Eye Safe (Driver Module)

Terms and Conditions for Private Hire Drivers who Sign Up through an Operator and for Hackney Carriage Drivers

Version 3.4                                        12 March 2019

Section 1 – Introduction

1. These Terms and Conditions apply to the use of your Eye Safe Account.
2. You confirm that you are a Licensed Private Hire Driver or a Licensed Hackney Carriage Driver.
3. Eye Safe is a taxi aggregator, a booking service and a services marketplace providing Riders with a platform from which they can contract with Partner Driver and/or PHV Operators to obtain Taxi Services.
4. Eye Safe does not provide Taxi Services itself but instead provides a medium through which Riders may obtain Taxi Services.
5. By accepting these Terms and Conditions, You acknowledge that Eye Safe is a software provider providing a platform on which You and / or PHV Operators can be connected to Riders to provide Taxi Services.
6. This agreement authorises You to use the Eye Safe Platform and Services to assist you in providing Taxi Services within Your licensed geographical areas only.
7. Eye Safe reserve the right to amend and review these Terms and Conditions as We see fit.

Section 2 – Definitions

1. “We”, “Us” ,“Our” and “Eye Safe”: Eye Safe Ltd, a company incorporated and registered in England and Wales with company number 10410930 and with its registered main office being at Finchley Mews, Finchley Road, Grays Essex, RM17.
2. “You” and “Your”: A Partner Driver who creates an account to access and utilise the Services.
3. Area: The licensing authority territories where PHV Operators, Private Hire Vehicles and/or Hackney Carriages are legally allowed and registered for the provision of Taxi Services.
4. Booking Fee: The £1.50 charged by Us for every service booked through the Eye Safe Platform.
5. Cancellation Fee: The fee charged by You to Riders for cancelling a Ride calculated as 20% of the total fare estimate plus the Booking Fee.
6. Commission: the rate of commission agreed by Us with your PHV Operator.
7. Charges: every fee charged by EyeSafe to drivers and operators for the use of the platform as stated below in these policies and which are VAT inclusive.
8. ETA: Estimated Time of Arrival both for the Taxi Service to arrive to the pick-up point and throughout the ride to the arrival to drop off point.
9. Eyes: Eyes are tokens that can be used to pay for trips on the Eye Safe Platform and whose value will be the equivalent of 1 Eye = 1 Pound Sterling.
10. Eye Safe Account: An account that has been opened with Eye Safe by a customer which allows him/her to use our Services.
11. Eye Safe App: Any of the mobile application modules through which Riders, You and PHV Operators access the Eye Safe Platform.
12. Eye Safe Platform: Any part of the Eye Safe App ecosystem provided by Eye Safe to deliver the Service. This includes the set of smart phone and tablet computer applications, the kiosks and the web-based applications.
13. Eye Safe website: www.eyesafe.london and any other websites which may be added in the future.
14. Fare: the amount charged by You to the Rider for the Ride or proposed to be charged as the case may be
15. Future Booking: The booking of a Taxi Service for pick-up at some time in the future, including any time from 60 mins plus (i.e. in 60 minutes or in 2 hours or in 3 days).
16. Hackney Carriage Driver: Any driver who is licensed as a Hackney Carriage and who through use of the Eye Safe Platform can access, accept and complete a Taxi Service which has been requested by a Rider.
17. Hackney Carriage Commission Fee: The fee charged by Eye Safe which is based upon the “Rank” held by Hackney Carriage Drivers in the MEye Rank Loyalty Scheme as specified in Section 10 and 12.
18. Immediate Booking: The booking of a Taxi Service for immediate pick-up (i.e. not a booking for some point in the future).
19. Navigation Route: The suggested route for the Ride generated by Us on Your and/or Your PHV Operator behalf using our partner navigation service.
20. Partner Driver: Any private hire driver who is registered with a PHV Operator or any Hackney Carriage Driver who through use of the Eye Safe Platform can access, accept and complete a Ride which has been requested by a Rider.
21. PHV Driver Commission Fee: The Commission Fee charged by Us where your PHV Operator elects for Us to pay You directly
22. PHV Operator: Any licensed taxi operator, through whom a Partner Driver provides their services and who is authorised to utilise Eye Safe’s Platform as a PHV Operator to access to its Services including its pool of Riders.
23. Quote: the estimated price for the Taxi Services generated by Us on Your and/or Your PHV Operator behalf for the Navigation Route using the pricing information provided by You and/or Your PHV Operator.
24. Ride: The provision of a particular ride by either a Partner Driver or PHV Operator to a Rider.
25. Rider: Any individual or any business / organisation who creates an account to access and use Taxi Services provided through the Eye Safe Platform.
26. Services: The provision of taxi aggregation, taxi E-hailing and taxi booking services via the Eye Safe Platform for the purpose of permitting Riders, Partner Drivers and PHV Operators to connect for the purposes of obtaining and providing Taxi Services.
27. Stripe Fees:  the fees charged to us by Stripe Inc. of 510 Townsend Street San Francisco, CA 94103, USA and/or its subsidiaries including but not limited to Stripe Payments Europe, Ltd for processing payments relating to the Ride and/or sums paid to or payable from You and/or your PHV Operator including fees relating to cashing out balances. For more information on the charges see https://stripe.com-terms/legal.
28. Taxi Services: The provision of transportation services by either a Partner Driver or PHV Operator to a Rider.
29. User: Any individual or any business / organisation who creates an account and uses the Services via the Eye Safe Platform.
30. Vehicle: the vehicle(s) You use to provide the Taxi services

