DiDi Mobility Information Technology Pte. Ltd. (hereinafter “DiDi” or the “Company”) is a legally incorporated company under the laws of Singapore, with a principal place of business at 163 Tras Street #03-01, Lian Huat, Singapore (079024).
This app shall be hereinafter referred to as “DiDi Driver”.
An individual who accesses, browses or uses DiDi Driver or any DiDi websites in connection with the DiDi Driver services shall be hereinafter referred to as the “Driver Partner”.
An individual who accesses, browses or uses DiDi Passenger or any DiDi websites in connection with DiDi Passenger shall be hereinafter referred to as the “User”.
DiDi and, in certain countries, its affiliates, provide, using a technological platform, intermediation services between Users and Driver Partners (the “DiDi’s Services”) to arrange and plan online the direct provision by the Driver Partners of mobility services (the “Mobility Services”) as well as logistics services (the “Logistics Services”, and collectively with the Mobility Services, the “Services”).
Whenever applicable, an individual who accesses, browses or uses the DiDi Fleet or any DiDi websites in connection with the DiDi Fleet, and who acts as the main contractor of the Driver Partners shall be hereinafter referred to as the “Non-Driver Partner”.
Non-Driver Partners may contact the Driver Partners through the information sharing that occurs between the DiDi Fleet and the DiDi Driver.
The Driver Partner acknowledges that the Company does not provide the Services and that the Company does not operate as a mobility company. The Services are directly provided by the Driver Partner, who is an independent third party and does not act as an employee of the Company or any of its affiliates.
This DiDi Driver Privacy Notice (hereinafter the “Privacy Notice”), along with DiDi Driver Terms and Conditions, sets forth the relevant conditions for the processing of the Driver Partner’s Personal Information (as defined below).
Please read this Privacy Notice carefully before using DiDi Driver so you can understand the considerations and practices related to the Driver Partner’s Personal Information and how such information will be processed.
If the Driver Partner disagrees with any aspect of this Privacy Notice, the Driver Partner must stop using DiDi Driver immediately. Upon clicking on the “I Agree” button and/or using the DiDi Driver app, the Driver Partner agrees to the Privacy Notice and, therefore, expressly authorizes the processing of their Personal Information on the terms herein described, including the possibility that DiDi will collect, disclose, store, use, process, share, transmit, transfer, and protect the Driver Partner’s Personal Information in the terms set forth in this Privacy Notice.
1. Personal Information Processing
“Personal Data” shall mean any information identifying an individual and used by such individual for identification purposes (individually or collectively with any other information). For the purposes of this Privacy Notice, Personal Data shall include, among other information, name, mobile number, photo, address, location, access data, searches, device data, telecommunication carrier, and IP address.
“Financial Data” shall mean any information about debit or credit cards or any other payment method, bank accounts, invoices, payment receipts, and any information about tax identification as may be relevant to DiDi regarding the use by the Driver Partner of DiDi Driver and the provision of the Services.
“Sensitive Personal Data” shall mean any information relating to the most private or intimate social sphere of the data subject or that information that, if is inadequately processed, might lead to discrimination and pose a risk to the data subject. In this Privacy Notice, such data includes, among others, the Driver Partner’s Criminal Record Certificate and the Driver Partner’s information used for facial recognition purposes. Whenever required by the applicable laws, DiDi may obtain the express consent of the Sensitive Personal Data subject.
Personal Data, along with Financial Data and Sensitive Data, shall be hereinafter referred to as the “Personal Information”.
DiDi owns and operates DiDi Driver; therefore, DiDi shall be entitled to collect, disclose, store, use, process, share, transmit, transfer and protect the Driver Partner’s Personal Information in accordance with this Privacy Notice and the applicable laws.
Before providing any Personal Information, the Driver Partner shall be aware and agree to the processing purposes related to the use of DiDi Driver.
If the Driver Partner fails to provide the requested Personal Information, the Driver Partner might be unable to access to DiDi Driver, in whole or in part.
