GoGo Tech Privacy Notice

Privacy Policy

The following Privacy Policy describes how we, GoGo (GoGo Tech, and/or our Affiliates) (together “we”, “us” or “our”), collect, store, use, transfer, disclose and protect your Personal Information. This Privacy Policy applies to all users of the GoGo Applications (which includes the Driver Application and the Rider Application) and our Websites.

Please read this Privacy Policy thoroughly to ensure that you understand our data processing and protection practices.

By signing up to be a driver using our GoGo Driver application (App) you agree to be bound by these terms and conditions as updated by time to time. You will be notified of these updates and if you accept these terms and conditions and continue to use the App, you will be bound by the updated terms and conditions. These terms and conditions are personal to you and you will not be able to cede, delegate and/or assign any of your rights and/or obligations to any third party without our prior written consent which may be withheld in our sole and absolute discretion.

Processing of Personal Information (POPI)

To use the App, you need to be at least 18 years old and we need to process the personal information that you provide to us upon registration including, but not limited to, your name, address, cell phone number, age, details of your driver’s license and any other personal information that we may need to register you as a driver on the App. You are able to check on this information that we have for you by clicking on the “profile” tab in the App. Should any of your details change, please update them as soon as possible as if your details are incorrect, trips may not be allocated to you by the App. In addition, to monitor your behaviour and your rating as a driver, we will be tracking your trip via your cell phone as well as getting your feedback on the trip and the rider via the rating tool at the end of the App. We will need to keep that personal information that you have provided us with and consented to giving us by continuing to use the App for billing and other purposes and will be required to keep that personal information for no more than 7 years following the date of the trip to ensure that if the South African Revenue Services (SARS) or you have any queries, we are able to provide all these parties with the requisite information. We may also use the data generated by the App based on the trips you have allocated and driven via the App to send you targeted marketing and to determine whether we can provide you with any value-added services as a GoGo driver as the GoGo suite of services grows. We may over time de-identify your personal information and use it for analytical and statistical purposes. You agree to allow us to process your information for all the above reasons. You can opt out of the marketing of products and services at any time but you are aware that if you do so, there may be a small additional charge that may be charged and which will be payable to GoGo as we may use advertising revenue to subsidise some of our App’s operating costs. We will only process your personal information when reasonable and as and when required so that you benefit from the App. If you do not want us to continue to process your personal information, you are entitled to deregister as a driver using the App. We will then only retain your personal information for historical purposes on the basis specified above and will either de-identify your personal information so that there is nothing linking you specifically to that data or delete it completely. At any time, if you object to our processing your personal information, we will cease to do so but that will also mean that you will no longer be able to use the App going forward and you will no longer be entitled to benefit from being hailed by a rider using the App or to participate in any benefits offered to drivers, in which case the process outlined above will apply. Whilst we have your data, we will ensure that we and third parties that we contract with conclude operating agreements, that we implement reasonable technical and organisational safeguards to protect your personal information and that we notify you either directly via your contact details, via our website, via the App and/or via the website of the Information Regulator of any data security breach; advising you how your data has been compromised and what steps we have taken to mitigate that breach.

