Legal
Terms & Conditions
Effective from 14th February 2022
- Acceptance of Terms and Conditions
These Terms as may be amended from time to time, apply to the use of our eCabs App. By accessing, browsing and using our eCabs App, you acknowledge and agree to have read, understood and agreed to the Terms set out below which shall also include the privacy policy.
We will notify you by email or through a notification on the eCabs App in the event that we make a significant change to these Terms. You will be deemed to have accepted such change if you keep on using the eCabs App.
- Definitions
“Account” means the account that each User must apply for to use the eCabs App to access cCabs Services.
“Booking” means a booking made by a Passenger for Services via any of our booking channels.
“Driver” mean a driver who has completed the registration for drivers and is accepted by us to participate as a Driver. This definition shall extend to any licenced fleet operator whose employees or authorised personnel may legally carry out Transport Services by using the Account.
“Drop-off” means the location of arrival for the Passenger/s indicated to us when requesting a trip
“eCabs” means eCabs Operators Limited a private limited liability company, registered in Malta (Company Registration Number C63326), whose registered office is situated at 4, Salvu Aquilina Street, Mosta (the ‘Company’). Throughout these Terms any reference to the terms ‘us’, ‘we’ or ‘our’ will be a reference to the eCabs.
“eCabs Circle” means our loyalty scheme.
“eCabs Services” means the services that eCabs provides, including provision, use and maintenance of eCabs App, the Platform, Payment Method, customer support, communication between the Driver and the Passenger and other similar services.
“eCabs App” means the smartphone and/or any portable device and/or any web application/s for Drivers and Passengers to request/receive/offer Transport Services. This includes both the passenger application and the driver’s application. The reference to the eCabs App shall also include the use of any other booking channel provided by eCabs which shall include but shall not be limited to phone bookings, walk-in office bookings and via email or other social media.
“Free Ride” means a ride at no charge to the Scheme Member which shall be capped at a maximum value set by eCabs in its sole discretion. Any excess shall be paid by the User.
“Operators” – Drivers in possession of an Operator’s licence issued by Transport Malta.
“Pick-Up” means the address stated by the Passenger at the time of making the Booking as the address from which the Vehicle shall collect the Passengers.
“Passenger(s) “you”, “your” or “yours” means the customer using or booking a Transport Service through our eCabs App or any other channel.
“Payment” means the fee a Passenger is obliged to pay Driver for provision of the Transport Services which shall be inclusive of VAT if applicable and/or any other applicable tax due as determined by us from time to time which includes payment for the eCabs Service.
“Payment Method System” means cards, carrier billing and other payment methods used by the Passenger using the eCabs App to pay for a Transport Service which includes our eCabs Service.
“Platform” means the technology connecting Passengers with Drivers to assist them to travel between locations of their choice.
“Points” means loyalty points accumulated as a Scheme Member calculated on money spent.
“Potential Customer” means a customer who has not made use of eCabs services since January 2020.
“Referrer” makes reference to an existing eCabs client who is sharing their referral code.
“Referee” makes reference to a person who is not an existing eCabs’ client and receives the referral code from the Referrer.
“Referral” makes reference to the act of referring someone to become an eCabs customer and being rewarded for it.
“Referral Code” makes reference to a unique identification code used by a Referrer to share with a Referee, which code is used to measure the attribution of the Referral.
“Scheme Members” are members of eCabs Circle.
“Terms” means these terms and conditions.
“Tiers” means different levels which attract different Points per Trip.
“Transportation Service(s)” means Light Passenger Transport Services, Chauffeur Driven Services and Passenger Transport Services carried out by Drivers.
“Trip” means a Transport Service offered by a Driver taking Passenger/s from their Pick-Up point to their Drop-Off point.
“User/s” means anyone who downloads the eCabs App.
“Vehicle” means a Vehicle used to carry out Transportation Services.
“Waiting Time Charge” means a charge for the excessive time spent by the Driver waiting for the Customer to board the Vehicle at the Pick-Up point.
- Who we are?
We are an intermediary booking service platform whereby Transport Services may be booked by Passengers from Drivers. By means of Licence Number BPS002, we are authorised by Transport Malta to operate as a booking platform in terms of L.N. 366 of 2020. We have an office established in Malta where all booking data shall be kept. We offer the service of connecting Passengers with Drivers to move around between locations of their choice.
