Legal

Imprint

ogotrac SAS
12 Rond-point Champs Elysées M. Dassault
75008 Paris

Email: bonjour@share-now.com
Phone: +33 (0) 1 872 11 998
Court of Registry: RCS Paris
Commercial Register No.: 534926712
VAT - No.: FR23534926712
Board of Directors: Horacio Reartes, Andrea Leverano, Slavko Bevanda



Information about online dispute resolution
The European Commission has established an internet platform for online dispute resolution (so called “ODR platform”). The ODR platform is a point of entry for out-of-court resolutions relating to contractual obligations of online sales contracts or online service contracts. You can get to the ODR platform by following the link:

https://ec.europa.eu/consumers/odr

Privacy notice

1. Data protection

We are pleased about your visit on our web pages and your interest in our offers. The protection of your personal data is an important concern for us. In this Privacy Notice we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and which rights and claims are associated with it for you.

Our Privacy Notice for the use of our web pages does not apply to your activities on the web pages of social networks or other providers that you can reach via the links on our web pages. Please check the web pages of these providers for their privacy notices.

As changes in the law or changes in our internal processes may make it necessary to adapt this Privacy Notice, we ask you to read this Privacy Notice regularly.



2. Controller and applicability

According to the EU General Data Protection Regulation (hereinafter: GDPR) and other national data protection laws as well as other data protection regulations, the controller is:

OGOTRAC SAS
12-14 rond point des Champs Elysées
75008 Paris, email address: Phone: +33 1 872 11 998
Email: bonjour@share-now.com

This Privacy Notice applies to the Internet offer of OGOTRAC SAS, which can be accessed under the domain www.share-now.com as well as the various subdomains (hereinafter referred to as "our website").

If you have any questions on this Privacy Notice, please contact our data protection officer:

Data Protection Officer
SHARE NOW GmbH
Brunnenstrasse 19-21
10119 Berlin
Germany
Email address: dataprotection@share-now.com



3. Principles of data processing

Personal data means any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, your age, your address, your telephone number, your date of birth, your e-mail address, your IP address or user behaviour. Information for which we cannot establish a relation to your person (or only with a disproportionate effort), e.g. by anonymising the information, is not personal data.

The processing of personal data (e.g. collection, retrieval, use, storage or transmission) always requires a legal basis (which can be your consent). Processed personal data will be deleted as soon as the purpose of the processing has been achieved and there are no longer any legally required retention obligations.

If we process your personal data for the provision of certain offers, we will inform you below about the specific processes, the scope and purpose of the data processing, the legal basis for the processing and the respective storage period.



4. Individual processing operations

4.1. Provision and use of the website

a. Nature and extent of data processing
When you access our website, we collect the personal data that your browser automatically transmits to our servers. This information is temporarily stored in a so-called log file. When you use our website, we collect the following data, that is technically necessary for us to display our website to you and to ensure stability and security:

  • IP address of the requesting computer/device
  • Date and time of access
  • Access status (e.g. whether you were able to access a web page or whether you received an error message)
  • Name and URL of the file accessed
  • Web page from which access was made (referrer URL)
  • Browser used and, possibly, the operating system of your computer/device, as well as the name of your access provider
  • Information on the use of website functions
  • Information on the search terms you may have entered on the website

b. Legal basis
Art. 6 (1) 1 lit. f GDPR serves as the legal basis for the above-mentioned data processing. The processing of the above-mentioned data is necessary for the provision of the website as well as for the prevention and detection of attacks on our website and thus serves the protection of a legitimate interest of our company.

c. Storage period
The above-mentioned data is deleted as soon as it is no longer required for the display of the website. The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object. Further storage may take place in individual cases if this is required by law. Log Data will be deleted in any event after 6 months.



4.2. Registration / User account

a. Nature and extent of data processing
On our website, we offer you the option of registering by providing personal data. With the processed data, we create an individualised user account for you, with which you can use our services.

