ISSUED AND EFFECTED ON 2 FEBRUARY 2019
DiDi Mobility Information Technology Pte. Ltd. (hereinafter referred to as “DiDi” or the “Company”), a company duly established according to the laws of Singapore, having its offices at 163 Tras Street #03-01 Lian Huat Building Singapore (079024).
The user who is accessing, browsing or using DiDi Passenger and relevant websites is hereinafter referred to as the “Passenger”. DiDi and its affiliates provide the Passenger with online car-hailing and other services based on the Passenger’s needs through DiDi Passenger with real-time online and offline information interaction and effective matching of offline resources through big data analytics (hereinafter referred to as the “Services”). The user who is accessing, browsing or using DiDi Driver and relevant websites is hereinafter referred to as the “Driver”. The Driver who is appointed through DiDi Passenger to the Passenger is hereinafter referred to as the “Appointed Driver”.
The Privacy Policy of DiDi Passenger (hereinafter referred to as the “Privacy Policy”), together with the Terms and Conditions of Use of DiDi Passenger, sets out the basis on which the collected Personal Information will be processed.
Please read this Privacy Policy to understand the views and practices regarding the Passenger’s Personal Information and how the data will be treated. By accessing or browsing DiDi Passenger, the Passenger hereby agrees to accept the Privacy Policy.
Please carefully read the Privacy Policy, fully understand and agree to it before using DiDi Passenger. If the Passenger does not agree to any item herein, the Passenger should stop using DiDi Passenger immediately. When the Passenger starts using DiDi Passenger, the Passenger has agreed DiDi can collect, disclose, store, use, process, share, transfer and protect the Passenger’s Personal Information in compliance with this Privacy Policy.
1. Processing of the Personal Information
DiDi Passenger is owned and operated by DiDi. DiDi may obtain, disclose, use, process, store and transfer the Passenger’s Personal Information and will process and treat the Passenger’s Personal Information in accordance with the Privacy Policy and the Law.
2. Collection of the Personal Information
2.1 DiDi may collect the Personal Information, including but not limited to:
i. Personal Information
The Passenger may need to provide his/her name, mobile phone number, email address and other relevant Personal Information on DiDi Passenger. DiDi will recognize the Passenger’s identity and provide the Passenger with services on DiDi Passenger.
DiDi collect such information by laws and regulations for personal and property safety of the Passenger. If the Passenger does not provide such information, the Passenger may fail to fully access the Services of DiDi Passenger.
ii. Information that the Passenger may Provide
The Passenger may provide, among other, his/her photograph, resident address, and other Personal Information at his/her discretion.
iii. Location
DiDi will collect the Passenger’s location information when DiDi Passenger is running in the foreground (the application open and on screen) or background (the application open but not on screen) of the Passenger’s device. DiDi will obtain the Passenger’s location through IP address, GPS, and other sensors that provide relevant information (such as providing DiDi with nearby devices, Wi-Fi access points, and base station information) for better providing the Services.
iv. Trip
DiDi will collect the Passenger’s place of departure and destination, route, duration and mileage information. DiDi collects the aforesaid information based on the requirements of laws and regulations, protection of the Passenger’s personal and property safety, as well as the demand for dealing with disputes of the Passenger in accordance with the rules of DiDi Passenger.
v. Call information
DiDi may record and collect the content of the calls and the messages that the Passenger makes through DiDi Passenger, including but not limited to the duration of the call, the mobile phone number of the communicated parties. DiDi keeps the aforesaid information through call recording, so as to verify the facts and handle complaints in case of disputes or safety accidents of the Passenger.
vi. Order and transaction status
DiDi may record the Passenger’s orders and transactions status. DiDi collects such information by laws and regulations for the Passenger’s personal and property safety, and evidence for disputes.
2.2 Rating information
The Passenger can evaluate the Appointed Driver anonymously on DiDi Passenger, but please do not leave the Passenger’s Personal Information during such process, or it may be disclosed to the Appointed Driver.
