Last updated on 11/02/2020
Article 7: Processing personal data
In accordance with Articles 22-I, 23, 24 and 30 of French Law No. 78-17 from the Data Protection Act modified on 06/01/1978, the automated processing of data from the Website has been declared to CNIL, which has issued a receipt under number 1551838 on 12/12/2011.Registered Users on the Website are informed by these Terms and Conditions of the disclosure requirement (Article 32 of the Law), and the precaution to preserve the security and confidentiality of their personal data (Article 34), as well as the Website publisher's responsibilities and his possible subcontractors (Article 35). This data is kept in a way that permits identification of individuals on this Website for a period not exceeding the time necessary for the purposes for which they were collected and processed (Articles 6-5° and 36).
In accordance with the law cited above, individual Users of the Website have:
- The right to be opposed, for legitimate reasons, to their personal data being processed, or this data being used for marketing purposes by the entity currently responsible for the processing of data, or the one responsible for the next processing of data (Article 38),
- The rights of interrogation of the person responsible for treatment in the cases listed in Article 39 of the French Law,
- Rights of consultation, modification or removal of all personal data brought to the knowledge of monTransport.com (Article 40). This right may be exercised by contacting the Website through the contact form.
As per GDRP (General Data Protection Regulation), monTransport.com collects the following data. Traveler collected data:
- Login and contact information such as name, login, password, phone number, email address and any exchanged messages.
- Access date and time to monTransport.com services.
- Any data related to travel request such as departure and arrival addresses, contact details, date and time, review/rating and related options of services.
Note that payment information are not collected by monTransport.com but handled directly by Payment Service Provider (PSP).
Traveler shared data:
- Drivers receive all data related to travel request and booking.
Driver collected data:
- Login and contact details such as name, login, password, phone number, website, email address and any exchanged messages.
- Access date and time to monTransport.com services.
- Provider's offering, references, legal statute and invoice relevant information and documentation.
- Data related to offers, requests and notification settings and review/ratings from booking.
Driver shared data:
- All data related to provider's contact details, company and invoice information are shared with Traveler.
Driver and Traveler data shared with external partners:
- Mail and SMS routeur: email and name.
- CRM: share all data.
- Analytics: for development purposes, monTransport.com uses analytics and feedback software such as Hotjar, Google Analytics and Search Console which may collect any data Users shares through the web pages.
- Support platform: email and name.
- Social network: travel request information may be shared upon user consent.
External services such as Facebook connect are also used, in which case the data is directly requested and handled between user and the external services.
Website Users are informed that their IP addresses are likely to be reported to police, independent administrative authorities, or judicial authorities within the scope of the powers granted under law.
It is stressed that monTransport.com does not lend or sell any personal information to third parties for marketing purposes, without the express consent of the User.
Article 8: Intellectual property rights
The Website "monTransport.com" is the intellectual property of the publisher and also a registered trademark with the INPI, under number 10 3 748 160.
The information contained on the Website may not be reproduced by Users for personal purposes. Any reproduction or representation, total or partial, by any means whatsoever, of the Website, logos, images, or other applicable intellectual property, is prohibited without express permission of the publisher of this Website.
Users of the Website agree not to reproduce, copy, sell, resell or exploit for any commercial purposes whatsoever, whether all or part of the Service, use of the Service or any right of access to the Service, unless it is expressly authorized by the publisher. Failure to observe these prohibitions by its author is an act of infringement involving civil liability and possible prosecution.
Article 9: Exclusion of liability
9-1 Exclusion of technical liability
- The Website shall not be liable if for any reason if the Website is down, or is slowed due to a server problem, server maintenance, hardware or software upgrade, emergency repair, hacking, or any circumstances outside its control.
- The Service provided by the publisher is exclusively technical by connecting Users. As such, it may make errors, and monTransport.com will acknowledge and accept this.
- In no event will monTransport.com be held liable for any material or immaterial damage, direct or indirect, such as commercial or financial loss or even the loss of business operation. monTransport.com has no control whatsoever concerning the nature or characteristics of any data transferred via the host, and thus assumes no responsibility in this regard. monTransport.com excludes itself from any responsibility for data produced and accessed by Users on the Website, and any damages that may be caused by their use. Similarly, it is up to the User to take all necessary measures to protect his data and software against intrusions, computer viruses or possible circumvention by third parties through or from the Services of monTransport.com.
- monTransport.com assumes no liability regarding the compatibility, reliability, and operation of software other than those it has prepared.
9-2 Exclusion of liability for service and content
- Information published on the Website remains the responsibility of Website's Users, whether they are Travellers or Transport Providers.
- The Website cannot guarantee that Bids will be sent in response to Trip requests.
- The Website does not guarantee the availability of Transport Providers who have sent Bids: when Bids are sent, the Traveler must select and book it as early as possible.
- In cases of withdrawal of licenses or parking permits, or deletion of entries in the competent authorities' registry, the Website excludes itself from any liability if the Transport Provider involved has not notified it of withdrawal or cancellation.
- The Website itself can in no way be held responsible for the transaction, punctuality of Transport Providers or passengers, or transportation's safety for the Trip.
- monTransport.com releases itself from all liability regarding the information provided by its Users. Users themselves are solely responsible for the information relayed on the Website.
- Booking results exclusively from the agreement between Transport Provider and the Traveler, who are Website's Users and its Services, operate on these persons' sole and exclusive responsibility. As such, the actual progress of the Trip that is defined by the Traveler and Transport Provider, will not result in monTransport.com's liability on any grounds whatsoever, as the Service offered by monTransport.com is an intermediary Service.
- monTransport.com's liability will not be engaged, especially in the case of disaster that would occur for reasons such as a Traveler mis-communicating about a Trip and its details; cancellation of a Trip by the Transport Provider or Traveler; or fraudulent conduct or mistake on the part of the Transport Provider or Traveler during, before, or after the Trip.
- In particular, monTransport.com will not be liable if there is fraudulent means of payment by the Traveler. In such a case, monTransport.com will provide no guarantee of payment to the Transport Provider.
- monTransport.com is not responsible for content entered on the Website by Users. This is particularly true for Transport Providers' Profiles and Bids, and Trips posted by Travellers. However, once it has been reported to monTransport.com that there is content violating the rights of third parties, monTransport.com will do everything in its power to immediately remove this content of the Website.
Hypertext links set up in the framework of the present Website directing to other websites, or to other resources on the Internet, do not engage the liability of the Site publisher, particularly with regard to Services proposed or information distributed by these Sites. Any hypertext link directed toward a page other than the homepage of the Site must be authorized by the prior written permission of monTransport.com.
For all Services offered on the Website, monTransport.com is obligated to provide its best efforts to achieve their completion. It is expressly agreed that if monTransport.com's liability were to be retained, it would not be held beyond alleged compensation, damages, and interest exceeding the reimbursements of amounts paid for the Booking, within the last month and in the same category of transportation as the booked transportation service.
Article 10: Attributive clause of jurisdiction
Parties will agree before filling any lawsuit in pursuit of an agreeable solution.
In the case of disputes regarding the interpretation or execution of the current Terms and Conditions, they will make use of the competent courts of Paris, France.