem.com/en-ae/privacy/.


We inform the Suppliers who take and keep the Customer's personal documents or data (for example, the driving licence) for a Rental that it is prohibited to disclose any personal data to third parties who are not qualified to receive them. Criminal sanctions may apply. 


In accordance with our Terms & Conditions, in order to guarantee the reliability and security of our Services, we have an exclusion list of Users in the case of proven fraudulent behaviour. If a User is on the list, the User's profile is blocked and the User is no longer allowed to use the Services.


The following information is collected for the purpose: last name, first name, card number and expiration date of the credit card.


If a User is included in the exclusion list as per the Swapp Terms & Conditions, This information is stored for 10 years in order to hinder the renewed registration of the person who acted unlawfully.


  • Payment Data 

Additionally to your Sign-Up, Supplier and/or Customer Data, you shall provide the following payment data for the purpose of making the vehicle reservation, receiving or making payments for the rental, making payments for the Service: 


If Supplier: bank account details (account Supplier, IBAN, account number).

If Customer: first and last name of the cardholder, details of the payment card. 


Swapp through the services of the payment provider Stripe will collect, process, use and store the Payment Data for the purpose of providing the Service and payment services to each User, being specified that part of the credit card number will be hidden during its display on screen. The Payment Data of the Customer will be processed and stored by our payment providers according to the highest safety measures applicable in the e-commerce sector. Notably, the transaction will be made through a secured and encrypted process. The Supplier may also be informed that a Customer’s payment for rental was not successful.  


  • Public Data

For the purpose of the use of the Service, Swapp will display some of your Personal Data that you decide to make public on the Website and/or App (“Public Data”): 


  • first name, profile picture (optional), number of rentals and rating(s) by and towards other Users and Swapp (if applicable), biography (optional), text, images and other user content you may provide.


Swapp will collect, process and use the Public Data for the purpose of providing the Service to each User and connecting the users to each other by displaying this data on the Website and/or App.


We might also use the Public Data of the Users in, without limitation, banners, testimonials, showcase or teaser sections on the Website in order to promote Swapp and the Service.


  • Support, Dispute and Banning Data

Customer support data is collected on a case-by-case basis and stored for the purpose of resolving customer support and service quality issues. 


For the purpose of resolving or supporting you in any disputes or complaints that may arise, Swapp may use the information collected and any information that you provide us with related to the matter at stake. If we ban or suspend you from use of the Service, we keep a record of that ban or suspension.


In accordance with applicable legal provisions, we may be required to provide information to criminal prosecution authorities and courts for prosecution purposes.


We may read the messages exchanged through the Website or the App between members for fraud prevention purposes, to facilitate dispute resolution, to improve the Service, for user support purposes or verification that users respect our Terms and Conditions. For example, to avoid a member bypassing our online booking system, we automatically monitor and analyse the messages exchanged on our platform to ensure they do not contain any reference to or words linked to another method of booking.

As often as possible, we use automated systems to moderate the messages sent between members via the Website or the App. We never read any communication between members of our community for promotional or advertising targeting and commit not to do so in the future.





2. Legal Basis for the data processing

  • Personal data is processed in order to provide the Service contracted with us. We collect and process the personal data submitted in the course of installation and use of the Services which is a prerequisite for the use of our Services.
  • Personal data may be also processed on the ground of legitimate interest, for example in investigating and detecting fraudulent payments.
  • The legal basis for the data processing related to marketing purposes is the consent explicitly provided for by the Users via the Website or via the App.
  • We may ask for your consent to allow the App to access photos, media and files on your device.



3. Recipients and Data Processors 

We do not sell personal data to third parties. We may transfer personal data to our contractual service providers and trusted third parties. Before doing so, we take steps to ensure that your Personal data is treated with adequate protection as required by data protection laws and our internal policies.


We share Personal data to carry out Services, for example, to let the software run on the platform of remote servers, carry out and settle up payment processes for offered products or services, carry out technical checks to validate the condition of vehicles on the Swapp website, confirm that the Customer Data / Supplier Data is accurate or outsource certain Customer Relation and Claim Management actions.


We may share your data with the following Data Processors:

  • Insurance partners and claim processors; to administrate your insurance policy and any claims
  • Payment processors (OTP Simple, Stripe, Paypal) to process payments relating to the Services
  • Customer service providers (Zendesk), so we can answer your questions and solve any issues
  • Valet service providers, to manage vehicle logistics and deliveries
  • Suppliers, who may need to contact you in relation to your rentals and handin or handoff the rented vehicle, as well as verify your identity to ensure the person to whom the vehicle is handed to corresponds to the Customer
  • Data analysis software, to perform analysis on anonymised data
  • Identity and anti-fraud services (Veriff), to verify your identity and approve your account
  • Marketing and CRM software, to manage our mailing lists and promotions
  • Service providers for internal correspondence 
  • Cloud service providers (Amazon Web Services) who host databases
  • Governments, local councils, and regulatory bodies, to ensure we meet our regulatory and legal requirements
  • Debt-recovery and vehicle-repossession firms to help manage arrears and trace stolen vehicles
  • 3rd party claim management service provider for claims against users (thefts, deliberate damages to vehicles, unwillingness to pay)
  • Local police department for fraud and crime prevention purposes


In addition, we are seeking guarantees from our service providers acting as data processors under the applicable data protection and privacy laws on their compliance with the rules set out in the applicable data protection and privacy laws.


Only the authorized employees of Swapp and Swapp’s Data Processors, and the authorized employees of contractual partners, can access personal data, to the extent necessary to comply with the Privacy Policy. 



