L Y K O

Plan, compare and book

Privacy Policy

1. General information

LYKO SAS (whose registered office is located at 60 rue Lucette et René Desgrand, 69100, Villeurbanne, France), in its capacity as controller, attaches great importance to the protection and respect of your privacy. This policy is intended to inform you of our practices regarding the collection, use and sharing of information you may provide to us through our platform (the “Platform”) accessible from the website www.lyko.app or our mobile applications.

This policy (as well as our General Terms and Conditions of Use and any document referred to therein and our Cookies Policy) sets out how we treat the personal data we collect and that you provide to us. We invite you to read this document carefully to know and understand our practices regarding the processing of your personal data that we implement.

 

2. The information we collect

We may collect and process the following data:

       2.1. The information you provide us directly

By using our Platforms, you are required to provide us with information, some of which may identify you (“Personal Data”). This is particularly the case when you fill in forms (such as the registration form), when you participate in one of our games, contests, promotional offers, studies or surveys, when you contact us – whether by telephone, email or any other means of communication – or when you report a problem to us.

This information shall contain in particular the following data:

2.1.1. The data necessary to register for the service we provide on our Platforms or to access any other service provided by us. This data includes your first and last name, e-mail address, date of birth, gender, telephone number and password. This information is mandatory. Otherwise, LYKO will not be able to provide you with the services offered by our Platforms and you will not be allowed to create an account on our Platform;

2.1.2. A photograph;

2.1.3. A postal address;

2.1.4. Information about your vehicle;

2.1.5. Your mini-biography;

2.1.6. A copy of all exchanges between you and LYKO;

2.1.7 A copy of all bookings or publications made on our Platforms;

2.1.8. Details of financial or accounting transactions carried out on our Platforms or by any other means, including information relating to your payment card, your bank details, information relating to journeys booked or for which you have published an announcement on our Platforms;

2.1.9. Details of your visits to our Platforms and the content you have accessed;

2.1.10. If applicable, your answers to our surveys and questionnaires and the opinions you have left to evaluate a trip made with another member of our community, this information may be used in particular for research and analysis of user behaviour;

2.1.11. The data we may ask you to provide when you report a problem with our Platforms or services, such as the subject of your support request;

2.1.12. The data related to your location when you have agreed that we may collect and process this data;

2.1.13. A copy of your passport, driver’s license, identity card or any other similar document you have agreed to provide us with;

2.1.14. Data relating to your insurance subscription, as well as your waivers of such subscriptions, if any, and a copy of the declarations made and forms completed for the purpose of subscription or contract management or claims reporting.

      2.2. The data we automatically collect

2.2.1. In the event that you connect to our services using the social networking features provided to you, LYKO will have access to some of the data (including your first name, last name, photograph, email address and number of Facebook friends) in your account on said social network in accordance with the terms and conditions of use of the relevant social network. We may also collect some of your Personal Data when you interact with features of these social networks, such as the “I Like” features.

2.2.2. During each of your visits, we may collect, in accordance with applicable legislation and with your consent, where applicable, information relating to the devices on which you use our services or the networks from which you access our services, such as your IP addresses, connection data, types and versions of Internet browsers used, types and versions of plugins in your browser, operating systems and platforms, data concerning your browsing experience on our Platforms, including your experience on the different URL pages of our Platforms, the content you access or consult, the search terms used, download errors, the duration of viewing certain pages, the advertising ID of your device, interactions with the page and any telephone number used to contact us. Among the technologies used to collect this information, we use cookies (for more information, please refer to our Cookies Policy).

2.2.3. We also collect information about your use of our Platform (such as the number of ads published, your response rate to messages, your registration date, your average number of notices received, etc.) that may be displayed on your public profile.

2.3. How long your data will be kept

2.3.1. With the exception of the categories of Personal Data referred to in Articles 2.3.2. and 2.3.3. below, your Personal Data are archived at the end of the following periods:

5 years after your last use of our Platforms, if you have not closed your account;

1 year after the closure of your account, unless you have received a negative notice or an alert, in which case your data will be kept for 2 years following the last negative notice or alert received if this is longer.