- Scope of our Service
Through our eCabs App, we provide an online platform through which Drivers can reach out to Passengers to offer their Transport services and through which Users of the eCabs App can be provided with such Transport Services. We act solely as a channel of communication between You and the Driver, transmitting the relevant details to the relevant driver and sending you a notification for and on behalf of the relevant driver(s).
You acknowledge that your ability to obtain Transport Services through the use of the eCabs App does not establish us as a provider of transportation.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable right to access and use the eCabs App on your personal device solely in accordance with these Terms, the privacy policy and the applicable app-store terms. You may not transfer or assign this right to use the eCabs App.
- Relationship with Drivers
We have separate terms and conditions governing our relationship with Drivers. In turn each Driver may provide his own terms and conditions for the transport of passengers that govern the transport service provided. You are to note that Transport Service provided by Drivers is provided in their own independent capacity as Operators. It shall be the responsibility of such Operator to provide you with a fiscal receipt. eCabs shall provide you with a statement at the end of your trip.
By using eCabs App, you enter into a direct legally binding contractual relationship with the Driver for the provision of Transport Services. Any issues or disputes that may arise in connection with the Transport Service provided by Drivers is to be resolved by the Passengers and Drivers. We will provide you with relevant data concerning Drivers on our eCabs App.
Complaints or claims in respect of the Transport Service are to be dealt with by the Driver. We are not responsible for and disclaim any liability in respect of such complaints, claims and liabilities.
- Use of the Service
In order to use the eCabs Services, you are to register for and keep an active Account. It is necessary that you be at least 18 years of age to obtain an Account. We require you to provide us with certain personal information, such as your name, address, mobile phone number and age and at least one valid payment method supported by us. This information is to be kept accurate, complete and up-to-date in your Account. Unless you do so, you might be unable to access or use the eCabs Services.
Unless permitted by us, you may only possess one Account.
You agree to comply with all applicable laws when accessing or using the eCabs Services and you may only access or use the eCabs Services for lawful purposes.
We may contact you by email or push notification, phone, text messages at any of the phone numbers provided by you or on your behalf in connection with an eCabs account.
- Payment
You will be charged for making use of the eCabs Service. The charges will be all inclusive of VAT where applicable.
Payment is effected either through payment to the driver directly (in cash) or else through our Payment Method System. If you choose to pay through the latter means, charges and payment will be enabled by us by using the preferred payment method that you would have chosen in your Account.
If for any reason we are unable to effect payment through your preferred method of payment, we will use a secondary payment method indicated in your account, if any. Charges paid by you are final and non-refundable, unless otherwise determined by us on a case by case basis.
By providing a Payment Method Service, we collect payment on behalf of the Drivers. Your obligation to the Driver will be fulfilled when the payment order is given to transfer funds to our bank account and is completed. You, as a Passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available. When making payments by the in-App payment service, we receive your payments and forward money to the Driver. In this respect, you may be asked for additional information to verify payment method.
You are to note that when making use of the Payment Method Service, there may be third-party payment costs. We are not responsible for such costs and disclaim all liability in this regard. Moreover, your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider.
Our responsibility is limited to the functioning of the Payment Method Service and we provide support in resolving problems. The resolution of disputes related to the in-App payment service also takes place through us. For payment support service please contact: [email protected]. We will endeavor to reply to inquiries submitted by e-mail or through eCabs App within a reasonable time.
- Ordering and cancelling a Transport Service
An order for Transport Service is complete when you place an order and the Driver has agreed to undertake that order, whereupon you will enter into a separate agreement with the Driver for the provision of Transport Service on such terms and conditions as may be agreed to with the Driver.
At booking stage, the Passenger shall be given the price of the trip based on the type of Vehicle, route, Pick-up and Drop-off location which shall include any intermediate Pick-ups or Drop-offs. Subject to Waiting Time Charges this price shall remain unchanged provided that the Passenger makes no changes to the Booking. Extra Stops shall be €3 per stop in the same zone. In different zones different charges may apply. Obtaining consent from the Passenger shall be necessary for such amendment.