Use of the App

No employment relationship will be concluded between you and us as a result of your usage of the App or the allocation of any trips to you. Nor are you appointed as our independent contractor. Instead, all we provide is an App that you can use to arrange trips depending on your availability as selected on the App. We will alert you if there are any riders close to your location and along any route that you and/or your operator are authorised to travel on and will advise you of their planned trip and the end destination as well as the number of passengers to enable you to either accept or decline that rider’s trip. Once you have accepted a trip, a contract is created between you and the rider and all that the App does is to allow you to rate the rider in terms of rider behaviour towards you. We operate on the basis of mutual respect. In all cases, you will show respect to the rider and similarly we expect that riders show you respect. If there is anything that concerns you about a rider or his or her conduct that is either disrespectful or makes you feel like your safety or security is being threatened, you are entitled to end a trip and immediately notify us of your concerns via the App. The rider will then be flagged for other drivers. In this way, we ensure that drivers are not disrespected and we can seek to provide an environment that does not unnecessarily put drivers at risk from a safety and security point of view. In certain circumstances, we may also arrange to make payment to you if the rider has selected one of our payment service providers to make the payment so that you collect the fare in a cashless environment. If anything happens to you whilst on a trip arranged via our App, we will not accept liability of any kind. We do not verify and/or vouch for any rider. It is ultimately your responsibility, as a responsible adult, to decide whether to allow a rider to get into your taxi which s/he may have called via the App and you always have the right to decline to drive a rider who has used the App to call you and to cancel the trip if you have any concerns (safety or otherwise) with regards to a rider when you arrive at the collection point. You are strongly advised to keep your loved ones informed of your trip progress via WhatsApp or some other form of notification (including pinning your live location).

Code of conduct

From time to time we may publish a code of conduct on the App and you will need to agree to the terms of that updated code of conduct before proceeding to find a rider via the App. Aside from dealing with issues like respecting riders and making sure your vehicle is in a good and clean condition at the time of the trip, driving considerately, obeying the rules of the road and not unnecessarily endangering the lives of your riders, you will be rated by riders based on your conduct and the higher your rating, the more likely you are to be hailed by riders as compared with other drivers. By agreeing to the code of conduct as updated from time to time, you agree to the code of conduct and if your conduct differs from the code of conduct, not only may this result in your rating by riders going down and you losing out on rides, but we may decide to remove your access to the App so that you cannot continue to use it to find riders and you indemnify and hold us harmless if your failure to comply with the code of conduct results in you losing fares as a result.

Network access

You can only access the App via a data network and we are not responsible for any costs that you incur by using your cell phone service provider’s data network to access our App. We also cannot guarantee that the network will be available everywhere that you are travelling or at any collection point or delivery point. This is dependent on your service provider’s network as well as whether, for example, there is electricity to power the cell phone masts that provide access to your service provider’s network. We cannot take responsibility for the uptime of your service provider’s network or whether you have sufficient data available to use our App.

Devices

Our App may not work on every device and you will be responsible for ensuring that your device works using our App. If your device does not, then we have no responsibility for your not being able to access our App or any of the services offered via our App.

Location Data

• Location data (Driver): We collect precise and approximate location data from drivers’ mobile devices when the GoGo app is running in the foreground (app open and on-screen) or background (app open but not on-screen).
• Location data (Riders). We collect precise and/or approximate location information from riders’ mobile devices if they enable us to do so via their device settings.GoGo gathers information from the initiation of a ride until its conclusion and whenever the application is active in the foreground (i.e., when the app is open and displayed on the screen). Refer to the “Privacy settings” section for details on how riders can activate accurate location data collection.

Accurate location data obtained from a driver’s device throughout a trip is associated with the rider’s account, irrespective of whether the rider has granted consent for precise location data collection from their device. This information serves various purposes, including but not limited to customer support, fraud detection, and the generation of receipts.

How we use data

GoGo uses data to enable reliable and convenient transportation services. We also use data:

• to enhance the safety and security of our users and services
• for customer support
• for research and development
• for marketing and advertising
• to send non-marketing communications to users
• in connection with legal proceedings

GoGo uses the data we collect:

To provide our services. GoGo uses data to provide, personalize, maintain, and improve our services.

This includes using data to:

• create/update accounts.
• enable transportation services/features, such as:

• using location data to navigate rider pick-ups and order drop-offs, calculate ETAs, and track the progress of rides.
• enabling features that involve data sharing, such as sharing driver first name and vehicle information with riders to facilitate pick-ups.
• matching available drivers to users requesting services, including based on personal data such as location and user settings / preferences (such as preferred destinations).

