LÉGAL | POLITIQUE DE CONFIDENTIALITÉ

1. Introduction

When you use Bongéni, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. This Privacy Policy (“Policy”) describes the personal data we collect, how it’s used and shared, and your choices regarding this data.

2. Overview

This policy applies to users of Bongéni’s services, including users of Bongéni’s apps, websites, features, or other services.

This policy describes how Bongéni and its affiliates collect and use personal data. This policy applies to all users of our apps, websites, features, or other services. This policy specifically applies to:

• Senders/Recipients: individuals who request or receive to arrange and schedule transportation, moving and/or logistics services (collectively, “logistics services”), including those who receive logistics services requested by another individual;
• Drivers: individuals who provide, or submit applications to Bongéni to provide, transportation, moving and/or logistics services individually or through partner transportation companies.
• Partners: our partner transportation companies and other partners and/or end users who use our Platform to facilitate delivery and/or sale of products.

This policy also governs Bongéni’s other collections of personal data in connection with Bongéni’s services. For example, we may collect the contact information of individuals who use accounts owned by Bongéni for Business customers, or we may collect other personal data in connection with our mapping technology and features.

All those subject to this policy are referred to as “users” in this policy. 

Bongéni Ltd is the data controller for the personal data collected in connection with use of Bongéni’s services. Questions, comments, and complaints about Bongéni’s data practices can be submitted to data.controller@bongeni.mu. You also have the right to complain to the Data Protection Commissioner, and to lodge an appeal if you are not happy with the outcome of a complaint.

3. Data collections and uses

A. The data we collect

Bongéni collects:

• Data provided by users to Bongéni, such as during account creation
• Data created during use of our services, such as location, app usage, and device data
• Data from other sources, such as Bongéni partners and third parties that use Bongéni APIs

The following data is collected by or on behalf of Bongéni:

1. Data provided by users. This includes:

• User profile: We collect data when users create or update their Bongéni accounts. This may include their name, email, phone number, login name and password, address, profile picture, banking information, government identification documents, including ID number and images, driver’s license numbers and images, birthdate, signature, and photo. This also includes vehicle or insurance information of drivers and user settings. We may use the photos submitted by drivers to verify their identities, such as through facial recognition technologies. For more information, please see the section titled “How we use personal data.”
• Certificate of Character and identity verification: We collect Certificate of Character and identity verification information for drivers. This may include information such as driver history (to the extent permitted by law), and eligibility to provide logistics services. This information may be collected by an authorised vendor on Bongéni’s behalf.
• Demographic data: We may collect demographic data about users, including through user surveys.
• User content: We collect the information users submit when they contact Bongéni customer support, provide ratings or compliments for other users, or otherwise contact Bongéni. This may include feedback, photographs or other recordings collected by users.

2. Data created during use of our services. This includes:

• Location data: We collect precise or approximate location data from a user’s mobile device if enabled by the user to do so. Bongéni collects this data when the Bongéni app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of user’s mobile device. Senders may use the Bongéni apps without enabling Bongéni to collect location data from their mobile devices. However, this may affect some functionality available in the Bongéni apps. For example, a user who has not enabled location data collection will have to manually enter their address. In addition, the location data is collected from a driver device while performing logistic services, including for purposes of receipt generation, customer support, fraud detection, insurance, and litigation.
• Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, load details, pickup and drop-off information, date and time the service was provided, amount charged, route, distance traveled, and payment method and whether you used a promotional or referral code.
• Usage data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we and our third-party service providers collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please refer to Section Cookies and Third-Party Technologies.
• Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
• Communications data: We enable users to communicate with each other and Bongéni through Bongéni’s mobile apps and websites. For example, we enable drivers and senders to call, text, or send other files to each other. To provide this service, Bongéni receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Bongéni may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

3. Data from other sources. This includes:

• User feedback, such as ratings, feedback, or compliments.
• Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.
• Bongéni account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. This includes owners of Bongéni for Business accounts.
• Users or others providing information in connection with claims or disputes.
• Bongéni business partners through which users create or access their Bongéni account, such as payment providers, social media services, or apps or websites that use Bongéni’s APIs or whose APIs Bongéni uses.
• Vendors who may help us verify users’ identity, background information, and eligibility to provide logistics services, for regulatory, safety, and security purposes.
• Insurance, vehicle, or financial services providers.
• Partner transportation companies (for drivers who use our services through an account associated with such a company).
• Publicly available sources.
• Marketing service providers.

Bongéni may combine the data collected from these sources with other data in its possession.