We reserve the right to charge the Passenger a surcharge for all journeys made during the festive season or on any date which we deem to be particularly busy.
No Show Bookings – on Account: “No Show” trips are bookings where the driver arrives on location for pickup but finds that the passenger is not there to be collected. Since the service has been rendered on eCabs’ side, with a driver and vehicle committed to the booking and arriving at pick-up, the trip will still be charged. With the mandatory requirement of capturing a contact number for a booking, and the client receiving a confirmation of their booking with the ability to cancel the trip at any time, we cannot accommodate waiving “No Show” trip charges.
Group Bookings: Unless We are advised beforehand, the full agreed price applies should the number of passengers be reduced.
If you cancel the use of an ordered Transport Service, that is, if the Driver has accepted your request and you subsequently reject, cancel or refuse the Transport Service, then that request is deemed cancelled and you will be required to pay a penalty fee as specified in the eCabs App which penalty fee differs depending on the time period within which you cancel the Transport Service.
When the Driver notifies you about the arrival of the Vehicle to its destination and Passenger does not arrive at the vehicle within a certain time period as specified in the eCabs App, the request will also be deemed cancelled and the consequences described herein shall similarly apply.
You are to note that sometimes the relevant Driver may decide to cancel your request. You agree that we are not responsible for such situations and we will incur no liability whatsoever in respect thereof.
We reserve the right in our sole discretion to block your Account either temporarily or permanently in the event that you cancel a Transport Service frequently or in successive instances.
You agree that once the Driver arrives and sends you receive a notification that he or she has arrived the eCabs App may impose a Waiting Time Charge. We shall apply waiting time per minute as follows: Cars: €0.35 per minute / Vans: €0.50 per minute and Executive: €0.50 per minute. A grace period of five (5) minutes shall be afforded to the Passenger to board the Vehicle, in which case the waiting time shall be waived.
Flight Arrivals shall have a Grace Period of thirty (30) minutes applied after the flight lands. The official landing time shall be that provided by Malta International Airport website.
Ferry Arrivals shall have a Grace Period of thirty (30) minutes applied after ferry berths. The official arrival time shall be that provided by Virtu Ferries Ltd or Ponte Ferries Ltd.
Passenger shall receive a full refund should the cancellation occur prior to the Driver being dispatched. It shall remain at our discretion whether to issue a refund at all.
- Liability, Disclaimer and Indemnity
Subject to the limitations set out in these Terms and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to a breach of our obligations in respect of the eCabs Services.
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or others involved in creating, sponsoring, promoting, or otherwise making available the eCabs App and its contents will be liable for
(i) any consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the information concerning the Transport Service provider as made available on our eCabs App,
(iii) the Transport Service rendered or offered by the Driver,
(iv) any direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our eCabs App, or
(v) any personal injury, death, property damage, or other direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, for any reason attributable to the Transport Service provider or us, unless by reason of our gross negligence or willful misconduct.
We are not responsible and disclaim any liability for the use, availability, validity, quality, suitability, fitness and due disclosure of the Transport Service and make no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.
You acknowledge and agree that the Driver is solely responsible and assumes all responsibility and liability in respect of the Transport Service including any warranties and representations made by the Driver.
eCabs App is provided on a “tale quale” basis and “as available” basis. We do not represent, warrant or guarantee that access to eCabs App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them shortly. However, the functioning of the eCab App may be restricted due to occasional technical errors and we are not able to guarantee that the eCab App will function at all times.
Notwithstanding anything contained herein, our liability to you in respect of these Terms or howsoever otherwise arising in relation therewith shall be limited to two hundred Euro.
You agree to fully indemnify and hold us, our representatives, employees and directors harmless from any claims or losses including liabilities, damages, costs and expenses of any nature that they suffer as a result of your use of the eCabs App including the journeys you obtain through your use of the eCabs App.
We reserve the right to immediately end your use of the eCabs App if you breach these Terms or we consider it necessary to protect our integrity or the safety of Drivers. This is without prejudice to any other remedy that we may have at law or in line with these Terms.
- Passenger’s good practice
You are to pursue any matters arising concerning defects or quality of the Transport Services with the Driver or the relevant public authority.