Section 3 – Opening an Eye Safe Account

1. In order to be able to utilise and access the Eye Safe Platform, You and Your PHV Operators must provide proof of Your and their compliance with the local authority licensing requirements and if you are signing up into Eye Safe as a Private Hire Driver proof You are providing your services via a licensed PHV Operator  (as specified in clause 39 below).
2. In order to grant and/or continue access for You and Your PHV Operator to use the Eye Safe Platform and to ensure the maintenance of its Service we will require from You the following in a form acceptable to Us as appropriate:

1. 1. Proof of Identify
   2. A valid drivers’ licence.
   3. Proof of passing the City Knowledge Test if required by the licensing authority.
   4. A valid and current DBS Check.
   5. Proof of passing the English language test if required by the licensing authority.
   6. Proof of passing the Medical test if required by the licensing authority.
   7. A valid Hackney Carriage/Private Hire Driver License.
   8. Registration with Us of a valid bank account to which the payments will be transferred to.
   9. Registration with Us of a valid bank card from which outstanding balances will be debited from.
   10. An invitation or acceptance to work through the Eye Safe Platform by a registered PHV Operator.
   11. A valid Hackney Carriage/Private Hire Vehicle License for Your Vehicle
   12. A valid V5C DVLA Registration Certificate for your Vehicle.
   13. A valid MOT Certificate for Your Vehicle.
   14. Proof Your Vehicle, is not less than the maximum age we specific for the relevant category of vehicle.

1. At Our discretion We may also require further documentation to grant or continue access for You and Your PHV Operator to use the Eye Safe Platform.
2. When any of the documents you have provided are within 3 months of their expiry date You and your PHV Operator must o notify Eye Safe. You and your PHV Operator must upload valid and renewed versions of the required documents before the expiry date of the old documents. If You and /or your PHV Operator are in breach of this condition You will be suspended from the Eye Safe Platform until the updated documents have been provided.

Section 4 – Services

1. This section lists the Services provided via the Eye Safe Platform to You and Your PHV Operators from which you can access a software platform which:

1. 1. Enables the transacting and linking of Taxi Services providers with Riders seeking those services.
   2. Allows You and Your PHV Operator to navigate from the Rider’s defined pick-up point to the Rider’s defined drop-off destination.
   3. Provides communication tools to be used between Partner Drivers, PHV Operators and Riders for the purposes of arranging Taxi Services.
   4. Provides You and Your PHV Operator with management tools that allow them to better track and understand their operational and financial performance.
   5. Provides You and Your PHV Operator with payment processing and collection capabilities to be used for the receipt of payments resulting from the provision of Taxi Services.
   6. You and Your PHV Operator will be able to access offers and promotions provided by Eye Safe through the MEye Rank Loyalty Scheme (see Section 10).

