FlexClub Privacy Policy
‍Version update: 27 October 2021

Your privacy is important to us, and we are committed to the protection of your privacy and any personal information you share with us. As part of this effort, we process personal information in accordance with the EU’s General Data Protection Regulation (GDPR) and other data protection regulations applicable to us. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. It also describes how you can access, modify, and if needed, request deletion of your personal data. We have outlined our privacy policy below. It is recommended that you read this privacy policy carefully. If you have additional questions or would like further information on this topic, please feel free to contact us. This Privacy Policy is to be read together with - and subject to - the FlexClub Terms of Service, and sets out FlexClub’s expectations of and commitments to Members, Vehicle Partners and visitors to our website with respect to our use of personal information collected in connection with your use of the website and the Services. Terms written with a capital are defined in the Terms of Service and will have the same meaning in this Privacy Policy, and the rules of interpretation as contained in the Terms of Service will apply in this Policy.This Privacy Policy may change from time to time. The most recent version of the Privacy Policy can be found on our website. In the event of any material changes to our Privacy Policy, we will endeavour to inform you directly either on this page or through some other reasonable method. 

‍Who is FlexClub and how can you contact us?
‍The party responsible for the processing of your personal data is FlexiiDrive B.V., acting under the name FlexClub, a private limited liability company established in The Netherlands, having its offices at Vijzelstraat 68, 1017 HL Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 69954283.All questions regarding the processing of personal data by FlexClub can be addressed to privacy@joinflexclub.comFor security related queries, please email us at security@joinflexclub.com. For any other queries, including opt-out requests, please email us at support@joinflexclub.com or send us a letter at Vijzelstraat 68, 1017 HL Amsterdam, the Netherlands.

‍How do we process your personal data?