2.3 Financial Data
DiDi may collect the Passenger’s Financial Data to collect from and distribute money to the Passenger’s appointed account, and for any other purpose related to providing the Services.
2.4 Customer Service
When the Passenger contact the customer service team, DiDi will record the Passenger’s call information, the Passenger’s comments or suggestions, the name and contact information and other information provided by the Passenger through call recording and manual input manner, so that DiDi can handle the disputes, solve the problems or give the Passenger feedback. If the Passenger refuses DiDi to collect such information, it may result in that our customer service team may not be able to handle and solve the disputes, but it does not affect the Passenger’s use of the core business functions of DiDi Passenger.
2.5 Data Analysis
In order to improve the Services of DiDi Passenger, DiDi will collect the Passenger’s logging information, the search content, IP address, device information (including device model, device identification code, operating system, and telecommunication operator), location, thus providing the Passenger with more personalized and convenient services. DiDi will use the browser storage mechanism and data cache to collect and store information on the Passenger’s device.
2.6 Third-party Services
During the course of the Passenger’s use of the third-party services, DiDi will collect (including the information provided by the Passenger and the information recorded by the system) the Passenger’s necessary Personal Information and share it with the third party providing such services, so that the third party can provide the Passenger with the appropriate services. If the Passenger refuses collection of such information, the Passenger may not be able to use the third-party services through DiDi Passenger, but it does not affect the Passenger’s use of the core business functions of DiDi Passenger.
3. Device Permissions
3.1 DiDi Passenger may request some of the Passenger’s device permissions. The Passenger is deemed to grant device permission of Internet accessing when he/she accesses or uses DiDi Passenger.
3.2 The Passenger can choose to close some or all of the permissions in the device, so as to prevent DiDi from collecting the corresponding Personal Information. For different devices, the permissions display manner and closing manner may be different, please contact the device and system developers for details.
4. Storage of the Personal Information
4.1 Storage period of the Personal Information
i. DiDi will keep the Passenger's Personal Information continuously while he/she is using the services of DiDi Passenger.
ii. The Passenger can cancel the account on DiDi Passenger. DiDi will preserve the Passenger’s Personal Information for personal and property safety of the Passenger, unless the Passenger expressly requests DiDi not to do so, or applicable laws and regulations stipulate otherwise.
iii. If the Passenger wants to delete his/her Personal Information, he/she may contact the customer service to submit the deletion application. DiDi will delete his/her Personal Information subject to applicable laws and regulations in a business reasonable amount of time.
4.2 Information Storage
i. The Passenger’s Personal Information collected by DiDi will be transferred and stored in data centers in Mexico, U.S. or any other places as appropriate and in accordance with applicable laws and regulations, which are controlled by DiDi and its affiliates.
5. Use of the Personal Information
5.1 The Passenger fully acknowledges and agrees that the Passenger’s Personal Information will be used in the usage scenarios which are clearly stated in the clause “Collection of the Personal Information”.
5.2 The Passenger fully acknowledges and agrees that the Passenger’s Personal Information may be used in the usage scenarios which are directly or reasonably related to the purposes stated in the clause “Collection the of Personal Information”:
a. The Passenger fully acknowledges and agrees that DiDi may analyze Personal Information to provide the Passenger with a more personalized and convenient service.
b. The Passenger fully acknowledges and agrees that DiDi may design, develop and promote new products and services based on Passenger's Personal Information statistics.
c. The Passenger fully acknowledges and agrees that DiDi may analyze the Passenger's Personal Information and share such statistics with the public or the third party to the purpose of providing the Services.
d. The Passenger fully acknowledges and agrees that DiDi will send the Passenger information and notifications through various channels, including but not limited to the verification code, the necessary pushed notifications when using the products or services, the news about the services of DiDi Passenger, as well as marketing activities and special promotion information, and the promotional information of third parties in cooperation with DiDi Passenger, or other content that the Passenger may be interested in. If the Passenger do not wish to continue receiving the aforesaid information, the Passenger may unsubscribe it.