B. How we use personal data

Bongéni collects and uses data to enable reliable and convenient transportation, moving and logistics services. We also use the data we collect:

• To enhance the safety and security of our users and services
• For customer support
• For research and development
• To enable communications between users
• To send marketing and non-marketing communications to users
• In connection with legal proceedings

Bongéni does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

Bongéni uses the data it collects for purposes including:

1. Providing services and features. Bongéni uses the data we collect to provide, personalise, maintain, and improve our products and services.

This includes using the data to:

• Create and update users’ accounts.
• Verify drivers’ identity, background history, and eligibility to provide logistics services.
• Enable moving, transportation, logistics and other services.
• Offer, process, or facilitate payments for our services.
• Offer, obtain, provide, or facilitate insurance, invoicing, or financing solutions in connection with our services.
• Track and share the progress of deliveries.
• Enable features that allow users to share information with other people, such as when senders submit a compliment about a driver, refer a friend to Bongéni, or share ETA and location with their contacts.
• Enable features to personalize users’ Bongéni accounts, such as creating bookmarks for favorite places, and to enable quick access to previous pickup and drop-off locations.
• Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

2. Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:

• Screening senders, drivers, and partners before enabling their use of our services and at subsequent intervals, including through reviews of Certificate of Character, to the extent permitted by law, to help prevent use of our services by unsafe drivers and/or fraudulent senders.
• Using data from drivers’ devices to help identify unsafe driving behaviour such as speeding or harsh braking and acceleration, and to inform them of safer driving practices.
• Using information derived from driver’s license photos, and other photos submitted to Bongéni, for safety and security purposes. This includes Bongéni’s Real-Time ID Check feature, which prompts drivers and delivery partners to share a selfie before going online to help ensure that the driver or delivery partner using the app matches the Bongéni account we have on file. This also includes comparing photographs that we have on file against photographs (i) of other users to prevent identity-borrowing, and (ii) from public databases to verify user identity.
• Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.
• Using user ratings and feedback to encourage compliance with our Terms and Conditions and as grounds for deactivating drivers and delivery partners with low ratings or who otherwise violated such terms.

3. Customer support. Bongéni uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:

• Direct questions to the appropriate customer support person
• Investigate and address user concerns
• Monitor and improve our customer support responses and processes

4. Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.

5. Enabling communications between users. For example, a driver may message or call a sender to confirm a pickup location.

6. Marketing. Bongéni may use the data we collect to market our services to our users. This includes sending users communications about Bongéni services, features, promotions, studies, surveys, news, updates, and events.

We may also send communications to our users about products and services offered by Bongéni partners. Although we may send users communications about Bongéni partners’ products and services, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.

We may use the data we collect to personalise the marketing communications (including advertisements) that we send, including based on user location, past use of Bongéni’s services, and user preferences and settings.

7. Non-marketing communications. Bongéni may use the data we collect to generate and provide users with invoices; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Bongéni or its partners.

8. Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of Bongéni’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

9. Automated decision-making

We use personal data to make automated decisions relating to use of our services. This includes:

• Matching available drivers to senders requesting services. Users can be matched based on availability, proximity, rating and other factors.
• Determining driver ratings, and deactivating drivers, senders and partners with low ratings.
• Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Bongéni, its users, and others. In some cases, such as when a user is determined to be abusing Bongéni’s referral program, such behaviour may result in automatic deactivation.
• Using driver location information, and communications between senders and drivers, to identify cancellation fees earned or induced through fraud. For example, if we determine by using such information that a driver is delaying an order pickup in order to induce a cancellation, we will not charge the sender a cancellation fee and will adjust the amounts paid to the driver to omit such a fee. To object to such adjustment, please contact Bongéni customer support.

To object to an account deactivation resulting from these processes, please contact Bongéni customer support.

C. Cookies and third-party technologies

Bongéni and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Bongéni uses cookies and similar technologies for purposes such as:

• Authenticating users
• Remembering user preferences and settings
• Determining the popularity of content
• Delivering and measuring the effectiveness of advertising campaigns
• Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.

D. Data sharing and disclosure

Some of Bongéni’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.

Bongéni may share the data we collect:

1. With other users

This includes sharing:

• Senders’ first name, contact information, rating, and pickup and/or drop-off locations with drivers.
• For drivers, we may share data with the sender(s), including name, and photo; vehicle make, model, colour, license plate, and vehicle photo; location (before and during trip); average rating provided by users; total number of trips; length of use of the Bongéni app; contact information; and driver profile, including compliments and other feedback submitted by past users. We also provide senders with receipts containing information such as a breakdown of amounts charged, driver first name, photo, route, and such other information required on invoices.
• For those who participate in Bongéni’s referral program, we share certain personal data of referred users, such as trip count, with the user who referred them, to the extent relevant to determining the referral bonus.