Section 5 – Use of Services

1. Upon registration and approval of the supporting documents required, You will be provided with an Eye Safe Driver ID which will enable You to access the Eye Safe Platform Driver Module and use it in accordance with these Terms and Conditions. This ID is to be used solely by You and Your PHV Operator. Where the Eye Safe Driver ID has been used or accessed by a different User, Eye Safe reserves the right to disable Your account. You and/or Your PHV Operator must notify Us as soon as practicable after You have knowledge of the same.
2. The Eye Safe Platform is provided to You solely for the purpose of accessing the Services and therefore should not be used for other purposes.
3. The Eye Safe Platform is protected by copyright and remains the property of Eye Safe at all times.
4. Eye Safe reserves the right to undertake legal action if a User is found to have infringed the copyright protections which are granted to the software by the Copyright, Designs and Patents of Act 1988 and the Intellectual Property Act of 2014.
5. Eye Safe reserves the right to suspend Your and/or your PHV Operators’ access to the Eye Safe Platform, including Eye Safe App and the Eye Safe Services at its absolute discretion. This may include where You or Your PHV Operator has breached these Terms and Conditions or where Eye Safe takes the view that Your conduct or that of Your PHV Operator is unacceptable.
6. Upon logging in to the Eye Safe App, You and Your PHV Operator will be able to receive notifications when a Rider requests quotes. These quotes may be for the immediate performance of the Taxi Services or for the future provision of the Taxi Services. If You or Your PHV Operator accepts the request of a Ride, the quote will be sent back to the Rider and they will be able to choose from the pool of available offers. If the Rider selects and accepts Your offer or Your PHV Operator’s offer, the parties will be able to contact each other to arrange the Ride. You and/or Your PHV Operator will be able to see the Rider’s location and You will be able to navigate to this location in order to pick the Rider up. Following pick-up, You and/or Your PHV Operator will notify Eye Safe that the Rider is inside the vehicle. You and/or Your PHV Operator will then be able to see the Navigation Route to the destination point. You will have the freedom to select a different route from the Navigation Route in order to reach the destination point. At the end of the ride, you as a driver will be able to review the fare to account for any extra charges that were incurred during its course, such as the congestion charge, an airport fee, a toll fee and/or a soiling fee. You will be responsible for the amount charged per ride plus the additional charge at the end of the ride.
7. You shall not contact Riders for reasons other than for the performance of Taxi Services. If You and/or Your PHV Operator are found to be irresponsibly using Riders personal data, Eye Safe reserve the right to remove You and/or Your PHV Operator from the Eye Safe Platform.
8. You acknowledge, agree and recognise that:

1. 1. Eye Safe acts solely as an agent for you and your PHV Operator in the generation of service request leads and a supplier of information provided via the Eye Safe Platform.
   2. When You or Your PHV Operator provide a quote for Taxi Services, which is then accepted by a Rider, a contractual and business relationship is created between You and/or Your PHV Operator and the Rider, of which Eye Safe, or any of its subsidiaries, is not a party to.
   3. You have the sole responsibility for any obligations and liabilities that arise from the provision of Taxi Services through the performance of an acquired contract between them and a Rider.
   4. Eye Safe shall not be, or deemed to be, in control of Your operations and/ or those of Your PHV Operators.

1. You and/or Your PHV Operators retain the right to provide Taxi Services to other customers outside of the Eye Safe Platform.

Section 6 – Licensing

1. It is a strict requirement that You and your PHV Operators have, at all times, all necessary Hackney Carriage / Private Hire Driver and Vehicle Licenses to enable You to lawfully provide Taxi Services in the geographical Area where you are operating.

Section 7 – Taxi Services Regulatory Compliance

1. You warrant that You and Your PHV Operator have all the required licenses to provide Taxi Services including but not limited to those required under the Private Hire Vehicles (London) Act of 1998, the London Hackney Carriages Act of 1843, the London Cab Order of 1934, the Local Government (Miscellaneous Provisions) Act of 1976 and any other related local government regulations with their respective amendments as appropriate.

Section 8 – Insurance

1. You and Your PHV Operators shall obtain and retain all necessary insurance policies for the vehicles You operate including but not limited to those required by the local licensing authorities.

Section 9 – Ratings

1. Upon creating an account, You are enrolled in the Eye Safe rating system.
2. You agree to being rated under both the “5 star” service rating and the Eye Safe “Safety Rating”.
3. You accept and acknowledge that Eye Safe reserves the right to request changes in order to ensure that Your behaviour and that of Your PHV Operators offers and implement the highest standard of service.
4. Eye Safe may in their absolute discretion suspend or revoke Your access to your account if you have failed to comply with these Terms and Conditions and/or You or Your PHV Operator have consistently received ratings under level 3 of Our rating systems.

Section 10 – MEye Rank Loyalty Scheme

1. All Users who sign up to Eye Safe are automatically enrolled in the Eye Safe Loyalty Scheme / Reward Program.
2. The Eye Safe Loyalty Scheme / Reward Program gives You the potential for increased earnings based upon Your use of the Eye Safe Platform and the revenue You make through the platform. After reaching certain earning thresholds, You will unlock benefits available according to your rank.
3. The ranks available are:

1. 1. “Eye Safer”: Achieved upon joining the Eye Safe Platform.
   2. “Eye Safer Bronze”: Achieved after making a cumulative income of £5,000.00 GBP and by maintaining a monthly income of at least £500.00 GBP through the Eye Safe App.
   3. “Eye Safer Silver”: Achieved after making a cumulative income of £10,000.00 GBP and by maintaining a monthly income of at least £1,000.00 GBP through the Eye Safe App.
   4. “Eye Safer Gold”: Achieved after making a cumulative income of £20,000.00 and by maintaining a monthly income of at least £2,000.00 GBP through the Eye Safe App.

