- General Provisions.
- These Terms (hereinafter referred to as the Terms) constitute an offer of Forus Taxi OÜ (hereinafter referred to as Forus Taxi) to an Internet user (hereinafter referred to as the User) to use Forus Taxi mobile application (hereinafter referred to as the Service).
- When starting using the Service / its certain functions, the User is deemed to have accepted these Terms and provisions of the Regulatory Documents, in full, without any qualification or exception. If the User disagrees with any provisions of the Terms and/or Regulatory Documents, the User may not use the Service.
- The Service enables the User to place information, free of charge, on the User’s potential demand for services involving the transportation of passengers and baggage, look through offers of organizations providing services in the said field, and search for such offers using parameters set by the User. All currently available functions of the Service along with any developments thereof and/or newly added functions are subject to these Terms.
- Depending on the User’s region, any or all functions of the Service can be inaccessible or limited. The functions are deemed to be inaccessible (limited) for the User from a certain region, if such a User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions of these Terms governing functions of the Service inaccessible (limited) for the User shall not be applied until such functions become explicitly accessible for the User. Information on the accessibility of functions of the Service in a certain region shall be provided to the User upon its request sent to Forus Taxi.
- For the avoidance of doubt, Forus Taxi does not provide services involving the transportation of passengers and baggage and help desk services.
- By using the Service, the User gives its consent to receive advertising messages. The User may refuse to receive advertising messages by using the relevant functionality of the Service or following instructions specified in the received advertising message.
- Use of the Service.
- Service is provided to the User for personal non-commercial use.
- Information on services involving the transportation of passengers and baggage (hereinafter referred to as the Information) is provided by partners of the Service. To get more details on services offered (including the information on the availability of Wi-Fi hotspot inside the taxi, carrying out of photo/video recording inside the taxi by the Right Holder’s partners or other information), the User can either address partners of the Service or provide its contact information through the functionality of the Service, which can be used by partners of the Service to contact the User on their own and provide it with the information on services offered.
- Forus Taxi reserves the right, at own discretion, to limit access of the User to the Service (or to certain functions of the Service, if technologically feasible) using its account or block the User’s entire account upon multiple violations of these Terms, or take any other measures against the User to respect legislative requirements or third-party rights and legitimate interests.
- When the demand for taxi services is higher (including days before holidays, days of mass events and other cases), tariffs of the Service can be increased.
- Services involving the transportation of passengers and baggage as per Economy, Comfort, Business tariffs and other tariffs represented on the Service are rendered by different types of vehicles. Vehicles are ranked automatically based on vehicle performance data provided by the Service’s partners.
- The taxi service charges a cancellation fee, in case of User’s refusal of transport services, occurred after the car arrival to the pickup location appointed by the User. The amount of such fee is calculated similar to transport services fee for the period from the moment of actual car arrival to the pickup location or from the moment specified in information notice sent to the User by the taxi service as a moment of the car arrival to the pickup location (depending on what have taken place later) to the moment of User’s refusal of transport services. The User makes the refusal of transport services sending the information notice to the taxi service by the Service. Unless otherwise is foreseen by the rules of the corresponding taxi service or by the agreement between User and taxi service representative (driver), the User is considered to be refused of transport services if the User hasn’t get into a car that arrived to the pickup location appointed by the User within 10 (ten) minutes including the waiting time limits specified in the corresponding transport services rate. The cancellation fee for transport services from the airport is calculated with extra charge for the car arrival to the pickup location outside the city according to the corresponding transport services rate.
- The Driver remains the right to cancel an accepted trip due to the next reasons:
- Client did not appear within 5 minutes after the driver had arrived to the pickup address.
- Сlient is under the influence of strong alcohol intoxication, or bears the risk of damaging or soiling the car, or bears the risk of harming the health of the driver.
- Driver is facing technical problems or had a car accident or has run into police check.
- Driver has accepted the order by mistake and is not able to provide service at the moment.
- Function of Cashless Payment for Services Involving the Transportation of Passengers and Baggage
- The User can pay for services involving the transportation of passengers and baggage provided to the User in compliance with the information on potential demand for the relevant service posted by the User via the Service:
- directly to a taxi service (inter alia, by cash or by any other means stipulated by the said taxi service, if any, hereinafter referred to in these Terms and the Service interface as Cash). The said payment shall be made without Forus Taxi being involved and shall not be governed by these Terms;
- the User can access the function of cashless payment through a Linked Bank Card (cl. 3.2 hereof); in this case, Forus Taxi acts on the authority of the relevant taxi service or otherwise involving an authorized payment processor, an electronic money processor or another party to settlements or a party to communication, and receives payments as an agent of the taxi service or otherwise (hereinafter referred to as cashless payments). Forus Taxi does not guarantee that the operation of the Service will be error- and failure-free in view of enabling cashless payments.
- Depending on the User’s region, cashless payments can be made without the participation of Forus Taxi as a payment recipient or with the participation of Forus Taxi as another party to settlements or a party to communication.
- The User chooses the relevant form of payment in the Service interface. In this respect, if it is impossible to make cashless payments for any reason (including, but not limited to temporary technical inaccessibility of this function, temporary or constant impossibility to make cashless payments using the Linked Card, insufficient funds in the Linked Card), the User undertakes to pay by Cash.
- In case of cashless payments, it is possible to effect both one transaction for the total cost of the service involving the transportation of passengers and baggage and several transactions for parts of the cost, during and after the trip.
- In case of cashless payments, the User can, along with payment for services involving the transportation of passengers and baggage, at own discretion, make an additional cashless payment to the taxi service as a percentage of the cost of the paid service involving the transportation of passengers and baggage (hereinafter referred to in these Terms and the Service interface as Tips).