5.3 In case DiDi use the Passenger’s Personal Information beyond the scope which is directly or reasonably related to the purposes stated in the Privacy Policy, DiDi will further inform the Passenger.
6. Sharing, Transfer and Publicity of the Personal Information
6.1 The Passenger fully acknowledges and agrees that DiDi will keep the Passenger’s Personal Information confidential in accordance with relevant laws and regulations. DiDi will not share the Passenger’s Personal Information with other people except the following situations:
i. The Passenger fully acknowledges and agrees that DiDi may share the Passenger’ Personal Information for the pursuit of commercial legit purposes to its affiliates and subsidiaries.
ii. The Passenger fully acknowledges and agrees that DiDi may share the Passenger’ Personal Information to third parties to provide the Services through DiDi Passenger to the Passenger. For example, DiDi may share information of the Passenger with the Appointed Driver, may include the Passenger’s telephone number and the other Personal Information which required by DiDi Passenger.
iii. The Passenger fully acknowledges and agrees that DiDi provide reciprocal services with other cooperative third party service providers (hereinafter referred to as the “Cooperative 3rd Parties”). In order to improve the Services, DiDi may share the Passenger’s Personal Information with the affiliated company and Cooperative 3rd Parties.
iv. The Passenger fully acknowledges and agrees that DiDi may transfer the Passenger Personal Information to vendors, service providers, and other partners who globally support DiDi’s business, such as providing technical infrastructure services, analyzing how DiDi’s services are used, measuring the effectiveness of services, providing customer service, or facilitating and processing payments. These partners shall adhere to strict confidentiality obligations in a way that is consistent with the Privacy Policy and the agreements DiDi entered into with them.
v. When the Passenger uses the third-party services through DiDi Passenger, the Passenger fully acknowledges and agrees that DiDi will share the Passenger’s Personal Information with the third party who provides the services.
vi. In order to protect the legitimate rights and interests of the Passenger, the Passenger fully acknowledges and agrees that DiDi may provide the interested parties with the information necessary to resolve transaction disputes.
vii. The Passenger fully acknowledges and agrees that DiDi may transfer the Passenger’s Personal Information to administrative or judicial authority according to applicable laws or regulations.
viii. As required or permitted by applicable laws or regulations, the Passenger fully acknowledges and agrees that the Passenger’s necessary Personal Information may be provided for the protection of the public interest.
ix. Other situations that permitted by the Passenger.
6.2 DiDi will not provide the Passenger’s Personal Information to any third party that is not stipulated in the Privacy Policy, unless DiDi obtain the Passenger’s consent. DiDi will enter into a strict confidentiality agreement with the third party with whom DiDi share the Passenger’s Personal Information, requesting them take necessary confidential and security measures to process the Passenger’s Personal Information.
6.3 DiDi will keep the Passenger’s Personal Information confidential in accordance with relevant laws and regulations. DiDi will not publicly disclose the Passenger’s Personal Information unless the Passenger has given his/her explicit consent or authority in advance, or as required by law.
6.4 In the event of acquisition, merger, reorganization and other changes, DiDi will require its successor to comply with the Privacy Policy. If the successor needs to change the purpose of usage of the Personal Information, the successor shall obtain the Passenger’s explicit consent in advance.
7. Use of the Financial Data
For clarification, notwithstanding any term and clause in the Privacy Policy to the contrary, DiDi will not transfer the Passenger’s Financial Data to any third party other than the service providers to conduct payment processing or any other applicable financial service.
8. Rights of the Passenger
8.1 Access
The Passenger can access Personal Information on DiDi Passenger in the following ways:
a. Account
The Passenger can access the Passenger’s Personal Information and other information provided by the Passenger through the Passenger’s account on DiDi Passenger.
b. Trip.
The Passenger can access the trip, order and transaction status on DiDi Passenger.
c. Wallet
The Passenger can access the payment method, payment record and other information through the wallet feature of DiDi Passenger.