We inform the Suppliers who take and keep a picture of the Customer's personal documents (for

example, the driving licence) for a Rental that they remain subject to the applicable laws in the field of data protection and privacy and are expressly prohibited from disclosing personal data to any third party who are not qualified to receive them. Criminal sanctions may apply.


Personal information of the Customer may be collected by the Supplier at the moment of Handover/Handback of the Vehicle, in accordance with the Swapp Terms & Conditions, in order to verify the identity of the Customer and the Vehicle. The Supplier is required to delete any personal information within a 90 day period after the end of the conclusion of the rental period - unless the User have underwritten an Allianz UBI’ insurance, as offered by Swapp, in which case the information collected at the Handover/ Handback must be stored for at least one year pursuant to the terms and conditions of the mentioned policy.


In those cases, the person concerned by this processing of personal data may exercise the rights attached to its personal data also with the Supplier.



4. Your Rights


You may exercise the following rights attached to your personal data:

- Permission to access

- Right of rectification

- Right to obliteration (right to be forgotten)

- Right to limitation of treatment

- Right to data portability

- Right of opposition


To exercise any of these rights, you can email [email protected]. We will respond as soon as possible.


Access, correction and restriction 

  • You can access and update your personal data via App and the Website.
  • You can request information related to your personal data, in which case we will provide information in connection with the categories of personal data concerned, the purposes of the processing, the period for which the personal data is stored, your rights related to data processing and your rights to lodge a complaint with the supervisory Authority in charge (hereinafter: “Authority”). 
  • You are entitled to request the restriction of the processing of your personal data , also where we no longer need your personal data for the purpose of processing, but they are required by you for the establishment, exercise or defence of legal claims.
  • You may not process the personal data of other users without Our permission. You may not contact any User or collect, record, store, grant access, use or cross-use the personal data provided by a User for any reason other than for the purposes of fulfilling your obligations towards a User.
  • If you violate the requirements for the processing of personal data of other users, we may terminate your account and claim damages from you.


Retention of personal data 

  • Your personal data will be stored by Swapp as long as you have an active account. If your account is closed, personal data will be deleted (according to the policies set out in this section), unless such data is required to be retained for accounting, dispute resolution or fraud prevention purposes.
  • Financial data is retained for [5] years after the last log in in the App. 


  • In the event that there are suspicions of criminal offence, fraud or false information having been provided, the data will be stored for 10 years in order to hinder the renewed registration of the person who acted unlawfully. 
  • In case of payment disputes or disputes in general, personal data will be retained until the dispute has been resolved or until the statute of limitation of the claim has elapsed (in principle for 5 years).
  • Please note that the deinstallation of the App in your device does not cause the automatic deletion of your personal data. 
  • If the App has not been used for 5 years, you will be notified and asked whether the account is still active. If no reply is received, the account will be closed and personal data will be deleted unless such data is required to be stored for accounting, dispute resolution or fraud prevention purposes.


Deletion

  • You should also bear in mind that any request to delete your personal data is handled by us.
  • We respond to any request for deletion of personal data submitted by e-mail within a month and will specify the period of data deletion.
  • In case we are required to store personal data pursuant to a legal obligation, we will not be able to comply with your request for deletion. 


Portability

  • We will respond to any request for transfer of personal data submitted by e-mail within a month and specify when the data transfer will take place. After we have verified the User in question, we will provide you with your personal data.


5. Security 


We employ efficient technical and organisational measures in order to safeguard the Service and other systems against loss, destruction, access, changes or the distribution of your data by unauthorised persons according to the current state of art. 


The access to your Swapp account is only possible after entering your personal password directly or through autologin processes. You should always treat your access information confidentially and logout out of the application and close the browser window, once you have ended your communication with us, particularly if you share the use of the computer and/or device with others. We do not recommend using publicly accessible computers to enter personal (or user) credentials, including email address, user names, passwords and credit card information..


Swapp will store your data on servers, which are located in the EU and managed by Amazon Web Services, Inc., (« Amazon »), which participates in the EU-US Privacy Shield framework regarding the collection, use, and retention of personal information from European Union member countries and has also signed the standard contractual clauses approved by the EU commission for the transfer of personal data outside EU. 


6. Direct marketing and sweepstakes

  • We will only use your e-mail address and/or phone number to send direct marketing messages if you have given us the permission to do so via the Website or via the App. 
  • We may personalize direct marketing messages using the information on how you use our Services (including, payments). Direct marketing messages could be e-mails, SMS-s, push notifications or in-app messages, and may contain promotional codes or information which could facilitate the use of our Service. Our aim is that you receive advertisements which could raise your interest /are as relevant to you as much as possible.
  • If you no longer wish to receive direct marketing messages, please click the “Unsubscribe” link in the footer of our e-mail or change the settings related to direct marketing in the App.
  • We may direct to you marketing campaigns that contain gifts, sweepstakes and other marketing or promotional materials of our partners; however, we do not transfer your personal data to the latter.


7. Dispute resolution and remedies

  • Personal data can be viewed and corrected by the Users in the App or on the Website. If you have any disputes, questions or concerns about this privacy statement or your personal data, please contact us at [email protected].
  • Disputes relating to the processing of personal data are resolved by contacting us ([email protected]).
  • In case you believe that the data processing is unlawful, you are entitled to start the procedure before the competent National Authority.

We reserve the right to change this Privacy Policy at any time, taking into account currently applicable data protection provisions. You will be notified once you log-on to our Service through the Website and/or App if there are any changes.