Privacy Policy

In this section, we explain how we, as a data controller, process the personal information you enter into our system. We collect and process this information about you through the Service.

1. Information We Collect

The personal information we receive and collect falls into the following categories:

(i) Information provided by the user : You can add personal information when using the service, including when opening your account. You also have the option to update your information by editing your account.

(ii) Information collected automatically : When you use an online booking form or open and manage your account within the Service, we may collect information about your device and your interaction with the Service. Some of this information is collected through cookies and other data collection technologies.

• Device information : We collect information about the devices you use to access your account in our Service, such as your IP address, browser ID, operating system and location data.
• Usage Data : We collect usage data about your interactions with our Service. If you use a mobile application (driver app), we collect location data and the dates and times of use. This information is used to identify and assign nearby tasks, notify the rider of your proximity to the pickup location, and record the route taken during your service. This information also allows us to monitor and ensure the safety of riders.

2. Use of personal information

Your personal information, collected or received by us, may be used in accordance with our legitimate interests, for the following reasons:

• To ensure compliance with our terms of use and applicable laws.
• To comply with various court orders, valid discovery requests, subpoenas or other appropriate legal mechanisms, and to meet any legal requirements.

3. Cookies and other data collection technologies

Why and what data collection technologies do we use? The data collection technologies we use (such as cookies) not only make it easier for you to access and use the Service, but they also help us improve the user experience by customizing our products and websites (the “Service”) to your needs. When do we use these technologies?

• If necessary : Without these cookies and the data collected by other technologies, we would not be able to provide you with the features you need, making the use of the Service much more problematic. For example, the Service might forget that you logged in a week ago.
• For better functionality : thanks to these cookies and data collected by other technologies, the Service remembers your choices and can offer them to you when, for example, you make a reservation via the online reservation form (withdrawals, deposits and other settings). This makes using the Service easier and the user experience more enjoyable.

4. Your data protection rights

You have the following data protection rights:

• Access your information
• Edit them
• Correct them
• Update them
• Transfer them
• Delete them
• Restrict or object to the processing of your personal information

If you wish to exercise any of these rights, please contact us by email at [email protected].

TranspOnyx is a simplified joint stock company with a capital of 2,700 euros, whose registered office is located at 163, Boulevard de la Madeleine, 06000 Nice, France. It is registered in the Nice Trade and Companies Register under number 834 807 901, and represented by Mr. Hanafi Daniel AIT GOUGAM, in his capacity as Chairman.

Article 1. Online acceptance of the General Conditions of Sale (hereinafter, “GCS”)

Use of our website and our application is subject to acceptance of these General Terms and Conditions. When creating their user account, our Users (as this term is defined below) must check the box "I accept the General Terms and Conditions of Sale". Only acceptance of these General Terms and Conditions allows Users to access the services offered by the Site (as this term is defined below). Acceptance of these General Terms and Conditions is complete and constitutes an indivisible whole; Users cannot choose to apply only part of the General Terms and Conditions or make reservations.

By accepting the T&Cs, the User also acknowledges having read Article 6 relating to the “Processing of users’ personal data” as well as the Cookies Usage Charter. The defined terms preceded by a capital letter will have the meaning attributed to them in these T&Cs.

In the event of a breach of any of the obligations set out herein, TranspOnyx reserves the right to delete the account of the User concerned.

Article 2. Modification of the General Conditions of Sale

TranspOnyx reserves the right to modify the T&Cs, the features offered on the Site or the operating rules of the Application (as this term is defined below) at any time. The modifications will come into effect immediately upon their posting online, and any User acknowledges having consulted the T&Cs beforehand. If a modification occurs after the User has paid a sum of money for an Order, this modification will not apply to the current transaction. TranspOnyx also reserves the right to offer new services, whether free or paid, on the Site or the Application.

Article 3. Purpose

TranspOnyx is a VTC (Chauffeur-Driven Car) transport company that offers guided tours, the provision of chauffeur-driven cars, as well as the transport of luggage and small goods.

TranspOnyx has an authorization to operate chauffeur-driven vehicles, the number of which is: EVTC006180074. It complies with the provisions of Articles L 231-1 to L 231-4 of the Tourism Code as well as Decree No. 85-891 of August 16, 1985.