• calculating prices and fares, including using location data and trip or order details (such as requested pick-up and drop off addresses). We may also consider non-personal data or factors, including date and time, estimated distance and time, minimum base fares, tolls, taxes and fees.

 

Data sharing and disclosure

Certain services and functionalities provided by GoGo necessitate the sharing of data among users, either at their request or with their explicit consent. Additionally, we may share such data with our affiliates, subsidiaries, and partners for legal reasons or when related to claims or disputes.

GoGo may share data with other users

This includes sharing:

• riders’ first name, rating, and pickup and/or dropoff locations with drivers.
• for drivers, we may share data with the rider(s), including name and photo; vehicle make, model, colour, license plate, and vehicle photo; location (before and during trip).

Furthermore, we furnish riders with receipts encompassing details such as a comprehensive breakdown of charged amounts, the first name of the driver, their photograph, and a route map. Additional information may be incorporated into these receipts as mandated by legal requirements.

With GoGo service providers and business partners

These include the third parties, or categories of third parties, listed below. Please visit the third party websites for their privacy notices for information regarding their collection and use of personal data.

• cloud storage providers.
• Google, in connection with the use of Google Maps in GoGo’s apps.
• research partners, including those performing surveys or research projects in partnership with GoGo or on GoGo’s behalf.
• service providers that assist GoGo to enhance the safety and security of GoGo apps and services.
• service providers that provide us with artificial intelligence and machine learning tools and services.
• accountants, consultants, lawyers, and other professional service providers.
• insurance and financing partners.
• Vehicle owners and Minibus Taxi Associations

Data retention and deletion

GoGo maintains user data for the duration required to fulfill the aforementioned purposes. Users have the option to request the deletion of their accounts through the GoGo’s applications.

The retention period of user data by GoGo is contingent upon factors such as the type of data, the user category to which the data pertains, the initial purposes of data collection, and whether the data must be preserved following a request for account deletion to meet the purposes outlined below.For example, we retain data:

• for the life of users’ accounts if such data is necessary to provide our services. E.g., account data.
• for the period necessary to comply with tax requirements. E.g., drivers’ and delivery persons’ trip or delivery location information.
• for defined periods as necessary for purposes of safety or fraud prevention.
• Users may request deletion of their account through GoGo’s Apps

Upon receiving a request for account deletion, we proceed to delete both the user’s account and associated data. However, exceptions apply when retention is imperative for reasons of safety, security, fraud prevention, compliance with legal obligations, or addressing issues related to the user’s account, such as unsettled credits or unresolved claims/disputes. In the case of drivers, specific data is retained as long as required for actual or potential tax, litigation, or insurance claims. For riders, data is typically expunged within 90 days of an account deletion request, unless retention becomes essential for the aforementioned reasons.

Privacy settings

The Menu > Name > Delete GoGo in the GoGo app allows riders and Drivers to delete the GoGo App and their Data according to the Data Retention Policy. Drivers and Riders can also update their preferences regarding location data permissions in their Device Settings.

 

App security

It is your responsibility to make sure that you have created a secure username and password and that you keep this a secret and do not let anyone else use your account without your consent. If you fail to do this and give someone else access to your account or allow them to use the App on your behalf, you are liable for any losses or damages that you sustain and you will have no claim whatsoever against us.

License

By downloading the App from the App Store (for Apple Inc), the Play Store (for Android devices) or via a Microsoft Windows or Blackberry device, we grant you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access the App and the services that are made available on the App from time to time. You agree to only use the App for the purposes of finding riders to transport in the taxi driven by you. The App is our intellectual property and you agree not to do anything to erode our intellectual property or other ownership rights in and to the App including, but not limited to, removing any proprietary notices, reproducing, modifying or creating derivative works based on our App or to (or attempt to) distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, decompile, reverse engineer, disassemble, link, mirror or frame or launch any programmes or scripts to scrape, index, survey or otherwise data mine or attempt to gain unauthorised access or impair the App or any of the systems or networks behind the App nor will you attempt to run a bureau service for commercial gain using our App. We run regular diagnostics on our App and if we identify or suspect you of doing any of these things, without prejudice to any other rights that we may have in law or in terms of these terms and conditions, we reserve the right to block you from using the App for any reason. Any loss of revenue that you suffer as a result is at your own risk.