8.2 Rectification
The Passenger has the right to make corrections or updates of Personal Information. The Passenger may correct or modify his/her Personal Information on DiDi Passenger by submitting his/her correction application to the customer service team or by the following manners:
a. Account
The Passenger can correct or modify the Passenger’s Personal Information through the Passenger’s account on DiDi Passenger.
b. Setup
The Passenger can correct or modify the password and other information through the setup feature of DiDi Passenger.
c. Wallet
The Passenger can correct or modify the Financial Data and other information through the wallet feature of DiDi Passenger.
8.3 Opposition
DiDi will protect the Passenger’s right to withdraw the Passenger’s consent in the following ways:
a. The commercial information sent by DiDi Passenger will describe the specific unsubscribing manner, and the Passenger can withdraw the Passenger’s consent through the unsubscribing manner described in the commercial information.
b. The Passenger can withdraw the Passenger’s authorization to access the Passenger’s Personal Information to DiDi through the device's setup feature to close the corresponding device permissions (including location, address book, photo, microphone, camera, notification, etc.).
c. The Passenger can also withdraw part of the authorization by canceling bank card binding, deleting information, etc.
When the Passenger withdraws his/her consent or authorization, DiDi may not continue to provide the Passenger with the services corresponding to the withdrawn authorization. However, the Passenger’s withdrawal of consent or authorization does not affect the processing of Personal Information based on his/her consent prior to the withdrawal.
8.4 If the Passenger is unable to access, rectify, cancel or delete his/her Personal Information and withdraw the Passenger’s consent, the Passenger can contact the customer service team online or by phone through the customer service feature of DiDi Passenger.
9. The Passenger’s Shared Data
9.1 The Passenger can share the Passenger’s location and trip with other people based on the services of DiDi Passenger.
9.2 When the Passenger share the Passenger’s location, trip or other Personal Information with other people, third-party service providers, or use such information in combination with the third-party services, or use the third-party service links, the Passenger may disclose the Passenger’s Personal Information or allow the third party to access the Passenger’s Personal Information.
9.3 We recommend that the Passenger read the privacy statement of such social networks or third-party service providers to understand how they process the Passenger’s Personal Information. The Passenger should be responsible for the consequences of providing or sharing the Passenger’s Personal Information with the third party or other people when using third-party services, and the corresponding responsible party should assume the responsibilities to the extent permitted by law.
9.4 When the Passenger publicly share any information on DiDi Passenger, anyone can view or access such information when using DiDi Passenger, such as the photos, reviews and other information uploaded by the Passenger on DiDi Passenger. As the information voluntarily shared by the Passenger when using our services may involve the Personal Information about the Passenger or other people, the Passenger should choose carefully and assume the Passenger’s own responsibilities.
10. Changes
10.1 In case of the following changes of DiDi Passenger, DiDi will timely make the corresponding amendments to the Privacy Policy:
a. Changes of the business functions of DiDi Passenger.
b. Changes of the Passenger's Personal Information usage rules.
c. Changes of DiDi’s contact information and complaint channels.
d. Other changes which may affect the Passenger's Personal Information security or the Passenger's privacy rights.
10.2 DiDi will not reduce the Passenger’s rights under the Privacy Policy without the Passenger’s explicit consent.
10.3 Unless otherwise specified, the revised Privacy Policy will take effect from the date of publication.
11. Definition and Scope of the Personal Information
11.1 Personal data refers to the data which can identify the personal identity of a natural person, alone or together (hereinafter referred to as “Personal Data”), if applicable, herein involves, but not limited to name, mobile phone number, photograph, address, location, logging information, search content, device information, telecommunication operator and IP address.
11.2 Financial data refers, but not limited to, credit or debit card information or any other payment method information, bank accounts, invoice records, payments records, credit bureau records, payment receipts, tax information, financial records, and any other financial information that might be relevant for DiDi to provide the Services (hereinafter referred to as “Financial Data”, and together with “Personal Data” referred to as the “Personal Information”).
11.3 If the Passenger does not provide any of the Personal Information as required, they may fail to access all or part of the Services.