The following overview shows you in detail which personal data we process when you register:

  • Title
  • Name
  • Surname
  • Date of birth
  • Place of birth
  • Home address
  • Postcode
  • Place of residence
  • Mobile phone number
  • Country
  • City
  • Language
  • Password
  • Magic PIN
  • Promotional code

b. Legal basis
The processing of the personal data outlined above serves the performance of a contract between you and OGOTRAC SAS or to implement pre-contractual measures pursuant to Art. 6 (1) lit. b GDPR.

c. Storage period
As soon as the processed data is no longer required for the performance of the contract, it will be deleted. Even after termination of the contract, it may be necessary to store your personal data in order to comply with contractual or legal obligations. The data will then be archived with limited access during the statute of limitations period.

d. Cancellation of the registration / Deletion of the user account
As a user, you have the option of cancelling your registration at any time. You can modify the data stored about you at any time via the settings of your user account.

However, if the processed data is required for the processing/termination of a contract, early deletion of the data is not possible.



4.3. Reserve a car

a. Nature and extent of data processing
On our website, we offer our registered users the possibility of reserving vehicles for a certain period of time and having them delivered to an address of their choice. For this purpose, we process the following personal data from you in addition to the data you have provided for your user account:

  • Delivery address
  • Delivery date
  • Delivery time
  • Selected vehicle category

b. Legal basis
The processing of the personal data outlined above serves the fulfilment of our reservation service in accordance with Art. 6 (1) lit. b GDPR.

c. Storage period
As soon as the processed data is no longer necessary for the fulfilment of our reservation services, it will be deleted.

Even after the service has been provided or the contract has been terminated, it may be necessary to store personal data from you in order to comply with contractual or legal obligations. The data will then be archived with limited access during the statute of limitations period.



4.4. Invitation of additional drivers

a. Nature and extent of data processing
In the course of reserving a vehicle, it is possible to register an additional driver. Adding this option generates a link that the primary driver sends to the additional driver.

The link leads the additional driver to a login area that shows from whom the invitation originates. After the additional driver has logged in or registered, the invitation to the specific trip (vehicle class and other vehicle criteria, starting location, trip area, rental duration) can be accepted or declined. We transmit the decision of the additional driver to the main driver. If no decision is made, the main driver will also be informed accordingly.

b. Legal basis
The processing of the personal data of the main driver (booking of additional driver and transmission of the name and other booking data to the additional driver) is carried out for the performance or initiation of a contract pursuant to Art. 6 (1) lit. b GDPR.

The processing of the additional driver's personal data is also generally carried out to initiate a contract in accordance with Art. 6 para. 1 lit. b GDPR or, if the invitation is not accepted, on the basis of an overriding legitimate interest pursuant to Art. 6 (1) lit. f GDPR.

c. Storage period
As soon as the processed data is no longer necessary for the above-mentioned purposes (i.e. the duration of the contract), it will be deleted. Even after termination of the contract, it may be necessary to continue to store personal data in order to comply with contractual or legal obligations. The data will then be archived with limited access during the statute of limitations period.



4.5. SHARE NOW partner

a. Nature and extent of data processing
As part of the registration process, we offer you the opportunity to receive discounts, free products and special offers from our SHARE NOW partners via e-mails, push messages, in-app notifications on our website, as an "in-car-notice" or by post. Your personal data will not be transmitted to the SHARE NOW partners. A list of SHARE NOW partners is available at share-now.com/fr/en/collaborations.

b. Legal basis
The processing of your personal data for the data processing for the purpose described above is based on the consent voluntarily given by you in accordance with Art. 6 (1) lit. a GDPR.

c. Storage period
Your personal data will be stored until the purpose of the data processing no longer applies, and at the latest 3 years after your last contact, or until you have withdrawn your consent.