You may give us your feedback through the eCabs App.
You are expected to use the eCabs Apps in good faith and to act in a respectful manner towards the Drivers. In the event that you violate these Terms or act maliciously, we reserve the right to close your Account without prior notice. This is without prejudice to any other remedy or right we have hereunder by law.
We will use our best endeavours to ensure that Drivers are respectful towards Passengers and provide a professional transport service. We encourage drivers to follow our Passenger Charter however, we cannot guarantee this in respect of every Driver located through the eCabs App.
- Our obligations as booking platform
You agree that we shall collect, process and store your booking data as required by law. This shall include names and surnames, pick up point, email address date and time, destination, geolocation and telephone/mobile numbers and any other information necessary for the carrying out of the service. All information is stored and processed in line with our privacy policy.
You agree that we shall share such information if required to by Transport Malta or any other relevant authority.
We shall at all times make available to the Passenger during a Trip and through the provision of the Transport service the name and other contact details of the Driver who is/shall ultimately provide the service.
You hereby agree to our Privacy Policy and confirm and hold eCabs harmless for any claims made for our handling of personal data of a Passenger when booked by a User. When a User makes a booking on behalf of a Passenger, eCabs shall assume consent for processing and storage of data of such Passenger for which the User shall remain at all times responsible to such Passenger.
- Loyalty Scheme
All eCab App users registered as from Monday 14th February 2022 automatically participate in eCabs loyalty scheme named eCabs Circle. Those users who registered prior to the 14th February 2022 may still decide to opt-in to eCabs Circle. eCabs Circle is exclusively restricted to eCabs Users.
Conditions
eCabs Circle is available to any natural person who meets the requirement of using the eCabs services.
- By downloading and installing the eCabs app, You immediately benefit as a Scheme Member
- Should a Scheme Member abuse of eCabs Circle or provide inaccurate details, eCabs shall have the right to terminate his/her subscription without prejudice to recovering any benefits provided to the Scheme Member and to any other recourse against such Scheme Member.
- A Customer may sign up to Circle by downloading the eCab App, effecting a booking over the phone, via email or in person at one of eCabs booking offices.
- Participation to the eCabs Circle is a privilege granted to Scheme Members, and as such can be suspended, revoked, or terminated at any time by eCabs for any reason and without giving reason.
- The Scheme may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. In the unlikely event that one of the aforementioned situations arises, eCabs shall not be held responsible for any unavailability, interruptions or errors of the Scheme.
Points
- Points due do not accrue for Account bookings.
- Points only accrue on completed Trips for which payment has been made.
- Points shall only accrue for the Customer, and any booking made by a Customer for a Passenger shall not result in any accrual of Points for the Passenger.
- Scheme Members accrue points for every euro spent, which Points shall be calculated according to the Tier they are in at the moment of the transaction.
- Points have no monetary value; they cannot be exchanged for cash.
- Points are not transferable.
- Points expire after twelve (12) months from the date of their accrual.
- Points are not earned on unpaid or free rides.
- Points can be revoked if a ride, for which points were earned, is refunded.
- eCabs, in its sole discretion, may run promotions that allow you to earn Points or other benefits. The requirements to earn Points or other benefits in this manner will be specified in the promotional materials and eCabs may place additional terms and conditions on Points earned through such promotions.
How to Redeem Points
- Once a Scheme Member reaches a determined threshold of points, a Free Ride will be automatically applied to the next trip booked through the App, Phone/Email/Walk-in channels, on standard trips only. This threshold and conditions can be modified by eCabs at any time, in its sole discretion.
- Points cannot be redeemed on trips booked through the Website.
- The Free Ride is mandatory and cannot be combined with any other offer or promotion.
- The Free Ride is valid for 15 days. following which, the Free Ride will be forfeited.
- eCabs reserves the right to correct or modify Point amounts at any time at its sole discretion.
Tiers
- eCabs Circle offers various Tiers based upon the number of trips completed within a period of 6 months since the date of enrollment to the Scheme.
- Each Tier comes with its own Point boosters and rewards, defined by eCabs. The available Tier rewards and Point boosters may be changed without prior notice.
- Each Scheme Member automatically advances to the next Tier by completing a minimum number of trips, defined at eCabs sole discretion.