2.3.2. The following categories of Personal Data may be stored for different periods of time:

Financial data (e.g. payments, refunds, etc.) are kept for the period required by applicable tax and accounting laws;

The content created by you on our Platforms (such as comments, opinions and ratings) is made anonymous after the deadlines mentioned in 2.3.1 but remains visible on our Platforms.

2.3.3. In the event that your account has been suspended or blocked, we keep your data for a period of 2 to 10 years from the suspension in order to avoid any circumvention by you of the rules in force on our Platforms.

 

3. How do we use the data we collect?

We use the data we collect to:

PURPOSES

LEGAL FOUNDATION

3.1 to perform the contracts concluded between you and us or between us and our business partners (e. g. insurance) and to provide you with the requested information and services; this processing is necessary for the fulfilment of our respective contractual obligations.

3.2 send you information about our services (such as booking confirmations) by e-mail, SMS or any other means of communication; this processing is necessary for the fulfilment of our respective contractual obligations and/or carried out with your consent.

3.3 collect your payments or forward to you the sums collected on your behalf; This processing is necessary for the performance of our respective contractual obligations

3.4 allow you to personalize your profile on our Platforms; this processing is carried out on the basis of your consent.

3.5 allow you to communicate and exchange with other members of our community authorised to publish on the platform, in particular with regard to our services or the journey(s) already made or which you plan to make; this processing is necessary for the performance of our respective contractual obligations and/or carried out with your consent.

3.6 give you access to and allow you to communicate with our member relationship service; this processing is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the recognition, exercise or defence of a legal claim.

3.7 ensure compliance with (i) applicable legislation, (ii) our general terms and conditions of use, and (iii) our privacy policy. In the event of any breach by you, we may suspend your account on our Platforms; this processing is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the recognition, exercise or defence of a legal claim.

3.8 send you, in accordance with applicable legal provisions and with your consent where required by law, marketing, advertising and promotional messages and information relating to the use of our services, booking procedures, or suggest and advise you of goods or services that may be of interest to you. We may also use your data to send you advertising messages that may be of interest to you on social networking platforms or third-party sites. If you would like more information on this subject, we invite you to read the contractual documents of these platforms; this processing is based on your consent and/or our legitimate interest (providing you with relevant information).

3.9 to inform you of changes to our services; This processing is necessary for (i) the performance of our respective contractual obligations, (ii) the fulfilment of our legal obligations and/or (iii) the recognition, exercise or defence of a legal claim.

 

3.10 verify the information contained in your passport, driver’s licence, identity card or any other identity document that we may have collected when you register or use our Platforms; this processing is (i) based on your consent, (ii) necessary to comply with our legal obligations and/or (iii) necessary to establish, exercise or defend a legal claim.

3.11 manage our Platforms and carry out internal technical operations in the context of problem solving, data analysis, tests, research, analyses, studies and surveys; this processing is based on our legitimate interest (ensuring the security of our Platforms and improving their characteristics).

3.12 improve and optimize our Platforms, in particular to ensure that the display of our content is adapted to your device; this processing is based on our legitimate interest (providing you with relevant content).

3.13 allow you to use the interactive features of our services if you wish; this processing is necessary for the performance of our respective contractual obligations and/or carried out with your consent.

3.14 help us to preserve a healthy and secure environment on our Platforms; and This processing is (i) based on our legitimate interest (ensuring the security of our Platforms), (ii) necessary to comply with our legal obligations and/or (iii) necessary to establish, exercise or defend a legal claim.

3.15 evaluate the effectiveness of the advertising messages we send and adapt them to our members. This processing is based on (i) our legitimate interest (measuring and optimising the effectiveness of our campaigns) and/or (ii) your consent.