4.6. Contact form (SHARE NOW for Business)

a. Nature and extent of data processing
On our website, we offer you the opportunity to contact us via a form provided if you are interested in our "SHARE NOW for Business" service. If you use the contact form, the following personal data will be processed (as a contact detail for the company you represent):

  • Title
  • Name
  • Surname
  • Name of your company
  • Address
  • Postcode
  • Telephone number
  • Email address
  • Your message to us

The processing of your personal data serves the purpose of classifying your enquiry and responding to you. When using the contact form, your personal data will, in general, not be transferred to third parties.

If there is interest in a future cooperation, the personal data from the contact form is transferred to our lead database. For this, we use the Salesforce Sales Cloud tool from Salesforce.com, Inc. (One Market Street, San Francisco, CA 94105 USA), with who we have concluded a Data Processing Agreement in accordance with Art. 28 GDPR to ensure the security of your personal data.

Appropriate safeguards may not currently exist for data transfers to the US. There are restrictions on the protection of personal data resulting from the fact that, under US law, security authorities can access data transferred from the EU to the US and use it without restriction to what is strictly necessary. As a data subject without US citizenship, you cannot take legal action against such use. However, we have concluded Standard Contractual Clauses with the service provider to ensure the security of your personal data.

You may ask for a copy of these Standard Contractual Clauses by contacting us at dataprotection@share-now.com.

b. Legal basis
The processing of the personal data described above serves the purpose of implementation of pre-contractual measures in accordance with Art. 6 (1) lit. b GDPR.

c. Storage period
As soon as the enquiry you have made has been dealt with and you have no further interest in cooperation, the personal data will be deleted. If your personal data is transferred to our lead database in the event of an existing interest in cooperation, the relevant limitation and retention periods of the national laws  apply, and your data will be retained for the duration of the cooperation or, in case of no cooperation, at the latest 3 years after your last contact.



4.7. SHARE NOW Rewards

a. Nature and extent of data processing
As part of our so-called SHARE NOW Rewards programme, we offer our participating customers to receive and collect points for vehicle rentals made and to receive various rewards for this. For the purpose of providing the programme, we process your personal data, in particular the customer ID and data relating to the vehicle rental. For this we use the services of the external service provider Talon.One GmbH (Wiener Strasse 10, 10999 Berlin) in order to be able to customise certain conditions or features. We have concluded Data Processing Agreement with the service provider to ensure the security of your personal data.

You can find more information about SHARE NOW Rewards here:   https://www.share-now.com/fr/en/share-now-rewards/

b. Legal basis
Participation in the SHARE NOW Rewards programme is voluntary. Our customers can participate in and register for the programme at any time. The processing of personal data therefore serves the performance of the contract with the participating customer and is based on Art. 6 (1) lit. b GDPR.

c. Storage period
Your data will be retained for the duration of your participation in the SHARE NOW Rewards programme. Once the processed data is no longer necessary for the provision of SHARE NOW Rewards benefits, it will be deleted.

Even after the contract has been terminated, it may be necessary to store personal data about you in order to comply with contractual or legal obligations. The data will then be archived with limited access during the statute of limitations period.



4.8. Friend Referral Programme

a. Nature and extent of data processing
If you use the friend referral programme, we process the following personal data of you and of the referred new customer:

  • Customer ID
  • Referral code
  • Customer ID of the referred new customer

The processing of personal data serves the purpose of providing the benefits and to process enquiries or complaints about the Friend Referral Programme.

b. Legal basis
Participation in the Friends Referral Programme is voluntary. Our customers can generate a referral code at any time and then forward it to the referred new customer. The processing of personal data therefore serves the performance of the contract with the existing customer as well as the referred new customer and is based on Art. 6 (1) lit. b GDPR.

c. Storage period
As soon as the processed data is no longer necessary for the provision of the Friend Referral benefits, it will be deleted.

Even after the termination of a contract, it may be necessary to store personal data of the parties involved in order to comply with contractual or legal obligations. The data will then be archived with limited access during the statute of limitations period.