- Every six months from becoming a subscriber to Circle, the Scheme Member status within the Tier is evaluated and rides are zeroed; the Scheme Member will remain in the reached Tier unless the trips taken during the six months period were inferior than the minimum required to access that particular Tier. If the trips taken were inferior than the set threshold, the Scheme Member will be demoted by one Tier.
Scheme Members can view their status and Points via the eCab App. Alternatively, on successfully identifying themselves an agent can furnish them with such details over the phone by calling our 24/7 contact center on +35621383838.
When a User requests for their Account to be deleted, they will lose all Points and benefits related to eCabs Circle.
- eCabs Referral Rules
eCabs Referrals may be switched on or off at any time at eCabs discretion. Should eCabs Referrals be available at the time of reading, the following terms apply.
By accepting and sharing your eCabs referral code or by signing up with a referral code, you are agreeing to be bound by these rules Travel Conditions. Any violation may lead to the deactivation of your account.
eCabs reserves the right to seek legal redress against any fraudulent activity and seek damages which may far outweigh the monetary gain potentially defrauded.
- Who is eligible to be an eCabs Referrer?
Any User can be a Referrer who (a) is a legal resident of Malta, (b) is of legal age, and (c) has an eCabs account in good standing. Referrers cannot have more than one eCabs account.
- Who is eligible to be a Referee?
Your family, your friends and any other person you know may be eligible to be Referees, however this cannot be yourself. To receive a Referral Reward for referring someone who orders services through the eCabs App, your referee/invitee must:
(a) be a new eCabs user
(b) meet the eCabs Terms and Conditions, and
(c) sees through all the actions required for the Referral to be deemed completed including the actual completion of a trip.
Referrers cannot request themselves as a rider within any newly created, fictitious or fraudulent accounts by creating duplicate/multiple accounts, claim false fees or charges, manipulate trip details, or do anything else prohibited by eCabs General Terms & Conditions which may be updated from time to time.
- How can I use my referral code?
eCabs has the right to limit and change the number of times you use or share your referral code based on these Rules and all other terms and conditions. To see if your code has a limit, refer to the details found in the “Invite Friends” tab within the eCabs App.
eCabs wants you to share your referral code, which may only be done through the App, and earn Referral Rewards. However, referral codes must only be used responsibly. This means that you can only share your referral code with people you know. Referral codes cannot be used for commercial purposes.
You agree that you will not:
1 – Promote by any digital or other means, duplicate, sell, transfer or make available to the general public your referral code in any manner, other than that permissible directly through the eCabs App. Printing it on cards/fliers, posting it on a website or any social media platform or other forms of digital platforms is not permissible;
2 – Try to get referees/invitees by spamming, bulk emailing or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;
3 – Use, display or manipulate eCabs intellectual property (such as logos, trademarks and copyright-protected works) in any way and on any platform, except to identify yourself as an eCabs user or referrer;
4 – Make misleading or unlawful claims about eCabs, use offensive/abusive content, create fake websites/web pages/social media profiles/apps, misrepresent your relationship with eCabs, or otherwise make any false or misleading statements to capture a referee/invitee to use your code;
5 – Use your referral code in any manner that violates Maltese law or the rights of anyone else.
- How do I earn my Referral Reward as a referrer/inviter?
Subject to you and your Referees following these “Rules, and you having an activated eCabs account, you should receive your Referral Reward after your Referee uses your code to sign up with eCabs and completes the requirements for the particular Referral Reward. The specific reward details may be found in the “Invite Friends” section within the eCabs App. Cancelled trips do not count towards the minimum requirements.
Referral Rewards are discretionary, and the amount of a Referral Reward and the requirements to get it can vary from time to time. As a result, if your referee/invitee signs up after terms are changed, they may receive a different referral offer from the one stated in your invitation and you may receive a different Referral Reward than you thought.
eCabs reserves the right to change the limit on the number of times you can use your referral code. The requirements for receiving, and the amounts of Referral Rewards are subject to change at eCabs sole discretion. Referral Rewards are not transferable, have no cash value and may expire.
- How can I earn a Referral Reward as a referee?