‍Below is an overview of the purposes for which FlexClub processes your personal data. In this overview, we indicate which personal data FlexClub uses for a specific purpose, what the legal basis is for processing these data, and how long FlexClub stores the data. To keep things organised, we have grouped everything by type of data stream.Vehicle Partners When you offer your car for subscription via the FlexClub Services, we will ask you for certain personal information including but not limited to your name, ID number, contact information and information about your car. We may also require additional financial information from you to facilitate payment to you and to process any filings required by applicable tax authorities. FlexClub processes these personal data in order to create your account and to allow you to use the FlexClub Service. The processing of your personal data in this context is therefore necessary for the performance of a contract in connection with the use of our service to which you are a party (Article 6.1(b) GDPR). FlexClub will also use information from third parties (e.g. other ride-sharing platforms) to verify personal information you provide to us and to obtain additional related information and corrections where applicable to complete your profile. The processing of these personal data is necessary for the purpose of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), in order to verify your personal information. FlexClub stores your personal data for as long as you have an account and will delete your data within 1 month after you deactivate your account. FlexClub has a legal obligation to retain financial records (e.g., purchase and sales records or credit and debit accounts) for a period of 7 years.Members When you subscribe for a car via the FlexClub Services, we will ask you for your name, contact information, address, payment information, banking information, identification and/or passport number, and information concerning your driver’s license and driver’s record. We also ask you to provide a selfie photo in order to automatically verify whether this matches the driver´s license you provided. This personal data is required to subscribe to a car, to verify if you meet the requirements (such as a valid driver’s licence, verify your identity and age category, proof of address, affordability requirements) and to process payments. The processing of your personal data in this context is necessary for the performance of a contract in connection with the use of the service to which you are (or will become) a party (Article 6.1(b) GDPR). FlexClub will also use information from third parties (e.g. other ride-sharing platforms, our Vehicle Partners and their insurance companies, maintenance providers, toll-gate operators and traffic regulators) to verify personal information you provide to us, to manage your billing and payment arrangements, and to obtain additional related information and corrections where applicable to complete your profile. The processing of these personal data is necessary for the purpose of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), in order to verify your personal information. We also make use of information from third parties (e.g telematics providers, insurance providers, maintenance providers) to facilitate your participation in our rewards programme.  FlexClub stores your personal data for as long as you have an account and will delete your data within 1 week after you deactivate your account. FlexClub has a legal obligation to retain financial records (e.g., purchase and sales records or credit and debit accounts) for a period of 7 years.Fraud detection To prevent fraud and misuse, and to keep fraudsters, scammers and other (car) criminals away, FlexClub profiles your personal data for fraud detection, such as the personal data you provide during registration, communications you make through the site, including your postings on site pages, your activities on your account, payment preferences, online account preferences, payment details and history, contract duration, services delivered, contact history, website visits and sign up behaviour. Depending on the outcome of these (credit) checks, decisions may be made by automated means when you register for an account or when FlexClub detects that your account is being used in ways that fraudsters work. This means FlexClub may automatically decide that you pose a fraud risk, your behaviour is consistent with that of known fraudsters or you appear to have deliberately hidden your true identity. In that case, FlexClub may refuse, block (registration of) or limit your account.If we detect or we have reasonable grounds to believe that any fraud, scam or criminal activity is attributable to you, based on our profiling, we may process your personal data to prevent or limit your future use of our service. In that case, FlexClub may also provide your information to the competent authorities. Automated decision-making in the context of fraud and risk prevention is necessary for entering into, and performance of, a contract between you and FlexClub in relation to the use of the FlexClub Services. If, in these circumstances, you should object to the results of any automated decision to deny you access to the service, or to temporarily or permanently block or limit such access, you can contact FlexClub to request human intervention. If you want to opt out of automatic decision-making, let us know, although it may mean you cannot make use of the FlexClub Services as automated decisions are necessary to provide the services in a safe manner. For more information about your rights in relation to the processing of your personal data, please see below. In-car devices FlexClub, or a Vehicle Partner, installs a device on subscribed vehicles which records geo-location information. FlexClub and/or its relevant partner or supplier will log and retain information recorded by the in-car device, such as location, mileage and other aspects relating to the use of the car during a subscribed period. This information is used for safety, security, technical purposes, to facilitate your participation in our rewards programme, to prevent property offences if the vehicle is not returned within the agreed subscription period or is used outside the contractually agreed region, and to determine, verify and investigate car damages and accidents. The processing of these personal data is therefore necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), in protecting our vehicle fleet and our contractual and non-contractual rights and interests.We also use this information for other related purposes in order to provide and improve FlexClub’s products and services. For example, when we know where a car is located, we may inform Members of the cars nearby. We also use in-vehicle device location data to inform Uber drivers of better driving tactics to improve their revenue. The processing of these personal data is therefore necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR).The personal data is stored for a period of 5 years.Website analytics FlexClub also logs each visit to each web page on the site. The log may contain information such as the browser type you use, your Internet Protocol address, and the date and time of day of the visit. We may also log your cookie identification number and the URL of the last site you visited. This log information is important for security and quality improvement (e.g., to detect and remove any technical bugs), as well as for monitoring the proper performance of our platform. The processing of these personal data is therefore necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR). This log data is kept for a maximum of 14 days, after which it is deleted. For more information on the retention periods of analytical data, please consult our Cookie Policy.Data aggregation FlexClub may aggregate your personal data to create statistical data which it will then use to improve its products and services. This is data we collect about the use of the FlexClub platform or about a group or category of products, services or users which is not directly linked to you as a person (e.g., the number of subscriptions on the platform, the number of requests for a certain model of vehicle, or number of visitors to the site). FlexClub may compile aggregate information about the use of the platform and our Services to help us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Services. The processing of this personal data is therefore necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR).Promotional Messages FlexClub wishes to inform you on the developments of its services if you have signed up for our newsletters and other promotional messages. If, at any moment, you do not wish to receive newsletters or promotional message of FlexClub anymore, you can unsubscribe by using the opt-out option that is provided in every newsletter that FlexClub sends you. To subscribe you have to provide us with your email address. The processing thereof is necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), namely direct marketing. FlexClub may also send you personalized newsletters or communications via digital channels (e.g. WhatsApp, SMS) depending on among other things your place of residence, your account activity and behaviour, and whether you are a Vehicle Partner or a Member. For example, if you are a Member and have subscribed to a specific car, we may provide you with suggestions for other cars you may find interesting. We only send you personalised newsletters or promotional communications if you have given your consent to do so (Article 6.1(a) GDPR). FlexClub retains your email address for as long as you are subscribed to the newsletter and not longer than 3 months after you unsubscribe.Email tracking FlexClub includes email tracking and link tracking features in its newsletters and emails by embedding a small transparent image pixel in the outgoing email. If the email is opened, FlexClub has access to certain information, such as the name and surnames of the recipient, the recipient’s email address, subject of the email, date and time the email was sent, confirmation that the recipient received the email, confirmation that the recipient has opened the email after it has been received, timestamp of each email opening, the history of the times (number, date and time) the recipient has opened the received email, IP from which the email was opened, browser and operating system used by the recipient who opened the email, number of links included in the email, text and URL of such links, number of clicks made on each of them by the recipient, timestamp of each click on the link, IP from which the link was clicked on and browser and operating system used by the person who has clicked on the link. The processing of these personal data is necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), in order to analyse the reach and effectiveness of the emails sent by FlexClub. The information is retained for 1 month.Service mails We may also use your email address to send you service notices (not being marketing communications) required to provide the Services. For example, we may confirm a car subscription or inform you about the reservation of the car. The processing of your personal data in this context is necessary for the performance of a contract in connection with the use of our service to which you are a party (Article 6.1(b) GDPR).. FlexClub stores your personal data for as long as you have an account and will delete your data within 1 month after you deactivate your account.