5. Data transfer

We only transfer your personal data to third parties if there is an appropriate legal basis for doing so, in particular if:

  • You have given your explicit consent to this in accordance with Art. 6 (1) sentence 1 lit. a GDPR
  • This is necessary for the performance of a contract with you in accordance with Art. 6 (1) sentence 1 lit. b GDPR
  • There is a legal obligation for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c GDPR
  • The transfer is necessary in accordance with Art. 6 para. 1 p. 1 lit. f GDPR for the purposes of legitimate interests, as well as for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest to not transfer your data.

In any event, External service providers process data on our behalf pursuant to Art. 28 GDPR.



6. Use of cookies and similar technologies

We use cookies and similar technologies on our website. Cookies are small files that are sent by us to the browser of your terminal device during your visit to our website and stored there. Some functions of our website cannot be offered without the use of technically necessary cookies. Other cookies, however, upon your consent, enable us to perform different analyses. Cookies are, for example, able to recognise the browser you are using when you visit our website again and to transmit various information to us. With the help of cookies, we can, among other things, design our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly via your browser.

While your cookie consent will be renewed after 6 months, the information collected through cookies is kept for a maximum period of twenty-five months.

Which cookies and similar technologies are used can be found in the detailed information, in particular on the processing purposes and the personal data processed, in the cookie settings.



7. Automated decision-making

No automated decision-making takes place, which is solely based on automated processing, including profiling, and resulting in a legal consequence or impairing you in a similar manner.



8. Right to object

When your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, on grounds relating to your particular situation or if the objection is directed against direct marketing. In the case of direct marketing, you have a general right to object, which is implemented by us without provision of a particular situation.



9. Data security and security measures

We are committed to protecting your privacy and treating your personal data confidentially. To prevent manipulation, loss or misuse of your data stored with us, we take extensive technical and organisational protection measures that are regularly reviewed and adapted to technological progress. These include, among other things, the use of recognised encryption procedures (SSL or TLS).
 However, we would like to point out that, due to the structure of the Internet, it is possible that the data protection rules and the above-mentioned security measures are not observed by other persons or institutions that are not within our area of responsibility. In particular, data disclosed unencrypted - e.g. if this is done by email - can be read by third parties. We have no technical influence on this. It is the user's responsibility to protect the data he or she provides against misuse by encrypting it or in any other way.



10. Rights of the data subject

The GDPR gives you the following rights as a data subject whose personal data is being processed:

  • Pursuant to Art. 15 GDPR, you can request access to your personal data processed by us. In particular, you can request access to the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it has not been collected by us, the transfer to third countries or to international organisations, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details.


  • Pursuant to Art. 16 GDPR, you can request the rectification of inaccurate or the completion of your personal data stored by us without undue delay.


  • Pursuant to Art. 17 GDPR, you may request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of speech and freedom of information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.


  • Pursuant to Art. 18 GDPR, you may request the restriction of the processing of your personal data if you contest the accuracy of the data, the processing is unlawful, we no longer need the data and you object to their deletion because you need them to establish, exercise or defend legal claims. You also may have the right under the Art. 18 GDPR if you have objected to the processing pursuant to Art. 21 GDPR.


  • Pursuant to Art. 20 GDPR, you may request to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format or you may request that it be transmitted to another controller.


  • Pursuant to Art. 7 (3) GDPR, you may withdraw your consent at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future.


  • Pursuant to Art. 48 of the French Data Protection Act, you may give instructions as to the fate of your personal data after your death.

You may exercise any of the above rights by contacting us at bonjour@share-now.com.

Pursuant to Art. 77 of GDPR, you have the right to lodge a complaint with a supervisory authority. Generally, you can contact the supervisory authority of your habitual residence, your place of work or our company headquarters. In France, the supervisory authority is the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy, 75007 Paris.

Last updated: September 2021