2. Purposes for the Processing of Personal Information
2.1 DiDi shall be entitled to process, among others, the following Personal Information:
2.1.1 Driver Partner’s Information
The Driver Partner shall, as required by DiDi, provide their name, mobile number, ID number, e-mail address, among other relevant information to recognize the Driver Partner’s identity, so that the Driver Partner can use DiDi Driver. If required, the Driver Partner shall provide the vehicle brand, color, and model, driver’s license, and the official vehicle documents, as well as any other information about any vehicles the Driver Partner intends to use in order to provide the mobility Services and which may be associated with the Driver Partner.
DiDi shall process such information in accordance with the laws and regulations, aiming to ensure the Driver Partner’s, Non-Driver Partner’s and/or User’s personal safety and the safety of their goods. If the Driver Partner fails to provide such information, the Driver Partner may not have full access to the provision of the Services and DiDi’s Services.
DiDi may process the Driver Partner’s information with the objective of conducting calls, sending SMS, or other kind of messages supported on automated systems for purposes such as assistance on the completion of the registration process (if applicable), marketing operations, customer loyalty and others similar.
2.1.2 Any Other Driver Partner’s Information
The Driver Partner shall provide, as required by DiDi, among other information, their photo and address to be enabled to use DiDi Driver.
In the event that the Driver Partner provides their photo and facial recognition characteristics, DiDi shall process such Personal Sensitive Data in order to comply with any applicable fraud prevention or safety obligations or with any public safety laws, or to take any legal action or defend any claim, or to meet any requirements from the authorities, or for any other purposes previously notified to the Driver Partners.
In any case, DiDi shall only process the sensitive data provided by the Driver Partner in compliance with the applicable law. Under certain circumstances, given the processing purposes regarding photos and facial recognition characteristics, if such information is not provided, the Driver Partner shall not be able to continue using DiDi Driver.
2.1.3 Location
In connection with the use of DiDi Driver by the Driver Partner, DiDi shall process the Driver Partner’s location data whenever DiDi Driver is running in the foreground (app open displayed on-screen) or background (app open but is not displayed on the screen) on the Driver Partner’s mobile device. DiDi shall get the Driver Partner’s location through the IP address, GPS and other sensors that provide relevant information (e.g., data about nearby devices, Wi-Fi access points, and base station data).
2.1.4 Trips
DiDi shall process any information about the User’s ride start and destination points for which the Driver Partner is responsible, as well as the route, distance, and ride duration. DiDi shall process such information following the applicable laws and regulations for the Driver Partner’s personal safety and the safety of their goods, as well as to settle any conflicts in accordance with the DiDi Driver rules.
2.1.5 Call Data
DiDi might record and process the contents of the Driver Partner’s incoming and outgoing calls and messages on DiDi Driver exchanged with Users, DiDi representatives or any other individual concerning the Services and DiDi’s Services, including, but not limited to, the call duration, and the phone numbers of the parties. DiDi shall keep that information to verify any facts and respond to any complaints in case of conflicts or accidents involving the Driver Partner. The foregoing to the extent of the applicable legislation.
2.1.6 Order and Transaction Status
DiDi might record the Driver Partner’s order and transaction status on DiDi Driver. DiDi shall process such information in accordance with the applicable laws and regulations for the personal safety of its users and the safety of the goods of such users, as well as to have evidence in case of any conflicts.
2.2 Rating Information
Whenever it is applicable, the Driver Partner may rate the User anonymously on DiDi Driver. For this purpose, the Driver Partner shall not provide any Personal Information. Otherwise, any provided information, in this case, might be disclosed to the User.
2.3 Financial Data
DiDi may receive and store the Driver Partner’s Financial Data to charge and transfer money to the Driver Partner’s specified account in the terms set forth in DiDi Driver Terms and Conditions and for any other purpose relating to payment facilitation during the provision of the Services.