- The User shall specify the Linked Bank Card in the Service interface indicating the following details:
- Bank card number
- Valid through
- Security code
- If the bank card details are true, valid and it is technically feasible to use this card within the Service, the said bank card becomes the Linked one and can be used for cashless payments. All Linked Cards are displayed in the Service interface; for the User’s convenience, the interface displays the last 4 digits of the Linked Card’s number.
- When the Linked Card is added and when the User chooses the function of cashless payment for a certain trip, the amount equal to estimated trip cost will be charged to confirm that the Linked Card details are true and valid; if the transaction is successfully effected, the said amount will be refunded to the User. Failure to charge the said amount means that it is impossible to add this Linked Card and/or the function of cashless payment is unavailable, respectively.
- When adding the Linked Card and at any time after it was added, the User can set and/or change the default amount of Tips through the Service interface; the User can change the amount of Tips for a certain trip in the Service interface, when the trip is over.
- Cashless payments shall be made by the User involving an authorized payment processor or electronic money processor and shall be governed by rules of international payment systems, banks (including the bank that issued the Linked card) and other parties to settlements.
- When indicating its details pursuant to cl. 3.2 hereof and further using the Linked Card, the User confirms and guarantees that it indicated reliable and full information on the valid bank card issued in its name; it complies with rules of international payment systems and requirements of the bank that issued the Linked Card, inter alia, in relation to the procedure of cashless payments.
- The User understands and agrees that all actions performed within the Service using the mobile phone number confirmed by the User, inter alia, cashless payments with the use of the Linked Bank Card, are deemed to be performed by the User.
- If the User disagrees with the fact and/or the amount of cashless payments and has any other questions associated with the use of the Linked Card within the Service, it may contact Forus Taxi by phone numbers specified by the Service and/or via the help desk (feedback) interface within 14 days from the date of cashless payments or any other actions or events that prompted the request.
- If, following the inspection caused by such a request, Forus Taxi decides to refund the cashless payment amount, in whole or in part, the said amount shall be refunded to the bank account of the bank card, with which the cashless payment was made. The refund shall be made involving an authorized payment processor or electronic money processor and governed by rules of international payment systems, banks (including the bank that issued the Linked Card) and other parties to settlements. If Forus Taxi is not a party to settlements made by the Linked Card, Forus Taxi can act as a body that transfers Users’ above requests to taxi services, dispatch offices or any other person being a recipient of payments under the above transactions with the Linked Card.
- Forus Taxi reserves the right to require, at any time, from the User to confirm the details it specified within the Service, including the details of the Linked Card, and request supporting documents in this regard (in particular, identity documents); failure to provide these documents can, at Forus Taxi’s discretion, be deemed amounting to the provision of unreliable information and have implications stipulated by cl. 2.5 hereof.
- The provisions on the terms and procedure of payment for services involving the transportation of passengers and baggage specified in this Section shall not apply, when a third party pays for such services instead of the User under a contract signed by Forus Taxi with such a third party.
- Details of Forus Taxi
- Forus Taxi OÜ, registration number 12600455
- Address: Rotermanni 8, 10111 Tallinn, Harjumaa
- e-mail: [email protected]
- We are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management of Forus Taxi OÜ. The use of the software of Forus Taxi OÜ is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
- The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Forus Taxi OÜ. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
- As the controller, Forus Taxi OÜ has implemented numerous technical and organizational
measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of Forus Taxi OÜ is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.In this data protection declaration, we use, inter alia, the following terms:
- Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
- Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Forus Taxi OÜ
Rotermanni 8, 10111 Tallinn
Email: [email protected]
- Collection of general data and information
The website of Forus Taxi OÜ collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Forus Taxi OÜ does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Forus Taxi OÜ analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Registration in our application
The data subject has the possibility to register in the application of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
- By registering in the application of the controller, date and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
- The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
- The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
- Subscription to our newsletters
By signing in to the application of Forus Taxi OÜ, users are also subscribing to our enterprise’s newsletter. Forus Taxi OÜ is using the user’s e-mail address and name for this purpose. Subscriprion can be cancelled at any time in the footer of any such newsletter e-mail.
Forus Taxi OÜ informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for
newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly in the application of the controller, or to communicate this to the controller in a different way.
The newsletter of Forus Taxi OÜ contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Forus Taxi OÜ may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Forus Taxi OÜ automatically regards a withdrawal from the receipt of the newsletter as a revocation.
- 7. Contact possibility via the website
The website of Forus Taxi OÜ contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
- 8. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
- Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- Furthermore, the data subject shall have a right to obtain information as to whether personal data are
transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
- If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or
Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of
personal data stored by Forus Taxi OÜ, he or she may, at any time, contact any employee of the controller. An employee of Forus Taxi OÜ shall promptly ensure that the erasure request is complied with immediately.
- Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Forus Taxi OÜ will arrange the necessary measures in individual cases.
- Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- If one of the aforementioned conditions is met, and a data subject wishes to request the restriction
of the processing of personal data stored by Forus Taxi OÜ, he or she may at any time contact any employee of the controller. The employee of Forus Taxi OÜ will arrange the restriction of the processing.
- Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of Forus Taxi OÜ.
- Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Forus Taxi OÜ shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data
subject, or for the establishment, exercise or defence of legal claims.
If Forus Taxi OÜ processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Forus Taxi OÜ to the processing for direct marketing purposes, Forus Taxi OÜ will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Forus Taxi OÜ for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of Forus Taxi OÜ. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Forus Taxi OÜ shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Forus Taxi OÜ.
- Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Forus Taxi OÜ.
- Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form in the application to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
- Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.