The Controller of the users’ personal data is Traficar sp. z o.o. (limited liability company) with its registered office in Cracow, 7f Puszkarska Street, entered into the Register of Entrepreneurs of the National Court Register (KRS) under the KRS number: 0000592539, NIP (National Tax Identification Number): 6751529371, REGON (Business Registry Number): 363258160 (hereinafter referred to as Traficar).
This Privacy Policy stipulates the processing rules of personal data obtained by means of www.traficar.pl, hereinafter referred to as the Service, and Traficar mobile app; furthermore, it constitutes a Data Privacy Notice referring to personal data processing by Traficar as part of the conducted activity of car rental.
The GDPR is the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Personal Data Protection Regulation). The GDPR specifies the processing rules for the user’s personal data applied by Traficar.
Traficar appointed a Personal Data Protection Supervisor who can be contacted by telephone under the following number +48334861986 and by e-mail iod@traficar.pl. The Personal Data Protection Supervisor may be contacted in all the issues as regards personal data processing and exercising rights pertaining to data processing.
Using the Service and the mobile app:
Traficar exercises its best endeavours in order to respect the privacy of the users of Traficar services.
Using Traficar mobile app and and signing-up the user account is described in the Regulations of using Traficar service, available at this link.
Since the user uses the Service and the mobile app, Traficar collects data in the scope indispensable for providing the respective services, as well as information on the user’s activeness. The detailed rules and purposes of processing personal data collected at the time of using the Service and the mobile app by the user are described below.
Traficar collects information on the manner of using the Service and the mobile app by the users (including the IP address or other identifiers and information collected by means of cookies or other similar technologies). Such information is used in the following cases:
in order to provide e-services within sharing the content collected in the Service and in the mobile app with the users – then a legal basis for processing is the necessity of processing for the performance of the contract,
for analytical and statistical purposes, a legal basis for processing is the legitimate interest of Traficar consisting in conducting the analyses of the users’ activeness and their preferences in order to improve the functionalities used and the services provided;
in order to conduct marketing within the products and services provided by Traficar and in order to present a proper offer, advertisement and promotion, also through profiling to determine user’s preferences or needs – and a legal basis for data processing is the legitimate interest of Traficar.
The user’s activeness in the Service and in the mobile app, including its personal data, are registered in system logs. The information collected in logs is processed primarily for the purposes connected with services provision. Traficar processes it also for technical and administrative purposes, for the needs of ensuring the IT system security and managing this system, and also for the analytical and statistical purposes – within this scope, a legal basis for data processing is the legitimate interest of Traficar.
Traficar processes users’ data provided in the contact form for the purpose of providing answers to the inquiries placed, and such data will be processed based on the consent for data processing for the purpose of providing an answer, and also based on the legitimate interest consisting in the communication with the user, handling its inquiry, and also for analytical and statistical purposes (keeping the statistics of inquiries submitted by users in order to improve the functionalities of the Service and mobile app) and in order to defend against possible claims. The data provided in the contact form will be processed for the period indispensable for giving an answer to the inquiry submitted; however, not longer than for the period of 6 months from the date of the last contact, unless longer processing will be indispensable for the defence against possible claims.
The data provided as of signing-up for the newsletter (e-mail address) are used for the purpose of sending the newsletter and a legal basis for their processing is a consent given by means of providing an e-mail address for this purpose. The data will be processed for the time of the newsletter functioning, unless the user resigns earlier from receiving the newsletter. Nevertheless, resigning from receiving the newsletter does not lead to data deleting from the base. The data will be still kept in the mailing system for the purpose of defending against possible claims connected with newsletter sending, in particular for the purposes of indicating the provision of consent for receiving the newsletter, which constitutes the legitimate interest of Traficar.
Providing personal data for the purpose of newsletter sending and in the contact form is voluntary and it is not indispensable for concluding and performing contracts with Traficar.
If the user provides any personal data of third persons (including first and last name, address, telephone number or e-mail address) in the Service or in the mobile app, it must not infringe the rights and personal rights of such persons.
The information collected by Traficar in relation to the use of the Service and the mobile app may be processed by automated means, including the form of profiling, nevertheless this will not cause any legal effects for the users and it will not affect their situation. In particular, automated processing, profiling and any other data processing for statistical needs will take place based on the anonymised data.
Traficar may disclose the user’s data to the suppliers based in a third country as regards the use of the tools employed for statistical, reporting and advertising purposes, which store personal data on the servers located in third countries, in particular, in the USA. The suppliers of these tools guarantee a proper level of personal data protection by applying conformity mechanisms provided for in the GDPR, in particular, by joining the Privacy Shield programme or by using standard contractual clauses. The suppliers of these tools do not use the collected data for identifying a user and do not connect such information to enable identification.
The remaining rules concerning data processing in the Service and in the mobile app are presented below.
Providing car rental services:
Traficar processes the following personal data categories: first and last name, address of residence, telephone number, e-mail address, PESEL (Polish Individual Identification Number), date of birth, sex, data included in the driving licence document, number and expiry date of identity document in the event of foreigners, location and route of travel, transaction history, user’s bank account number, NIP (National Tax Identification Number), address of conducted business activity, company name.