2.4 Criminal Record Certificate
DiDi may ask the Driver Partner for a Criminal Record Certificate (issued by a competent authority) to ensure the Driver Partner meets all requirements to work with DiDi Driver. Submitting a Criminal Record Certificate on the DiDi Driver platform shall be deemed to be an authorization given by the Driver Partner to DiDi to collect, transmit, transfer, store and use such certificate pursuant to this Privacy Notice.
DiDi, or where applicable its affiliates, shall not transmit or transfer the Criminal Record Certificate to a third party, except as required by an administrative or judicial authority, pursuant to this Privacy Notice.
2.5 Customer Service
Whenever the Driver Partner contacts the customer service team, DiDi shall record the Driver Partner’s call data, comments or suggestions, name, contact details and any other information provided by the Driver Partner by recording the call or message or recording the information manually, so that DiDi may, at its discretion, help settle any conflicts, comments or suggestions or give feedback to the Driver Partner. If the Driver Partner denies DiDi the collection of such information, this may result in DiDi customer service team failing to meet the Driver Partner’s requirements; however, the use by the Driver Partner of the main business features of DiDi Driver shall not be affected nor shall the Driver Partner be prevented from exercising their rights as a DiDi Driver user.
2.6 Data Analysis
In order to improve the DiDi Driver Services and provide the Driver Partner with other more customized and convenient Services, DiDi shall collect the Driver Partner’s access data, searches, IP address, device information (including model, ID code, OS, and telecommunication carrier), and location. DiDi shall use a browser storage and cache memory mechanism to process the information on the Driver Partner’s device. DiDi might obtain the Driver Partner’s consent to process such information whenever it is required under the applicable regulation. In the even that DiDi asks the Driver Partner for their consent to process this information, the Driver Partner shall be entitled to withdraw their consent by contacting DiDi at any time.
2.7 Third-Party Services
Whenever the Driver Partner uses Third-Party Services, DiDi shall process the Driver Partner’s necessary Personal Information (including any information provided by the Driver Partner and any information recorded by the system) and will share it with the third party providing such Third-Party Services, including DiDi’s service providers or business partners who carry out DiDi’s business operations, so that they are able to provide the Driver Partner with the contracted Third-Party Services. If the Driver Partner denies the processing of such information, the Driver Partner may probably not be able to receive such Third-Party Services through DiDi Driver. However, such refusal shall not affect the use by the Driver Partner of the main features of DiDi Driver. The third-party that provides the Third-Party Services shall only use the Driver Partner’s information for the purposes of providing such services. Some of the Third-Party Services may include collection and payment activities, among others.
3. Device Permissions
3.1 DiDi Driver may ask the Driver Partner to set certain permissions on their device. Upon using or accessing DiDi Driver, that act will be considered as granting access to DiDi to their device.
3.2 The Driver Partner may revoke all or any of the permissions on their device to prevent DiDi from collecting any relevant Personal Information. How permissions are applied may vary on the various devices. To get detailed information about your device and its OS, you are advised to contact its developers.
4. Personal Information Storage
4.1 Personal Information Storage Period
4.1.1 DiDi shall keep the Driver Partner’s Personal Information as long as the Driver Partner has a DiDi Driver account.
4.1.2 The Driver Partner may cancel their DiDi Driver account directly through the app or by contacting DiDi customer service. DiDi shall keep the Driver Partner’s Personal Information as deemed necessary under the applicable law or regulations or for the purposes of protecting the Driver Partner’s personal safety and the safety of their goods, except where the Driver Partner expressly requests DiDi not to keep such information.
4.1.3 If the Driver Partner wishes to delete their Personal Information, the Driver Partner may contact DiDi customer service to make that request. DiDi shall delete the Driver Partner’s Personal Information, following the business practice, within a reasonable period of time, pursuant to the applicable laws and regulations.
4.2 Information Storage
The Driver Partner agrees that, in accordance with the applicable laws and regulations, the Driver Partner’s Personal Information processed by DiDi shall be transferred, transmitted and stored in data centers in the United States of America or anywhere else around the world where there are entities controlled by DiDi and its affiliates, as applicable. In the case of data transmitted to a third party, the information shall only be used for the purposes described in this document.