Article 4. Creation of the User account

Any user can create an account after installing the Application free of charge on their mobile phone or on the Website. https://transponyx.com (hereinafter, the "Site"). When registering, the User chooses a login ID and password, which are personal, confidential and non-transferable to third parties. After having previously notified the User, TranspOnyx may, for the purposes of operating the service, modify, change or delete a login ID and/or password at any time. The User records his/her personal information (last name, first name, email address, telephone number, postal code). At no time does TranspOnyx store or have knowledge of the User's banking information. The bank details, which will be recorded with the User's agreement, are kept by the secure banking organization Stripe or SumUp. The User authorizes his/her bank to debit his/her account for the amount indicated on the statements or invoice provided by TranspOnyx. The User guarantees the truthfulness and accuracy of the information he/she communicates to TranspOnyx via the Site or the Application. The creation of the User account will only be validated after the express acceptance of these General Terms and Conditions by the User, who at the same time acknowledges having read them.

Article 5. Use of the Site or the Application

To use the Site or the Application, the User must be legally capable of contracting and using these services in accordance with these General Terms and Conditions. To access the reservation services of the Site or the Application, the User must identify himself using his username and password. Any Order made using these identifiers is deemed to have been made by the User. The latter undertakes to use the Site or the Application in a reasonable manner and in particular not to present the following characteristics at the time of being picked up by the driver:

• State of obvious intoxication
• Dangerous behavior
• Number of people not exceeding the limit indicated when booking
• Number of bags not exceeding the limit indicated at the time of booking or volume of baggage not exceeding the capacity of the vehicle
• Presence of animals not enclosed in a cage or bag, except for guide dogs. The presence of animals is also subject to the condition that the driver does not have an allergy to animal hair
• Inappropriate or immoral behavior

This commitment is also made on behalf of the Passenger, if it is a person other than the User.

Article 6. Processing of Users' personal data and content of the Site & Application

6.1. General provisions

In accordance with Law No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6, 2004 relating to information technology, files and freedoms, TranspOnyx has made a prior declaration to the National Commission for Information Technology and Freedoms (CNIL) concerning the processing of personal data concerning you, in accordance with simplified standard No. 48 (CNIL deliberation No. 2005-112 of June 7, 2005 creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files – JO No. 149 of June 28, 2005). The controller of the data concerning the User is TranspOnyx. According to the provisions of simplified standard no. 48, only authorized persons within TranspOnyx, including employees and service providers responsible for operating the Site and the Application, have access to your personal data. The data indicated as mandatory in the registration form as a User of the Site or the Application require a precise response. Any failure to respond or any response deemed abnormal by TranspOnyx could result in the refusal of the registration request. The data collected by TranspOnyx as part of the services offered on the Site are processed in accordance with simplified standard no. 48 and the "Informatique et Libertés" law of August 6, 2004.

6.2. Transmission of personal data
In accordance with the provisions of simplified standard No. 48, TranspOnyx reserves the right to transmit all or part of the personal data concerning users, in strict compliance with this standard and the "Informatique et Libertés" law of August 6, 2004. Any use of personal data outside this framework will require the prior and explicit consent of users. In accordance with law No. 78-17 of January 6, 1978, TranspOnyx will obtain the consent of users for any transmission of their data to commercial partners for direct marketing purposes, by means of a checkbox.

6.3. Right of access, rectification and opposition
In accordance with Law No. 78-17 of January 6, 1978, the user has a right to access and rectify personal data concerning him. He can make this request by contacting the webmaster of the site or application, except for personal data provided during online registration, which the user must modify and update himself, as indicated in Article VII.4 "Updating personal data". The user also has the right to object, free of charge, to his personal data being used for prospecting purposes, in particular commercial, by TranspOnyx or its commercial partners. In the event of opposition directly to TranspOnyx, the latter undertakes to notify this opposition to its contractual partners likely to have received the user's personal data. In addition, TranspOnyx undertakes not to transfer users' personal data outside the European Union, unless it first obtains their express consent. TranspOnyx also reserves the right to transmit users' personal data to comply with a legal obligation or in application of a judicial, administrative decision, or that of an independent authority (such as the National Commission for Information Technology and Civil Liberties).

6.4. Updating personal data
The user agrees to update, if necessary, the personal data concerning him. He must also ensure that this data is accurate, complete and unambiguous. He can access his user account containing all the personal data provided to TranspOnyx at any time using his username and password.

6.5. Security of personal data
In accordance with Law No. 78-17 of January 6, 1978, TranspOnyx undertakes to take all necessary precautions to preserve the security of users' personal data and to avoid any distortion, damage or unauthorized access to them.

6.6. Hosting the site
The site is hosted by the company o2switch. The latter acts as a subcontractor of TranspOnyx, within the meaning of law n° 78-17 of January 6, 1978, and can only access users' personal data on written instructions from TranspOnyx. It is not authorized to use this data outside of the technical services of hosting and database management, in accordance with the contractual conditions signed with TranspOnyx.