User’s data will be processed for the following purposes:
concluding and performing a vehicle rental contract and providing e-services, also by means of access to the mobile app, presenting the vehicle rental offer at the user’s request before concluding the contract, and a legal basis for data processing is the indispensability of data processing for the performance of the contract;
implementing the legitimate interest of Traficar consisting in:
securing the property entrusted by Traficar, in particular, for the purpose of localising the rented vehicle in the event of its loss, takeover or theft and verifying the due performance of the contract by the Renter,
determining and seeking claims or defending against claims,
protecting Traficar against abuses, in order to verify the user’s identity and the user’s driving licence,
surveying the quality of the services rendered by Traficar by means of e-mail or telephone contact with the user,
conducting marketing within the products and services provided by Traficar and presenting a proper offer, also through profiling, to determine users’ preferences or needs;
conducting analyses and reports for statistical purposes.
marketing of the products and services of Traficar Strategical Partners, based on the user’s consent; providing data is voluntary and it is not indispensable for concluding and performing contracts with Traficar. The List of Traficar Strategical Partners and their offers and special offers are available in the “Special Offers” tab at Traficar website and in the mobile app;
verifying the user’s payment trustworthiness in Krajowy Rejestr Długów Biuro Informacji Gospodarczej S.A. (KRD BIG), and such verification will be carried out in order to enter into contract and based on the legitimate interest of Traficar, aimed at verifying a client before concluding a contract (see more in item 27 below);
fulfilling legal obligations imposed on Traficar, in particular, tax provisions, accounting provisions as regards the storage of tax and accounting documents.
Data storage period:
Personal data will be processed in the contract term until the account is deleted from the service. A personal data storage period may be extended at each time with a claim limitation period if personal data processing is indispensable for seeking possible claims or for Traficar defending against such claims;
In the event of data processing based on the obtained consent – data will be processed for not longer than 3 years from the date of the last marketing contact;
In the event of data processing based on the legitimate interest for marketing purposes – data will be processed for the period of the existence of the legitimate interest of Traficar, nevertheless, not longer than 3 years from the last marketing contact; unless the user opposes against data processing for marketing purposes;
In the event of processing data indicated in the driving licence and data provided with the verification fee by the institution keeping a bank account assigned to the payment card provided by the user – such data will be processed for the period of two working days;
In the event of data processing due to the legal obligations imposed on Traficar – until the expiry of the data storage obligation arising from the legal regulations;
In the event of the service quality survey, data will be processed for this purpose not longer than for the period of 1 month from the user’s finishing of the last vehicle rental.
Providing personal data is voluntary but indispensable for concluding and performing contracts between the user and Traficar. Providing personal data for marketing purposes is voluntary and it is not indispensable for concluding and performing contracts with Traficar.
The user is entitled to complain to the supervisory body, i.e. the President of the Personal Data Protection Office.
The user has the right to access the data content and rectify them, delete or limit processing, as well as the right to oppose, demand ceasing the data processing and the right to transfer the data. The above rights may be exercised by contacting the Personal Data Supervisor.
If a basis for the user’ personal data processing is the user’s consent, the user may withdraw its consent at any time, however, it will not affect the conformity with the processing right, which was exercised based on the consent before its withdrawal. Such a consent may be withdrawn by contacting the Personal Data Supervisor.
The user’s data may be disclosed to entities processing personal data on behalf of Traficar, that is to entities rendering services to the benefit of Traficar, connected primarily with customer service (including the technical hotline and technical department), debt collection, marketing activities, public relations, non-cash payment operator cooperating with Traficar, for payment purposes, to Krajowy Rejestr Długów Biuro Informacji Gospodarczej S.A. and to HOLDING 1 S.A in the event of expressing consent to data processing for marketing purposes by this entity.
The user’s data will be disclosed to EXPRESS sp. z o.o. sp.k. for the purpose of fulfilling the legitimate interest of said entity, consisting in indicating to competent bodies a person who is obliged to pay an additional fee specified in Article 13f of the Act on public roads and fulfilling by this entity a legal obligation pursuant to Article 78.4 of the Act on Public Traffic Law. The above is applied in a situation when Express sp. z o.o. sp. k. provides a vehicle for use by Traficar sp. z o.o., which is authorised to return the vehicle to the benefit of the user. The privacy note of EXPRESS is available at .
The operating parameters of the vehicle or its subassemblies, i.e. speed, using brake and acceleration pedals, drive dynamics, speed and frequency of gear change, overloads, accelerations and functioning of safety systems will be used for preparing the user profile of Traficar service and its profiling. The above data processing is an integral part of the service and it is indispensable for implementing the contract. In addition, the purpose of processing these data is increasing the user’s safety and other users of road traffic, reducing possible costs of the use of the rented vehicles against the regulations and seeking claims connected with the conclusion and performance of the contract by Traficar and defending against such claims submitted against Traficar, and a legal basis for data processing is the legitimate interest of Traficar. Said data may affect the performance of the current and future service by Traficar, in particular, the possibility of refusing the performance of services by Traficar, pursuant to the provisions of Traficar Services Regulations. The collected data will not be used for the automated decision-making.
Traficar is entitled to verify the user’s payment trustworthiness in collaboration with Krajowy Rejestr Długów Biuro Informacji Gospodarczej S.A. (KRD BIG). Traficar is entitled to condition the conclusion of the contract with the user on the verification of the user in KRD BIG. A basis for verifying the consumer’s payment trustworthiness by applying to KRD BIG for disclosing economic information, is an authorisation given by the consumer. Such authorisation is given by expressing consent by the user for verifying its payment trustworthiness in KRD BIG. A legal basis for the above activity is Article 24.1 of the Act on the provision of economic information and the exchange of economic data. If the consumer does not authorise verification, Traficar has the right to refuse to conclude the contract with the user. In order to obtain information on the user’ payment trustworthiness, Traficar will process the user’s PESEL (Polish Individual Identification Number) and NIP (National Tax Identification Number). Traficar is entitled to store the obtained data up to 90 days from their obtaining.