5. Use of Personal Information
5.1 The Driver Partner acknowledges and agrees that their Personal Information may be used in any cases directly or reasonably related to the purposes specified in the “Personal Information Processing” section above. The Driver Partner particularly acknowledges and agrees that:
a. DiDi may analyze the Personal Information to provide the Driver Partner with more customized and convenient services.
b. DiDi may design, develop and promote new products and services available for the Driver Partner’s use, based on their Personal Data statistics.
c. DiDi may analyze the Driver Partner’s anonymized Personal Information and share the statistics with the public or a third party for the purposes of the DiDi Driver operations and the provision of the Services.
d. DiDi shall send information and notices to the Driver Partner using various channels, including, but not limited to, verification codes, any necessary notices regarding the use of the products or services, news about DiDi Driver services, as well as any marketing activities and special promotional information, and third-party promotional information in cooperation with DiDi Driver or any other content the Driver Partner may be interested in, if previously authorized by the Driver Partner, according to the information provided by the Driver Partner. If the Driver Partner does not wish to continue receiving such information, the Driver Partner may opt-out by unsubscribing.
5.2 In the event that DiDi needs to use the Driver Partner’s Personal Information beyond the scope directly or reasonably related to the purposes of this Privacy Notice, DiDi shall notify the Driver Partners and obtain their authorization.
6. Personal Information Sharing, Transfer and Publicity
6.1 The Driver Partner acknowledges and agrees that DiDi shall keep confidentiality over the Driver Partner’s Personal Information in accordance with the applicable laws and regulations. DiDi shall not transfer or transmit the Driver Partner’s Personal Information to any other people, except in the following cases:
i. DiDi may share the Driver Partner’s Personal Information in fulfilling DiDi’s administrative purposes as well as for DiDi’s affiliates’ and subsidiaries’ internal reporting. In any case, such disclosure shall be provided on confidentiality terms that shall not be less restrictive than stated in this Privacy Notice.
ii. DiDi may share the Driver Partner’s Personal Information with DiDi’s service providers and business partners who carry out DiDi’s business operations so that they are able to provide the Driver Partner with DiDi’s Services through DiDi Driver.
iii. DiDi may share the Driver Partner’s Personal Information to provide services in cooperation with a third party such as DiDi’s services providers and business partners (hereinafter referred to as “Collaborators”). To improve DiDi’s Services, DiDi may share the Driver Partner’s Personal Information with DiDi’s affiliates, Collaborators and their affiliates; provided that any such disclosure is provided on confidentiality terms that shall not be less restrictive than stated in this Privacy Notice.
iv. DiDi may transfer or transmit the Driver Partner’s Personal Information to any service providers and other partners who globally support DiDi operations, e.g., by providing DiDi with technical infrastructure services, criminal investigation services, analysis of how DiDi’s Services are used, assessment of the DiDi Driver effectiveness, customer services, or by facilitating and processing payments. In the context of the agreements entered into with DiDi, such third parties have strict confidentiality obligations in keeping with this Privacy Notice. In this case, the Personal Information shall only be used for the purposes stated herein.
v. Whenever the Driver Partner uses third-party services, as described in item 2.7 above (“Third-Party Services”) through DiDi Driver, DiDi may share the Driver Partner’s Personal Information with the Third-Party Service provider, who shall only use such data for the purposes described herein, notwithstanding the possibility that such third party may obtain the Driver Partner’s authorization to use such Personal Information in accordance with their own terms and conditions and privacy policies.
vi. For the purposes of protecting the Driver Partner’s, Non-Driver Partner’s and/or User’s rights and interests, for the purposes of settling any conflict regarding DiDi operations or for any other purposes, DiDi may disclose the Driver Partner’s Personal Information to any administrative or judicial authorities, pursuant to the applicable laws and regulations.