A Referee may get a discount the first time they use the eCabs application. The amount and form of the discount will be shown in their invitation which remains entirely at eCabs discretion.
- Termination and changes
eCabs reserves the right to change, end or pause, in whole or in part, any referral programme, as well as any Referrer or Referee’s ability to participate in any referral programme or receive Referral Rewards at any time for any reason, including but not limited to suspected fraud (including by either the referrer and/or referee), abuse or any violation of these Rules. If eCabs ends any referral programme, any unused or unredeemed Referral Rewards will be forfeited at that time. eCabs has no obligation of giving reasons for ending, suspending or altering this Referral Programme or any other programme or scheme and no user whether Referrer or Referee or otherwise shall be entitled to compensation for eCabs decision to end, suspend or alter any referral programme.
Continued participation in any referral programme or loyalty scheme after any update will mean that you have agreed to the update.
- Final Provisions
The Terms will be governed by and construed in all respects in accordance with the laws of Malta. Any dispute concerning the interpretation or enforcement of the Terms shall be subject to the exclusive jurisdiction of the Maltese Courts.
Nullity of one of the provisions or paragraphs thereof in these Terms shall not affect the applicability of the other provisions or other paragraphs. In such a situation, the null and void provisions or paragraphs thereof shall be replaced by new provisions or paragraphs, the contents, scope and objective of which correspond as far as possible with the old, null and void, provisions.
eCabs Privacy Policy
Last updated: April 15, 2022
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy in general or any part of it, you should not access the Websites, the App or use our services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means the account that each User must apply for to use the eCabs App to access our Services.
Application means the software program provided by the Company downloaded by You on any electronic device, named eCabs App
Company (referred to as either “eCabs”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to eCabs Company Limited (Company Registration Number C63326), 4, Salvu Aquilina Street, Mosta. For the purpose of the GDPR, the Company is the Data Controller.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Facebook Page is a public profile named ‘eCabs’ specifically created by the Company on the Facebook social network, accessible from www.facebook.com/eCabsMalta
Group Company means an entity that forms part of the eCabs Group.
Personal Data is any information that relates to an identified or identifiable individual as outlined in ‘Types of Data Collected’ below
Service refers to the Application or the Website or both. Service shall include the term ‘eCabs Services’ as defined in the Terms and Conditions.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors. This shall include third party Drivers.
User refers to anyone who downloads the eCabs App.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to www.ecabs.com.mt
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address and other booking way points
- Credit Card information in order to pay for products and/or services within the Service
- Device Token and Usage Data
- Advertising identifiers from device
- Passenger information such as Name, Surname and Phone Number.
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
- Date of birth
- Passport or National ID card
- Bank card statement
- Other information linking You to an address
When a booking is confirmed, details are recorded securely on the eCabs booking system which is hosted by a third party. This data is held on the eCabs server, which is hosted by a third-party who is bound by the same data protection duties and GDPR law as is eCabs. Such data may be anonymized.
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
- Information regarding your location
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
When you use one of Our location-enabled services, we may collect and process information about your actual location. Our services require your personal location data for the feature to work. Your consent can be withdrawn at any time by switching off the location-based services on your Device however we cannot guarantee that We will be able of offer the Service. If you require further details of how we use location-based services, you can request such information by contacting our Data Processing Officer on [email protected].
- Loyalty Scheme
When using Our Application, you benefit from our loyalty scheme (“eCabs Circle) meaning you authorise us to process and store your data necessary for the functioning of the loyalty scheme. This shall be limited to the information your supplied when signing up following the installation of the Application.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available here.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: Cookies by TermsFeed Generator.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service and the ensuring that the content on Our site and Application are presented in the most effective manner for You and your device.
- To manage Your Account to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the carrying out of Our obligations arising from any booking you have made with Us which may include the sharing of such data with third party processors.
- To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with information, products or services that you request from us or which we feel may interest you, where (if required to do so) you have consented to be contacted for such purposes unless You have opted not to receive such information.
- To manage Your requests by creating records of bookings and to sending You booking acknowledgments, confirmations, invoices and statements.
- To deliver targeted advertising to You We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
- For business transfers We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
- For our loyalty scheme known as eCabs Circle or as renamed from time to time and for insurance purposes
- To notify you about updated and changes to Our service.
