BLUE DOT DRIVER APP PRIVACY POLICY
This privacy policy ("Privacy Policy") governs the collection, management, storage and disclosure of Personal Information (as defined below) that the Western Cape Government’s Department of Transport and Public Works (“Service Provider”) collects through the Blue Dot Driver Application ("Driver Application"). The Service Provider undertakes to treat your Personal Information with the necessary care in accordance with the Protection of Personal Information Act No. 4 of 2013, as amended. Your use of the Driver Application is subject to this Privacy Policy. By using this Driver Application, you consent to the Processing (as defined below) of your personal information in accordance with this Privacy Policy. The Service Provider may amend this Privacy Policy from time to time. You will receive notification through the Driver Application of any such amendments. Your electronic acknowledgement through the Driver Application of such notification will constitute your consent to be bound by the Privacy Policy, as amended.
Definitions
1.1. Act means the Protection of Personal Information Act No. 4 of 2013, as amended.
1.2. Blue Dot Incentive Programme means the incentive programme established by the Western Cape Government’s Department of Transport and Public Works which aims to create safer and more dignified public transport services while also supporting job creation and stability within the minibus taxi industry, as well as enabling broader economic benefits.
1.3. Blue Dot T&Cs means the terms and conditions which govern the operation of and participation in the Blue Dot Incentive Programme, agreed to by the User and the Service Provider.
1.4. Performance Standards means the prescribed standards against which the performance of Participating Drivers is measured, as set out in Schedule 3 of the Participating Driver Blue Dot T&Cs.
1.5. Personal Information means personal information as defined in the Act.
1.6. Processing means processing as defined in the Act, and Process shall have the same meaning.
1.7. Driver means the person employed by the Operator to drive a minibus taxi for the purpose of delivering a public transport service.
1.8. Driver Application means the application developed by the Service Provider through which the Service Provider will provide the User with daily feedback in respect of the User’s level of compliance with Performance Standards, to which these Terms are applicable, which includes the Tracking Application;
1.9. Service Provider means the Western Cape Provincial Government Department of Transport and Public Works.
1.10. Tracking Application means the tracking application developed by the Service Provider for the purpose of tracking the Trips completed by you as a participant in the Blue Dot Incentive Programme.
1.11. User Information means the Personal Information of a User collected through the Driver Application and the GPS location data of a User collected through the Tracking Application.
1.12. User/s mean any individuals who make use of or access the Registration Platform.
2. Understanding Personal Information
2.1. Personal Information may include your name, surname, identity number and/or driver’s licence number that can be used to personally identify you.
2.2. Your Personal Information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.
2.3. The Service Provider strives to ensure that the conditions set out in the Act and all regulations and directions issued in respect of the Act are complied with when Processing Personal Information. In particular, the Service Provider strives to ensure that Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.
3. Collection of Personal Information
3.1. The Service Provider collects and Processes User Information that can be used to identify you personally for the purpose of your participation in the Blue Dot Incentive Programme and monitoring your compliance with the standards set out in the Blue Dot T&Cs, provided that data gathered through the Driver Application and deidentified GPS location data gathered through the Tracking Application may be used for future public transport planning purposes.
3.2. Personal Information that may be collected by the Service Provider includes, but are not limited to, –
3.2.1. First and last name;
3.2.2. Identity Number;
3.2.3. Location information;
3.2.4. Mobile phone number;
3.2.5. Driver’s licence number and
3.2.6. information relating to physical health and well-being.
3.3. The Service Provider collects and Processes Personal Information that is provided to them by Users in the following instances –
3.3.1. upon registration for use of the Driver Application and/or the Tracking Application;
3.3.2. upon use of the Driver Application and/or Tracking Application; and
3.3.3. via correspondence via e-mail, fax, telephone and post.
3.4. The Service Provider retains records for such period as is required by the Act.
3.5. There may be instances where the Service Provider may also collect some information that is not Personal Information because it does not identify you or anyone else (we may collect anonymous answers to surveys or aggregated information about how you use the Registration Platform). By using the Driver Application and/or Tracking Application, you consent to the Processing of such information.