vii. To the extent permitted or required by the applicable laws and regulations, DiDi may disclose the Driver Partner’s Personal Information necessary to protect the public interest. Upon agreeing to this Privacy Notice, the Driver Partner acknowledges and agrees that DiDi or any of DiDi’s related companies may transfer the Driver Partner’s Personal Data to any authorities and public investigation entities, as specified in the “Purposes for the Processing of Personal Information” section above, with the purpose of agreeing upon strategies that will allow for the successful analysis, investigation and criminal prosecution of various criminal phenomena associated with mobile apps that provide similar services to DiDi’s Services. The Personal Information expressly authorized to be transferred to such public entities include the date of registration and the date of the most recent trip, name, mobile number, e-mail address, bank account information, only regarding the bank name and type of bank product, copy of the driver’s license and government-issued ID (a card or similar), vehicle related information and profile photo, as well as any location data and trip data (including the Driver Partner’s start point, trip start point, requested trip endpoint, actual trip endpoint, route map, date and time), among others.
viii. DiDi may share the Driver Partner’s Personal Information on the terms of this Privacy Notice.
ix. Any others allowed by the Driver Partner.
6.2 DiDi shall not disclose the Driver Partner’s Personal Information to a third party not specified in this Privacy Notice, except upon the prior express consent of the Driver Partner. In that case, DiDi shall enter into an NDA with the third-party with whom the Driver Partner’s Personal Information may be shared, requiring such third-party to take any necessary security and confidentiality measures in processing the Personal Information.
6.3 DiDi shall keep the Driver Partner’s Personal Information under safety and confidentiality conditions, in accordance with the applicable laws and regulations. DiDi shall not publicly disclose the Driver Partner’s Personal Information, except where the Driver Partner may have previously given their express consent or authorization, or pursuant to the applicable laws and regulations.
In the event of any acquisition, merger, restructuring, among other corporate changes, DiDi shall require its successor to comply with this Privacy Notice. Should DiDi’s successor need to change the use purpose of the Personal Information, DiDi’s successor shall obtain the prior express consent of the Driver Partner.
6.4 In the event of any acquisition, merger, restructuring, among other corporate changes, DiDi shall require its successor to comply with this Privacy Notice. Should DiDi’s successor need to change the use purpose of the Personal Information, DiDi’s successor shall obtain the prior express consent of the User.
7. Use of Financial Data
DiDi shall not transmit or transfer the Driver Partner’s Financial Data to a third party, except for any service providers who conduct payment processing operations or provide any other applicable financial services, or DiDi’s affiliates on a need-to-know basis for the purposes of the provision of DiDi’s Services, except for any cases expressly detailed in this Privacy Notice.
8. Rights of the Driver Partners
The Driver Partner shall have the rights provided under the applicable law, and particularly the rights provided under this Privacy Notice, which shall be exercised through DiDi Driver as follows:
8.1 Access
The Driver Partner may access their Personal Information on DiDi Driver as follows:
a. Account
The Driver Partner may access their Personal Information and any other information provided through their account on DiDi Driver.
b. Trips
The Driver Partner may access information about any trips completed, received trip requests, transaction status on DiDi Driver and, in general, DiDi operations, through DiDi Driver.
c. Wallet
Whenever this functionality is available, the Driver Partner may access any of their Financial Data, including any payment methods and records, and any other corresponding information, using the DiDi Driver Wallet.
d. Other Personal Information
Should the Driver Partner need to exercise their right to access any other information, the Driver Partner may contact DiDi customer service at any time.
8.2 Rectification
The Driver Partner is entitled to have their Personal Information corrected and updated. The Driver Partner may correct or modify their Personal Information on DiDi Driver upon a correction or update request sent to DiDi customer service or in any of the following ways:
a. Account
The Driver Partner may correct or update their Personal Information and any other information provided through their account on DiDi Driver.
b. Configuration
The Driver Partner may correct or update their password and any other information about their settings as a user using the DiDi Driver settings function.
c. Wallet
The Driver Partner may correct or modify any of their Financial Data, including any payment methods and records, and any other corresponding information, using the DiDi Driver Wallet, provided that such functionality is available.
d. Other Personal Information
Should the Driver Partner need to exercise their rights to correct or modify any other information, the Driver Partner may contact DiDi customer service at any time.