6.7. Intellectual property
The site belongs to TranspOnyx. Any reproduction, even partial, is subject to the prior written authorization of TranspOnyx. Any hyperlink to a page other than the home page of the site must also be authorized in writing by TranspOnyx. Visitors agree not to reproduce any of the elements of the site. Any unauthorized use of all or part of the site or its elements may constitute an infringement, leading to civil and/or criminal proceedings against the offender.

6.8. User Submitted Content
TranspOnyx is not responsible for the content submitted to the site by users. However, as soon as it is brought to its attention that content infringes the rights of third parties, TranspOnyx undertakes to do its best to remove this disputed content without delay.

Article 7. The Order

7.1. Prerequisite
Ordering a ride via the application or the site is subject to prior acceptance of these General Conditions.

7.2. Description of the order steps
7.2.1. Identification
To place an order, the user logs into the application or site by entering their username and password.

7.2.2. Reservations
7.2.2.1. Last minute booking
Last minute reservations, made between 8:00 p.m. and 8:00 a.m. for the following day, can only be confirmed after a telephone call to our reservations department.

7.2.2.2. Advance booking
The user enters the reservation date, which consists of three fields: day, month and time. This date must be at least 12 hours before the scheduled service.
Special feature Monegasque legislation:
Reservation is required at least 2 hours before pick-up in Monaco, and at least 4 hours between November 1st and April 30th.

7.2.3. Fields to be completed relating to the desired race
The user must fill in the various mandatory fields relating to the desired race:

• Place of departure, possibly place of destination
• Car type and range
• Passenger's identity, mobile phone number and email
• Number of passengers
• Flight number for airport receptions.
• Acceptance of the T&Cs.
  Failure to complete these fields will result in the order process not being able to complete. TranspOnyx will offer a price to complete the requested journey.
  The user is free to accept or not the offer proposed by TranspOnyx; if he accepts it, he must ensure that all the information displayed is consistent with the desired trip. TranspOnyx will transmit the elements of the order to the driver in charge of the trip.

7.3. Delay / Cancellation of order
To validate his order, the user must imperatively read and accept these General Terms and Conditions, which will prevail in the event of delay or cancellation of an order over the general terms and conditions of sale of the driver if the trip is subcontracted, even if these are more favorable to the user.

7.3.1. Delays

For addresses and hotels:
Beyond 20 minutes late after the agreed meeting time, TranspOnyx reserves the right to no longer execute the trip, and payment will be due by the user. The latter will therefore be automatically debited.
By way of derogation from the foregoing, in the case of journeys departing from an airport, the price of the journey includes a waiting period of 60 minutes after the meeting time set by the user, provided that the latter has indicated the references of his flight (field provided for this purpose on the TranspOnyx reservation interface).
For trips for which the user has indicated flight references, the driver will be required to adjust the appointment time according to the actual arrival time of the plane, in the event of a delay.

In addition to the 60-minute waiting time allowance, TranspOnyx reserves the right to charge a supplement for waiting, at a rate of €1 per additional minute.

7.3.2. Cancellation
The user can cancel their trip free of charge up to 4 hours before the time set when ordering.
In the event of cancellation between 4 a.m. and the time set when ordering, the user will be required to pay 100 % of the cost of the trip.
In case of cancellation after the time set when ordering, the user will also be required to pay 100 % of the cost of the trip.
For any dispute relating to these issues, notification will be automatically made to TranspOnyx, which will endeavour to reach an amicable settlement where possible, without incurring any obligation other than that of a means.

Prepaid reservations (benefiting from a promotion/discount):
A fee of 20 % will be retained on any cancellation of prepaid reservation, regardless of when the cancellation is made.

7.4. Obligations of TranspOnyx
Upon receipt of the user's request, TranspOnyx undertakes to send them an order confirmation by email or SMS, containing a detailed summary of the trip.

Article 8. Payment methods

Accepted payment methods include those offered by our operators Stripe or SumUp, as well as cash. By default, checks are no longer accepted. Payments can be made to TranspOnyx, either when booking online (on the website or the application) or directly to the driver at the start or end of the service. In the event of a delay by the driver resulting in the cancellation of the trip, TranspOnyx undertakes to reimburse the customer.

8.1. Failure to pay

Any delay or failure to pay for any reason whatsoever will result in an increase in the amounts due, as a penalty clause, of a fixed amount of fifteen (15) euros. Furthermore, in the event of repetition of this behavior, TranspOnyx reserves the right to close the user account.

Article 9. Execution of Races

9.1. Scope of Races

The journey begins when the passenger gets into the driver's vehicle and ends when the passenger finally gets out of the same vehicle.