3.6. If you use the Driver Application and/or Tracking Application, you acknowledge that the Service Provider makes use of tracking technologies to collect your GPS location data while conducting Trips. By using the Driver Application and/or Tracking Application, you consent to the collection, storage, transmission and analysis of such data.
4. Consent to the Processing of Personal Information
4.1. By using the Driver Application and/or Tracking Application, you hereby consent to the Processing of your User Information in the manner and for the purposes contemplated in this Privacy Policy, and for purposes associated therewith, including to keep your records with the Service Provider up to date and to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.
4.2. By using the Driver Application and/or Tracking Application, you represent that you are not younger than 18 years old.
5. Handling of Personal Information
5.1. The Service Provider will comply with all laws and regulations applicable to the Service Provider pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Act.
5.2. You warrant that all Personal Information submitted by you is both true and correct at the time of that you provided it through the Driver Application and/or Tracking Application. If any aspect of your Personal Information changes after such submission, it is your responsibility to immediately notify the Service Provider of the said changes by updating your Personal Information through the Registration Platform.
5.3. You warrant that you have the authority, permissions and consent to provide the Service Provider with any third-party information submitted to the Service Provider through the Driver Application and/or Tracking Application.
5.4. The Service Provider will take all reasonable measures in order to ensure your User Information is appropriately safeguarded, these precautions include, but are not limited to, firewalls, access control mechanisms via private keys, and software protection for information security.
6. Third Party Access to Personal Information
The Service Provider may share your User Information (i) with its employees, (ii) to comply with applicable law, (iii) in response to a lawful request to do so, and/or (iv) with authorised third parties such as service providers to the Service Provider for the purposes of identifying you personally for the purpose of your participation in the Blue Dot Incentive Programme and for monitoring your compliance with the standards set out in the Blue Dot T&Cs.
7. Retention and Restriction of Record
The Service Provider retains records for the period required by the Act, however, you may request that the Service Provider destroys your Personal Information unless the Service Provider is required by law to retain such information or is entitled to retain such information to the extent that it can be deidentified.
8. Security of Personal Information
8.1. The Service Provider takes reasonable steps to ensure that your User Information is protected from misuse, loss and from unauthorised access, modification or disclosure.
8.2. In the event of unauthorised access to your User Information, the Service Provider will contact you within a reasonable time to inform you of such access, provided that it does not guarantee that the User Information you supply to the Service Provider will not be intercepted while being transmitted over the internet. You acknowledge that you transmit such information to the Service Provider over the internet at your own risk.
8.3. As a User, you are entitled to request access to and/or correction or deletion of your Personal Information.
9. Indemnity
You agree to indemnify and hold the Service Provider, its officers, directors, employees, agents, and suppliers harmless from and against any claims, damages, actions and liabilities, including, without limitation, indirect, incidental, special, consequential or punitive damages arising out of the Service Provider’s reliance on your Personal Information should your Personal Information contain any errors or inaccuracies. Your rights with respect to the Service Provider are not modified by the foregoing disclaimer if the laws of the Republic of South Africa do not permit it.
10. Notices
The Service Provider may give you notice by means of a general or specific electronic push notification delivered to you through the Registration Platform, electronic mail to your email address provided by you or by sms communication sent to your mobile phone number provided by you. You may give notice relating to your usage of the Driver Application and this Privacy Policy to the Service Provider by written communication to Transport Operations, 11 Leeuwen Street, Cape Town, 8001.
11. Assignment
You may not assign or transfer this Privacy Policy in whole or in part without the prior written consent of the Service Provider. You give your approval to the Service Provider for it to assign or transfer these Terms in whole or in part.
12. Provisions Severable
All provisions and the various clauses of this Privacy Policy are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Privacy Policy which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pronon scripto and the remaining provisions and clauses of this Privacy Policy shall remain of full force and effect. The parties hereto declare that it is their intention that these Terms would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
13. Governing Law
This Privacy Policy shall be governed by the laws of the Republic of South Africa.