8.3 Objection
DiDi gives the Driver Partner the right to have their consent revoked, as follows:
a. The Driver Partner shall be entitled to revoke the authorization given to DiDi to access their Personal Information and Sensitive Personal Data, using their device settings to revoke the corresponding permissions (including location, address book, photo, microphone, camera, notification, etc.).
b. The Driver Partner shall also be entitled to revoke any part of the authorization given to DiDi by deleting their Financial Data, e.g., the bank card data, among others.
Where the Driver Partner revokes their consent or authorization, DiDi may not continue to provide the Driver Partner with the services associated with the Personal Information related to the revoked authorization. However, the Driver Partner revoking their consent or authorization shall not retrospectively invalidate any Personal Information processing previously completed by DiDi under such consent given by the Driver Partner before revoking it.
If the Driver Partner cannot directly access, rectify, cancel or delete their Personal Information or revoke their consent, the Driver Partner may contact DiDi customer service online or via phone call using the “customer service” function.
9. Data Shared by the Driver Partner
9.1 The Driver Partner may share their location, trip conditions, and any other information about DiDi Driver services with a third party.
9.2 Whenever the Driver Partner shares their location, trip conditions and any other Personal Information with any other individuals or outside service providers, or uses such information along with the Third-Party Services or through Third-Party Services links, the Driver Partner might directly disclose their Personal Information or allow third party access to such Personal Information. In this case, for the purposes of the processing conducted by the owners of the Third-Party Services, the Privacy Notice of such third parties the Driver Partner voluntarily agrees to share their information with shall apply, without DiDi being responsible for the Personal Information processing conducted by such third parties.
9.3 DiDi recommends that, before agreeing to share information with a third party other than DiDi, the Driver Partner read the Privacy Notice of the Third-Party Service providers to understand the conditions under which the Driver Partner’s Personal Information will be processed. The Driver Partner shall be responsible for any consequences of providing or sharing their Personal Information with such third parties or any other individuals when using Third-Party Services. In addition, such third parties shall be liable for the processing of the data provided by the Driver Partner in accordance with the applicable law or regulations.
9.4 If the Driver Partner publicly discloses any information through DiDi Driver, anyone with access to the app may see or access such information. Since any information publicly disclosed by the Driver Partner when using DiDi’s Services may include the Driver Partner’s or other individuals’ Personal Information, the Driver Partner must assume its own responsibility and, as far as possible, prevent from disclosing their own and third parties’ Personal Information.
10. Changes
10.1 Should any of the following changes be made in DiDi Driver operations, DiDi shall promptly make the corresponding modifications to this Privacy Notice:
a. Changes in DiDi Driver business functions.
b. Changes in the rules of use of the Driver Partner's Personal Information.
c. Changes in DiDi’s contact details and complaint channels.
d. Other changes that may affect the security of the Driver Partner’s Personal Data or rights to privacy.
10.2 DiDi shall not modify the conditions for the Driver Partners to exercise their rights under this Privacy Notice, without the express consent of Driver Partners.
10.3 Where any adjustments to this Privacy Notice or to the purposes for the processing of Personal Information may be required, any such adjustments shall be notified to the Driver Partner before making them, with the Driver Partner being entitled to revoke the authorization provided to DiDi to manage their Personal Information.
10.4 Except as otherwise stated, the updated Privacy Notice shall become effective upon release.
11. Annexes
DiDi shall be entitled to freely decide on any annexes for every territory where DiDi conducts business and set special rules applicable thereto. As a general rule, this Privacy Notice shall prevail over any such annexes. Nevertheless, if due to specific local rules it is necessary for the annexes to prevail over the Privacy Notice, then this situation will be made express in the respective text of the annex