- To meet customer service requirements and for complaint handling and feedback
We will only contact you by electronic means (e-mail or SMS) with information about updates, goods and services similar to those which We have previously supplied to you. If you do not want us to use your data in this way, please let We know by contacting our Data Processing Officer on [email protected]. We may also use and analyse the aggregate (collective data that relates to a group or category of services or customers, from which individual customer identities or characteristics have been removed) information collected through the analytics provision so that We can administer, support, improve and develop their business.
We only work with trusted partners and authorities. We only share when there is a proper reason to do so. We limit sharing to only that which is required. We do not sell your personal information.
We may share Your personal information in the following situations:
- With Third Party Providers to provide the service such as with drivers and fleet operators. These shall include services providers relating to payment processing, storage, marketing agencies, professionals, social media platform providers for our own marketing and research partners.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Group Companies: We may share Your information with Our Group Companies, in which case we will require those Group Companies to honor this Privacy Policy. Group companies include companies which We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
- Legally Bound to do so: if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, process or request or in order to enforce or apply our terms and conditions and/or any other agreements; or to protect the rights, property, or safety of the Company, our customers, or others (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
In order to determine the retention period of your Personal Data, we consider several criteria so that your personal data is not kept for longer than necessary. Such criteria include but are not limited to;
- the reason we hold your personal data;
- statutory obligations including the Laws of Malta and Transport Malta Regulations (we also adhere to any financial reporting obligations);
- whether we deem you to be a regular client, which classification is based on the services you request from us, whether you have chosen to receive our marketing communications and whether you have our App installed;
- whether you are no longer actively participating or engaging with us and whether you have requested Us to delete or alter your data; and
- our legitimate business interests in relation to managing our own rights, for example the defence of any claims.
We will retain your information as follows:
In case of payment disputes, data will be retained until the claim is satisfied or the expiry date of such claims.
- your user profile and account information (including your technical usage data), for as you have an active passenger account or 3 years after you last use our services. If we close your account, user data will be deleted in terms of our retention policy, unless such data is still required to meet any legal obligation, or for accounting, dispute resolution or fraud prevention purposes.
- In case of payment disputes, data will be retained until the claim is satisfied or the expiry date of such claims.
- records of bookings, lost property and complaints for a minimum of 12 months or as per statutory requirements.
- Data required for other accounting purposes will be stored for ten years after the last journey.
- In the event of a suspected criminal offence, fraudulent activity or false information having been provided, all data will be stored for up to 10 years.
Storage & Transfer of Your Personal Data
The data that we collect from you may be stored on the eCabs servers situated inside the European Economic Area (EEA). Where necessary it may be transferred to third parties for processing in line with our agreements with such third parties. We require all third parties to whom we disclose personal data to enter into a contract with us which includes stringent confidentiality obligations.
Your data may also be processed by staff who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and relevant regulations. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Apple Store In-App Payments
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
Behavioral Remarketing
The Company uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:
- Measure and analyze traffic and browsing activity on Our Service
- Show advertisements for our products and/or services to You on third-party websites or apps
- Measure and analyze the performance of Our advertising campaigns
Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:
- The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.
We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.
The third-party vendors We use are:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Youtube
Their Privacy Policy can be viewed at https://www.youtube.com/static?template=terms
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Uninstalling the App does not mean that we will delete your data automatically. You must still request that we delete your data and such request shall be entertained limitedly to the data we are not obliged to retain.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You can exercise any of your rights by contacting our Data Processing Officer on [email protected].
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Facebook Page
Data Controller for the Facebook Page
The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Page www.facebook.com/eCabsMalta, the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Page, among other things. These terms are mostly based on the Facebook Terms of Service: www.facebook.com/terms.php
Visit the Facebook Privacy Policy www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.
Facebook Insights
We use the Facebook Insights function in connection with the operation of the Facebook Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Page and services by other companies that use Facebook services.
For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/privacy/explanation
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the Data Processing Officer on [email protected].
The supervisory authority is the Office of the Information and Data Protection Commissioner which can be contacted at Level 2, Airways House, High Street, Sliema SLM 1549, Malta or by telephone on (+356) 2328 7100 or by email at [email protected]