9.2. Support for the Passenger

9.2.1. Customer Obligations

After validation of the reservation, the customer must show up at the meeting place on the agreed date and time. He will receive a confirmation email and/or SMS.

If the driver is waiting, waiting fees, the amount of which is defined in Article 5, will be automatically charged after a period of 15 minutes.

In the event of a no-show by the customer, the driver will be deemed free to leave after a waiting period of 30 minutes.

Damage:

The customer agrees to behave on board the vehicle as a good father. In the event of damage to the equipment or vehicle attributable to the customer, the company will charge the customer for the cost of repairing or replacing the equipment.

All passengers, adults and children, are required to wear their seat belts. A fine may be incurred by persons not respecting this obligation during a check by the police.

For safety reasons, smoking and the transport of flammable, explosive, corrosive or toxic substances are prohibited. Failure to comply with this stipulation will result in the liability of the customer and passengers. The company reserves the right to take any possible legal action.

Luggage :

Luggage (maximum one cabin/passenger suitcase) must be placed in the trunk of the vehicle. Luggage remains the sole responsibility of the customer. No luggage may be entrusted to the driver. The latter may refuse luggage that is excessively heavy or large, as well as luggage that he considers detrimental to the safety of transport.

Any modification to the quote for the trip initially planned and paid in advance via the site (waiting, parking, additional stop, change of address, etc.) will result in additional costs which will be billed directly to the customer by the driver.

Refusal of support:

The driver may refuse to pick up the passenger in the following cases:

• State of obvious intoxication
• Danger; number of people exceeding the limit indicated when booking
• Number of baggage exceeding the limit indicated when booking or volume of baggage greater than the vehicle's carrying capacity
• Presence of animals not enclosed in a cage or bag, or if the driver has an allergy to animal hair. Guide dogs are exempt from this obligation
• Inappropriate or immoral behavior

In the above cases, the trip will be automatically charged to the user, despite the refusal of support.

Passenger support may also be cancelled by TranspOnyx in the event of force majeure, in accordance with the criteria defined by the legislative texts in force and recognized by case law. The user will be informed by e-mail. In this case, the trip will not be charged.

9.3. Modification of the Order by the Passenger

Once the order has been placed by the user, any change in the destination location will result in the invoicing of a supplement at the hourly and/or kilometer rate corresponding to the type of vehicle. At a minimum, the user will be billed the flat rate initially accepted when ordering.

The driver is free to accept or not any change to the destination of the trip.

9.4. Race route

Since the price of the trip is determined in advance, the driver is free to choose the route he considers the shortest or fastest to take the user to their destination. However, the user may suggest a route to the driver, who remains free to accept it. The same applies to any intermediate stop or detour desired by the user.

Article 10. Quality commitment

10.1. Regulatory compliance

TranspOnyx requires that drivers comply with applicable laws regarding the operation of chauffeur-driven vehicles or the possession of licenses, where required. However, TranspOnyx cannot be held responsible for changes in circumstances of which it has not been informed.

10.2. Availability of the Application

The Application provides a 24-hour, 365-day operational service. TranspOnyx nevertheless reserves the right to interrupt this service, with or without notice to the User, for reasons related to operational constraints.

Article 11. Liability of TranspOnyx

The execution of a trip results exclusively from the agreement between the User of the Site or the Application and the Driver, independently of TranspOnyx. As such, the actual execution of the trip ordered by the User and accepted by the Driver cannot give rise to any liability attributable to TranspOnyx, on any basis whatsoever.

TranspOnyx strives to ensure the availability of the Site and the Application 24 hours a day, 7 days a week. However, access to the Site or the Application may be interrupted for maintenance operations, hardware or software upgrades, emergency repairs, or due to circumstances beyond the control of TranspOnyx (such as a failure of telecommunications links and equipment). TranspOnyx undertakes to take all reasonable measures to limit these disruptions, to the extent that they are attributable to it.

Users acknowledge and accept that TranspOnyx assumes no liability towards them for any unavailability, suspension or interruption of the Site or the service, and cannot be held liable for direct or indirect damages of any nature resulting from this fact.

TranspOnyx disclaims any liability for services outside the scope of the journey or carried out during it, whether at the request of the User or at the initiative of the Driver.

The journey carried out by the Driver will be considered as regularly and fully executed if the User does not immediately report any difficulties encountered or reservations after the journey has been carried out. The User must also immediately notify TranspOnyx of any serious breach by the Driver.

