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Driver Blue Dot Privacy Policy

The Western Cape Department of Transport and Public Works has established an incentive scheme which is aimed at supporting MBT operators to operate their MBT businesses in accordance with the Regulations and Directions during the COVID-19 lockdown & after

Driver Blue Dot Privacy Policy

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 Department of Transport and Public Works (“Service Provider”) collects through the [Blue Dot Taxi Driver] application ("Tracking 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 Tracking Application is subject to this Privacy Policy. By using this Tracking 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 Tracking Application of any such amendments. Your electronic acknowledgement through the Tracking Application of such notification will constitute your consent to be bound by the Privacy Policy, as amended. 

Definitions 

  1. Act means the Protection of Personal Information Act No. 4 of 2013, as amended.
  2. Blue Dot Incentive Scheme means the reward incentive scheme established by the Western Cape Department of Transport and Public Works pursuant to which Operators participating in the scheme will be awarded a reward incentive in exchange for ensuring that their minibus taxis and drivers adhere to certain health and safety standards when operating a public transport service, which health and safety standards are aimed at preventing and combating the spread of COVID-19 in South Africa.
  3. Blue Dot T&Cs means the terms and conditions which govern the operation of and participation in the Blue Dot Incentive Scheme, agreed to by the Operator and the Service Provider. 
  4. Covid-19 means the Novel Coronavirus (2019n-Cov) which is an infectious disease caused by a virus, which has emerged during 2019 and was declared a global pandemic by the World Health Organisation during the year 2020.
  5. PRE means the provincial regulatory entity established in accordance with section23(1) of the National Land Transport Act, No. 5 of 2009, which, in the case of the Province of the Western Cape, is the Western cape Department of Transport and Public Works.
  6. Operator means a person who is carrying on the business of operating a minibus taxi service with a valid operating license issued by the PRE.
  7. Personal Information means personal information as defined in the Act.
  8. Processing means processing as defined in the Act, and Process shall have the same meaning. 
  9. Service Provider means the Western Cape Provincial Government Department of Transport and Public Works.
  10. Tracking Application means the tracking application developed by the Service Provider for the purpose of tracking the Trips completed by you on behalf of an Operator participating in the Blue Dot Incentive Scheme.
  11. Trip means the act of you using a minibus taxi to convey passengers from a point of departure to a point of destination.
  12. User/s mean any individuals who make use of or access the Tracking Application.
  13. User Information means the Personal Information and the GPS location data of a User collected through the Tracking Application.
  1. Understanding Personal Information
    1. Personal Information may include your name, surname, address, telephone number and/or email address that can be used to personally identify you.
    2. Your Personal Information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.
    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.
  2. Collection of Personal Information
    1. The Service Provider collects and Processes User Information that can be used to identify you personally for the purpose of monitoring your compliance with the standards set out in the Blue Dot T&Cs and to determine whether any deductions are to be made from the incentive payable to the Operator in accordance with the Blue Dot T&C’s, provided that deidentified GPS location data gathered through the Tracking Application may be used for future public transport planning purposes.
    2. Personal Information that may be collected by the Service Provider includes, but are not limited to, –
      1. First and last name;
      2. Identity Number;
      3. Location information; 
      4. Mobile phone number; and
      5. information relating to physical health and well-being.
    3. The Service Provider collects and Processes Personal Information that is provided to them by Users in the following instances – 
      1. upon registration for use of the Tracking Application;
      2. upon use of the Tracking Application; and
      3. via correspondence via e-mail, fax, telephone and post. 
    4. The Service Provider retains records for such period as is required by the Act. 
    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 Tracking Application). By using the Tracking Application, you consent to the Processing of such information. 
    6. If you use the 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 Tracking Application, you consent to the collection, storage, transmission and analysis of such data. 
  3. Consent to the Processing of Personal Information
    1. By using the 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.
    2. By using the Tracking Application, you represent that you are not younger than 18 years old. 
  4. Handling of Personal Information
    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. 
    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 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 Tracking Application. 
    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 Tracking Application.
    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.
  5. 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 sole purpose of monitoring your compliance with the standards set out in the Blue Dot T&Cs in order to determine whether any deductions are to be made from the incentive payable to the Operator in accordance with the Blue Dot T&C’s.

  1. 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. 

  1. Security of Personal Information
    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.
    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. 
    3. As a User, you are entitled to request access to and/or correction or deletion of your Personal Information.
  2. 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.

  1. Notices

The Service Provider may give you notice by means of a general or specific electronic push notification delivered to you through the Tracking Application, 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 Tracking Application and this Privacy Policy to the Service Provider by written communication to [XXX].

  1. 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.

  1. 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.

  1. Governing Law

This Privacy Policy shall be governed by the laws of the Republic of South Africa.