Customer service To provide customer service FlexClub may collect and process your personal data to be of service to you and to respond to any questions you submit through email or the contact form on the website, including helping you with any issues which may arise regarding our website and/or services. 
The processing of these personal data is necessary for the purposes of the legitimate interests pursued by FlexClub (Article 6.1(f) GDPR), namely being able to serve you efficiently and to optimise FlexClub´s customer service. FlexClub will delete your personal data within 1 month after responding to your message or resolving your complaint.
Careers When applicants provide us with personal data, we will process such personal data for recruitment and selection purposes. The personal data and documents provided by you may include your contact details, CV and motivation letter. We may process this personal data to determine your eligibility for the vacancy for which you have applied or, in case of an open application, to determine your eligibility for a position within FlexClub. An assessment may be a part of the selection procedure. FlexClub has a legitimate interest in the aforementioned data processing activities (Article 6.1(f) GDPR), which includes the recruiting of suitable new staff that meet our high standards of service.
FlexClub stores applicants’ personal data during the recruitment and selection procedure. Your application data will be deleted (in the event of rejection) by FlexClub no later than 4 weeks after the end or completion of the application procedure. Only with your consent will FlexClub retain your application data for a period of 1 year in order to be able to inform you if a suitable position becomes available for you at a later date.
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How do we share your personal data?
Sharing with Other Parties in Subscription TransactionsFlexClub enables Vehicle Partners to offer their vehicles for subscription to Members. If you use FlexClub Services, FlexClub may provide your personal information to the other party (or parties) in that transaction as reasonably necessary to facilitate the subscription transaction. For example, FlexClub may provide your mobile phone number to facilitate communication or your photograph to facilitate identification.
Sharing with Vendors and Service ProvidersFlexClub may also share personal information with vendors and service providers who are engaged by or working with us in connection with the operation of our website and who need access to such information to carry out their work for us. In some cases, the service provider may be directly collecting the information from you on our behalf. FlexClub will choose service providers who give sufficient guarantees to protect personal data and implement appropriate measures to comply with applicable data protection laws. Service providers we make use of are: External hosting providers, including cloud providers for the storage and management of data;Third party vehicle fleet providers;Third party insurance providers;Third parties that provide tools for analytical purposes;Payment service and collection providers in order to process and collect your payments;Third parties that provide services with regard to credit checks, fraud detection (as described above) and tools with which FlexClub is able to verify the personal data you provided; Other specific tasks that have been outsourced, including IT support, customer service and email marketing.
Sharing with Other CompaniesIf FlexClub offers or promotes services in conjunction with another company, and you request those services (or additional information about them), you consent to us sharing your personal information with those parties. In those cases, we will only share the information reasonably needed to provide you with the applicable service, and you may withdraw your consent at any time. Information that is shared with third parties as described in this paragraph may also be subject to the privacy policies of those parties, which may differ from this Privacy Policy. FlexClub is not responsible for the acts or omissions of those third parties. We encourage you to become familiar with their practices before disclosing information directly to them.
Sharing with Insurance CompanyIn order to have the insurance company provide insurance coverage when you subscribe to a car, FlexClub or the Vehicle Partner shall share your personal data when you subscribe to a car with the insurance company. The data transfer to the insurance company is required in order to set up insurance coverage between you and the insurance company, to verify if you meet the requirements, the vehicle is not registered stolen or missing, and to verify your identity and ownership of the vehicle. The processing of your personal data in this context is necessary for the performance of a contract with an insurance company to which you are a party (Article 6.1(b) GDPR).
Sharing for Other PurposesFlexClub may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of FlexClub, our users, our employees or the public. That includes actions we may take to protect FlexClub or our users from fraudulent, abusive, inappropriate or unlawful use of our site or platform. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of FlexClub.You understand that when you use the site, information you post in your profile or in any other area of the site will be available to other users and in some cases may be publicly available.
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Do we transfer your personal data outside the European Economic Area?
‍Some of our service providers and vendors are located outside the European Economic Area (EEA), including South Africa, Mexico and the United States. To comply with EU data protection laws around international data transfers, FlexClub only allows service providers outside the EEA to process your personal data if they apply the European Commission’s Standard Contractual Clauses (Article 46.2(c) GDPR). For more information on where and how the relevant document may be accessed or obtained, please contact us.
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What are your rights?
‍Under the GDPR, you have a number of rights with regard to your personal data and the processing thereof:Right to access You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and additional information about the processing of your personal data.Right to rectification You have the right to request the rectification of inaccurate personal data concerning you.Right to be forgotten You have the right to ask us to erase your personal data (right to be forgotten) for example if the personal data are no longer necessary in relation to the purposes for which they were collected; you withdraws consent on which the processing is based, and where there is no other legal ground for the processing; or the personal data have been unlawfully processed.Right to restriction You have the right to obtain restriction of processing of your personal data, for example when you have contested the accuracy of your personal data.Data portability You have the right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where the processing is based on your consent or on a contract.Right to object You have the right to object to processing of personal data which is based on our legitimate interests. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you always have the right to object to processing of personal data for such marketing. In that case, we shall no longer process your personal data for such purposes. If you wish to opt-out of marketing and promotional emails, please contact us at support@joinflexclub.com. You may not opt-out of receiving service-related emails. Withdraw consent Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. You may send your request to privacy@joinflexclub.com. We will respond to your request without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. If we do not take action on your request, we will inform you without delay and at the latest within one month of receipt of the request of the reasons for not taking action. In that case, you also have the right to lodge a complaint with the supervisory authority and to seek a judicial remedy.

‍Complaints?
‍It is possible that, despite our careful approach, you have a complaint about the way FlexClub processes your personal data and/or the way we deal with your rights. In that case, you may also submit a complaint to the national data protection authority through their website.