 

4. Who are the recipients of the information we collect and why do we provide them with this information?

4.1. As part of the use of our services, some of your information is shared with other members of our community or bus operators authorized to publish trips on our platform, through your public profile or as part of the booking process (for example, we provide your phone number to the people you will be travelling with).

4.2. We may also share information about you, including Personal Data, with other entities of the Lyko Group in the context of this policy.

4.3. We also work closely with third party companies who may have access to your Personal Data, including :

social networking platforms that can offer you features that allow you to integrate information from your account into your Lyko profile on their own platform;

our business partners who promote their services on our Platforms and to whom you may decide to subscribe. These services may include insurance, banking, car rental, etc;

our insurance partners or insurance intermediaries in order to confirm your eligibility for insurance programs, provide you with a price, enable you to subscribe to the proposed insurance contracts and manage your claims, if any, and meet their legal and regulatory obligations;

our business partners on whose website we may advertise our services;

subcontractors we use for technical services, payment services, identity verification or analytical solutions providers.

4.4. We only share your data with the third parties mentioned in 4.3. above in the following cases:

4.4.1. When we use a service provider to perform any contract between you and us or to provide or improve our services (for example, in connection with payments made through our Platforms);

4.4.2. As part of the booking process, in order to provide the requested services, we may display on our Platforms or transmit to another member some of your Personal Data such as your first name, photograph, mobile phone number or e-mail address;

4.4.3. We publish the notices you write as part of our notification system on our Platforms. These notices, which contain your first name and the first letter of your name as well as your photograph, are visible to all visitors to our Platforms;

4.4.4. When we use search engine and analytical solution providers to improve and optimize our Platforms;

4.4.5. when you expressly request it (for example when you use authentication methods provided by social networks), subscribe to a service provided by one of our partners, ask to benefit from an offer or a good plan from one of our partners);

4.4.6. When we publish, on our business partners’ websites, certain parts of our Platforms (including the routes you have posted) via APIs or widgets. In this case, some information from your public profile may also be displayed on these sites;

4.4.7. When we have a legal obligation to do so or if we believe in good faith that it is necessary to (i) respond to any claim against Lyko, (ii) comply with any legal request, (iii) enforce any contract entered into with our members, such as the General Terms and Conditions of Use and this Privacy Policy (iv) in the event of an emergency involving public health or the physical integrity of a person, (v) in the context of investigations and investigations, or (vi) to guarantee the rights, property and safety of Lyko, its members and more generally any third party;

4.4.8. In the event that we sell or acquire a business or assets, in which case we reserve the right to share your Personal Data with the potential seller or buyer of that business or assets.

4.4.9. If Lyko or all or part of its assets are acquired by a third party, the data in our possession will, if necessary, be transferred to the new owner.

4.4.10. In accordance with applicable legislation and with your consent where required, we may aggregate data about you that we receive or send to our business partners, including all or part of your Personal Data and information collected through cookies. This aggregated information will only be used for the purposes described above.

4.4.11. We draw your attention to the fact that if you decide to give us access to some of your information, in particular your Personal Data, through connection services made available by our business partners, their privacy policies are also enforceable against you. We have no control over the collection or processing of your data by our business partners on their own platform.

 

5. How do we use and moderate your messages?

5.1. We may read the messages you exchange with other members of our community via our Platforms, in particular for the purposes of fraud prevention, improving our services, user assistance, verification of compliance by our members with the contracts concluded with us and in particular our General Terms of Use. For example, in order to prevent a member from bypassing our online booking system, we allow ourselves to review and analyze the messages exchanged on our Platforms to ensure that they do not contain any contact information or references to other websites.

5.2. We never learn of your communications with other members of our community for promotional or advertising targeting purposes. Whenever possible, we use automated systems to modulate messages sent between members via our Platforms, without any individual decisions being made.

 

6. Targeted advertising, e-mails and SMS that we send you

In accordance with applicable legislation and with your consent where required, we may use the data you provide to us on our Platforms for marketing purposes (for example, to (i) send you our newsletters, (ii) send you invitations to our events or other communications that may be of interest to you and (iii) display targeted advertisements on social media platforms or third-party sites).