2. At the user’s request

Questions or comments from users submitted through public forums such as Bongéni blogs and Bongéni social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.

3. With Bongéni service providers and business partners

Bongéni provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:

• Payment processors and facilitators
• Drivers background check and identity verification providers
• Cloud storage providers and information technology partners
• Marketing partners and marketing platform providers, including social media advertising services
• Data analytics providers
• Research partners, including those performing surveys or research projects in partnership with Bongéni or on Bongéni’s behalf
• Vendors that assist Bongéni to enhance the safety and security of its apps
• Consultants, lawyers, accountants, and other professional service providers
• Fleet partners
• Insurance and financing partners

4. For legal reasons or in the event of a dispute

Bongéni may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect Bongéni’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including trip or order information, with the owner of that credit card.

This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

5. With consent

Bongéni may share a user’s personal data other than as described in this policy if we notify the user and they consent to the sharing. 

E. Data retention and deletion

Bongéni retains user profile, transaction, and other personal data for as long as a user maintains their Bongéni account.

Bongéni may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements.

Bongéni retains user profile, transaction, and other information for as long as a user maintains their Bongéni account. For drivers Bongéni also retains vehicle and Certificate of Character information (to the extent permitted by law) for as long as they maintain their Bongéni account.

Senders may request deletion of their account at any time through the Settings > Privacy menus in the Bongéni app, or through Bongéni Support Center. Following such requests, Bongéni deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. In certain circumstances, Bongéni may be unable to delete a user’s account, such as if there’s an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Bongéni will delete the account as described above.

Bongéni may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if Bongéni deactivates a user’s account because of unsafe behaviour or security incidents, Bongéni may retain certain information about that account to prevent that user from opening a new Bongéni account in the future.

F. Grounds for processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of Bongéni’s legitimate interests or those of other parties, to fulfil our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

a. To provide requested services and features

In order to provide our services, we must collect and use certain personal data. This includes:

• User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their orders, and accounts; and enable users to make payments or receive earnings
• Background trip information, which is used to verify an applicant’s eligibility to be a driver
• Driver location data, which we use to track trips and assist with navigation
• Usage data, which is necessary to maintain, optimise, and enhance Bongéni’s services, including to determine incentives, connect senders and drivers, and calculate fares and and driver earnings
• Transaction information
• Information relating to customer support

b. For purposes of the legitimate interests of Bongéni or other parties

This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our services by users who have engaged in inappropriate or dangerous behaviour, such as by retaining data of banned users to prevent their use of Bongéni’s apps. We also use usage data to prevent matching of senders and drivers for whom there is higher risk of conflict (for instance, because they have been the subject of prior complaints from other users).

This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing Bongéni’s Terms of Service.

In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

c. To fulfil Bongéni’s legal obligations

Bongéni may share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.

d. With consent

Bongéni may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.

A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

4. Settings

Bongéni enables users to access and control the data that Bongéni collects, including through:

• In-app settings
• Device permissions
• In-app ratings pages
• Marketing opt-outs

Bongéni also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that Bongéni restrict its processing of user personal data.

A. Privacy settings

Settings menus in the Bongéni app for senders give them the ability to set or update their location-sharing preferences and their preferences for receiving mobile notifications from Bongéni. Bongéni uses senders’ device location services to make it easier to get a pickup whenever they request one. Location data helps improve our services, including pickups, navigation, and customer support.

Senders may enable or disallow Bongéni to collect location data from their mobile devices through the Settings > Privacy menus in the Bongéni app.

B. Device permissions

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Bongéni app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Bongéni app seeks before their first use of the app, and use of the app constitutes a grant of such permission.

C. Ratings look-up

After every trip, drivers and senders are able to rate each other on a scale from 1 to 5. An average of those ratings is associated with a user’s account and is displayed to other users for whom they provide or receive services. For example, sender ratings are available to drivers from whom they request logistics services, and driver ratings are available to their senders.

This 2-way system holds everyone accountable for their behaviour. Accountability helps create a respectful, safe environment for drivers and senders. Senders can see their average rating in the main menu of the Bongéni app. Drivers can see their average rating after tapping their profile photo in the Bongéni Driver app.

D. Marketing opt-outs

Users may opt out of receiving promotional emails, information emails and other messages from Bongéni by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts for deliveries or information about their account.

5. Updates to this policy

We may occasionally update this policy. Use of our services after an update constitutes consent to the updated policy to the extent permitted by law. If we make significant changes, we will notify users in advance of the changes through the Bongéni apps or through other means, such as email. We encourage users to periodically review this policy for the latest information on our privacy practices. After such notice, use of our services will be understood as consent to the updates to the extent permitted by law.