Article 12. Liability in the event of litigation

TranspOnyx is responsible for resolving disputes under the General Terms and Conditions of Sale (GTC) accepted by the User. The latter may at any time send a complaint by registered letter with acknowledgment of receipt to the following address: Sarl TranspOnyx, 163, Boulevard de la Madeleine, 06000 Nice, or by email to [email protected].

TranspOnyx undertakes to do everything possible to reach an amicable resolution.

In any case, and without prejudice to what has been set out above and in the other clauses concerning the absence of liability of TranspOnyx, any cause of liability which could be held against TranspOnyx may only give rise to the payment of damages, the amount of which will be limited to the sums collected for the journey or its cancellation.

Article 13. User Liability

The User must adopt civil and reasonable behavior throughout the race, without hindering its proper execution.

The provisions of this article apply automatically to the Passenger if the latter differs from the User, the latter being responsible and guaranteeing compliance with these provisions for the Passenger.

Article 14. Severability

In the event of any provision of these General Terms and Conditions being invalid, it shall be deemed unwritten and the other provisions shall retain their force and scope.

Article 15. Applicable law - Competent courts

These General Conditions are governed by French law. Disputes between traders are subject exclusively to the Commercial Court of Nice.

In the event of a dispute, you can also contact a consumer mediator. Contact details are available on the website: Online Dispute Resolution.

COOKIES USE CHARTER

What are cookies ?

A cookie is a text file that may be saved in a dedicated space on the hard drive of your terminal* when consulting an online service using your browser software. This file allows its issuer to identify the terminal in which it is saved, during the period of validity or registration of said cookie.

• The terminal refers to the hardware equipment (computer, tablet, smartphone, etc.) that you use to consult or view a site, an application, advertising content, etc.

TranspOnyx uses cookies to collect data to improve the services we offer you, in particular to avoid you having to re-enter your identifiers and passwords each time you use the Application.

Types of cookies

During your visit to our Site, several types of cookies may be placed on your terminal or other device. These types of cookies include: usage management, personalization.

What are our purposes for using cookies?

We use cookies to remember your choices:

• Your language and country
• Your login to the Application
• Your browser settings and any “plugins” it uses
• Your preferences for using our website.

The aim is to improve your browsing experience and to produce statistics that are in no way personal in nature.

Your rights

We need to obtain your consent to place cookies on your terminal or other device. This consent is obtained when you subscribe to our services, free of charge or for a fee. If you wish to withdraw your consent, you can do so by canceling your subscription, in accordance with the instructions in your dedicated user area.

Your choices regarding cookies

You have several options for managing cookies, although this may result in you no longer being able to use the Application. However, you can express and modify your wishes regarding cookies at any time, using the methods described below.

Choices offered by your browser software:

You can configure your browser software to accept or reject cookies, either systematically or according to their issuer. You can also configure your software so that the acceptance or rejection of cookies is offered to you punctually, before a cookie is likely to be saved on your terminal.

Cookies agreement

The recording of a cookie in a terminal is subject to the will of the user of this terminal, who can express and modify this choice at any time and free of charge through the options offered by his navigation software. If you have accepted the recording of cookies in your software, these may be stored temporarily in a dedicated space on your terminal, where they will be readable only by their issuer.

Rejection of Cookies

If you refuse the recording of cookies on your device, or if you delete those that are already recorded, you will no longer be able to benefit from a certain number of features necessary to navigate in certain areas of our site. This includes access to our content or services requiring identification. Similarly, we (or our service providers) will not be able to recognize, for technical compatibility purposes, the type of browser used by your device, its language and display settings, or the country of origin of your Internet connection. In this case, we decline all responsibility for the consequences linked to a degraded functioning of our services resulting from the impossibility of recording or consulting the cookies necessary for their functioning that you have refused or deleted.

How to exercise your choices, depending on the browser you use?

To manage cookies and your choices, the configuration of each browser is different. You can find specific instructions in the help menu of your browser, which will tell you how to change your cookie preferences.

• For Internet Explorer™ : Microsoft – Block or allow cookies
• For Safari™ : Apple – Manage cookies
• For Chrome™ : Google – Manage cookies
• For Firefox™ : Mozilla – Enable and disable cookies
• For Opera™ : Opera – Manage cookies

Flash Cookies

Flash cookies, associated with "Adobe Flash Player™", are used to remember settings, preferences and usage of dynamic content developed with the Flash language. These cookies work differently from standard cookies because Flash uses a separate interface to manage this information and your choices.

If your device is likely to view content developed with Flash, we recommend that you access your Flash cookie management tools directly on the Adobe website: Adobe – Manage Flash Cookies.

Questions ?

If you have any questions or concerns regarding the use of cookies, please do not hesitate to contact us at [email protected] next to get answers to your questions.