With respect to promotional emails: You may withdraw your consent at any time by (i) unchecking the box in your account, (ii) clicking on the unsubscribe link provided in each of our communications or (iii) contacting us as described in section 13 below.

With regard to targeted advertising:

On social network platforms (e. g. Facebook, Twitter): you can oppose this processing at any time by configuring the settings relating to the advertising of your account;

On third party sites: you can refer to our Cookies Policy to understand how to withdraw your consent.

 

7. Is your data transferred, how and where?

As a general rule, we store your Personal Data within the European Union. However, to the extent that, for example, some of our service providers are located in countries outside the European Union (“Third Countries”), we transfer some of your Personal Data to Third Countries. This may be the case in particular for Third Countries for which the European Commission has not taken a “adequate protection” decision. In such a case, we ensure that this transfer is carried out in accordance with the applicable regulations and guarantees a sufficient level of protection, a sufficient level of protection of privacy and fundamental rights of individuals (in particular by the European Commission’s standard contractual clauses).

 

8. What are your rights to your personal data?

8.1. You have the right to receive a copy of your Personal Data in our possession (“right of access”).

8.2. You may also request the deletion of your Personal Data and the correction of erroneous or obsolete Personal Data (“right of deletion and right of rectification”). Please note that we may retain certain information about you when required to do so by law or when we have a legitimate reason to do so. This is the case, for example, if we believe that you have committed fraud or violated our Terms of Use and we want to prevent you from circumventing the rules applicable to our community.

8.3. You also have the right to object at any time for reasons relating to its particular situation, (i) to the processing of your Personal Data for direct marketing purposes or to processing carried out on the basis of our legitimate interest (“right of opposition”).

8.4. You have the right to limit the processing of your Personal Data (“right to limit”). Please note that this right only applies if (i) you dispute the accuracy of your Personal Data during the period in which we verify its accuracy; (ii) in the event of unlawful processing by us and you request a limitation of their use rather than deletion, (iii) we no longer need the personal data for processing purposes but they are still necessary for you to establish, exercise or defend legal rights; (iv) in the event of the exercise of your right of objection during the verification period as to whether the legitimate grounds we are pursuing prevail over yours.

8.5. You have the right to file a complaint with the competent supervisory authority or to obtain compensation from the competent courts if you consider that we have not respected your rights.

8.6. You also have the right to the portability of your data, i.e. the right to receive the Personal Data you have provided us in a structured format, commonly used and readable by the machine and the right to transmit this data to another controller (“right to portability”).

8.7. You also have the right to define guidelines regarding the fate of your Personal Data after your death.

8.8. To exercise these rights, you may contact our Personal Data Protection Officer in accordance with the procedures defined in Article 13 below.

 

9. Cookies and similar technologies

For more information, see our Cookies Policy.

 

10. Confidentiality of your password

You are responsible for maintaining the confidentiality of the password you have chosen to access your account on our Platforms.

You agree to keep this password secret and not to share it with anyone.

 

11. Links to other websites and social networks

Our Platforms may occasionally contain links to the websites of our partners or third party companies. Please note that these websites have their own privacy policies and that we are not responsible for the use made by these websites of the information collected when you click on these links. We encourage you to review the privacy policies of these sites before providing them with your Personal Data.

 

12. Modification of our privacy policy

We may occasionally change this Privacy Policy from time to time. When necessary, we will inform you and/or seek your consent. We recommend that you visit this page regularly to review any changes or updates to our privacy policy.

 

13. Contact Information

If you have any questions about this privacy policy or if you have any questions about your personal data, you can contact us by email at

by sending us a letter to the following address: Lyko – For the attention of the Data Protection Officer – 60 rue Lucette et René Desgrand – 69100 Villeurbanne – France or by e-mail to privacy@lyko.tech

Version updated on October, 7,  2019