Payment for the use of our App

We collect payment for the use of our App from you. This may mean that you charge a slight premium on a standard taxi fare but you acknowledge that we need some form of payment to continue to ensure the availability of the App and to provide the convenience associated with the use of the App. As our service offering via the App increases, we may need to use pay other third parties for their contributions and you acknowledge that neither those third-party service providers nor we can continue to provide you with those services and the App without compensation. Without interfering in the contractual relationship between you and the operator (if you are driving for a taxi operator), you agree to charge the following amounts to a rider and to make payment of the following amounts to us. You will pay be entitled to the following amount on top of the fare that you pay over to the operator:

Trip type	Income
Share Ride	30% of GoGo fare
Direct	25% of GoGo fare

 

You will deposit the amounts due to us on weekly basis into our bank account as specified on the App. When you make the deposit, you will need to note the reference number for you as each deposit is linked to a particular driver registered on the App. If you do not make payment within 7 days, we have the right to remove you from the GoGo platform and you will not be allowed to use the platform to find riders. On a monthly basis, we will make a tax invoice and statement available to you on the App reflecting all trips and all amounts due to you and to us.

Limitation of liability

As above, by using the App you agree that we are only a platform for finding riders. We cannot guarantee that by using the App, there will be riders available close to your location at any point in time and in no way do we provide any warranties regarding our App which is provided on an “as-is” and “when available” basis. No implied warranties of merchantability, fitness for purpose, reliability, timeliness, quality, or suitability are provided and you use the App on the basis as outlined in these terms and conditions. By accepting these terms and conditions and continuing to use the App, you agree to use the App subject to these limitations.

As mentioned, we are not responsible for the conduct of the rider and you remain the person who decides whether to drive a rider at your own risk.

Accordingly, you indemnify and hold us harmless from all losses or damages sustained by you or any third party and whether arising in contract, delict, on a strict liability basis or otherwise.

Dispute resolution

Should any dispute arise between us arising from your use of the App, you will notify us in writing at [email protected]. Within 14 days of the date of your email notification, we will contact you to further understand your dispute. If there is any responsibility on our part, we will deal with it either in terms of applicable legislation e.g. POPI Act or we will call a meeting between our representative and yourself to discuss the matter and try and iron out any issues. If we are unable to resolve the dispute within 14 days of that meeting or such further period as we may in writing agree, the matter shall be referred either to an independent expert nominated by us alternatively we will refer the matter to arbitration in terms of the Expedited Commercial Rules for the Arbitration Foundation of Southern Africa (AFSA) or its successor with the aim being of resolving the dispute as soon as possible through confidential arbitration proceedings via an arbitration notice that will interrupt extinctive prescription as contemplated in the Prescription Act 68 of 1969. Only you and us and both our legal representatives shall be entitled to attend the arbitration. Nothing in this clause shall prevent either you or us seeking urgent interim relief from a court of competent jurisdiction. By agreeing to these terms and conditions, you irrevocably and unconditionally agree to be bound by the provisions of this dispute resolution clause and to be bound by the determination of the arbitrator subject to the Expedited Commercial Rules of AFSA.

Governing law

These terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Whole agreement

These terms and conditions as updated from time to time constitute the whole agreement between you and us and no warranties or representations not contained in these terms and conditions shall be binding on either of us.

Severability

If any of the provisions of these terms and conditions are enforceable for whatever reason (including illegality), the offending provision will be struck from these terms and conditions and the remainder of these terms and conditions shall continue to apply.

Database

We will maintain a record of the dates and times when you have accepted these terms and conditions and any updates or variations and we will provide you with a copy of this information on written request.