1. You will be able to see the benefits available based on Your current rank in the Eye Safe App under the MEye Rank Tab.

Section 11 – Fares Private Hire Drivers ONLY

1. You accept and acknowledge that the fare quoted and/or charged by You or Your PHV Operator to the Rider for a Ride shall include a Booking Fee.
2. In all circumstances, Your Fare will be determined by Your PHV Operator.
3. You accept that Eye Safe shall not be responsible nor liable for any losses resulting from incorrectly setting the Fare on the operator dashboard.

Section 12 Payment Scenarios

1. You accept and acknowledge that Your PHV Operator will have the ability to elect whether:

1. 1. They will pay You directly for any Ride; or
   2. Eye Safe will pay You directly for any Ride.

1. This will have consequences on the payment charges and cancellation fees which You will be entitled to (as per Sections 13 and 15).

Section 13 MEye Rank Loyalty Scheme

for Private Hire Drivers ONLY

1. The MEye Rank Loyalty Scheme for the Private Hire Driver will apply as a reduction to the commission agreed with the PHV Operator at the following rates:

• The full agreed commission for the Eye Safer Private Hire Driver Level,
• -2% of the agreed commission for the Eye Safer Bronze Private Hire Driver Level,
• -4% of the agreed commission for the Eye Safer Silver Private Hire Driver Level,
• -7% of the agreed commission for the Eye Safer Gold Private Hire Driver Level.

Section 14 – Payment periods and payment handling charges for Private Hire Drivers ONLY

1. Where the PHV Operator pays Partner Drivers directly for any Ride, Eye Safe will pay the PHV Operator an amount equal to the Fare less Commission Fee, the Booking Fee and Stripe charges.  You should ensure Your PHV Operator pays You in accordance with the terms which You have agreed with them.
2. Where Your PHV Operator has requested Eye Safe pays You directly, the following procedures will apply:

1. 1. If the Rider pays for the Ride with a bank card using a Rider Point of Sale, Eye Safe will deduct the Private Hire Commission Fee, Booking Fee and Stripe Fees from the bank card registered with Us.
   2. If the Rider pays for the Ride through the Eye Safe App using their registered bank cards, Eye Safe will deduct the Private Hire Driver Commission Fee, Booking Fee and Stripe Fees from the total Fare.
   3. If the Rider pays for the Ride by cash, Eye Safe will deduct the Private Hire Driver Commission Fee, Booking Fee and Stripe Fees from the total Fare and will take this from Your debit/credit card registered with us. If Your debit/credit card bounces, Your account will be suspended.
   4. Thus where Your PHV Operator has elected that we pay you direct Eye Safe will pay you an amount equal to the Fare less:

• The Booking Fee
• The Commission subject to any deductions under the MEye Rank Loyalty Scheme

               5. Any deduction under Clause 14.1 above

   3.We will set up an account for You into which all net balances due from all Fares will be credited. Net balances can be cashed out by You at any time including any Eye balances using the App. Payment will be made to Your registered bank account within 7 days of your request.

Section 15 – Fares Hackney Carriage Drivers ONLY

1. Hackney Carriage Drivers accept and acknowledge that the fare quoted and/or charged by them to the Rider for a Ride shall include a Booking Fee.
2. Hackney Carriage Drivers’ accept that their estimated fares will be set based on the tariffs defined by the local licencing authority of the Area in which they operate.

Section 16 MEye Rank Loyalty Scheme for Hackney Carriage Drivers ONLY

1. In accordance with the MEye Rank Loyalty Scheme the Hackney Carriage Commission Fees shall be charged at the following rates:

• 18% for the Eye Safer Level,
• 16% for the Eye Safer Bronze Level,
• 14% for the Eye Safer Silver Level,
• 11% for the Eye Safer Gold Level.

Section 17– Payment, and payment handling charges for Hackney Carriage Drivers ONLY

1. The following procedures will apply:

1. 1. If the Rider pays for the Ride with a bank card using a Rider Point of Sale, Eye Safe will deduct the Hackney Carriage Commission Fee, Booking Fee and Stripe Fees from the bank card registered with Us.
   2. If the Rider pays for the Ride through the Eye Safe App using their registered bank cards, Eye Safe will deduct the Hackney Carriage Commission Fee, Booking Fee and Stripe Fees from the total Fare.
   3. If the Rider pays for the Ride by cash, Eye Safe will deduct the Hackney Carriage Commission Fee, Booking Fee and Stripe Fees from the total Fare and will take this from Your debit/credit card registered with us. If Your debit/credit card bounces, Your account will be suspended.
   4. We will set up an account for You into which all net balances due from all Fares will be credited. Net balances can be cashed out by You at any time including any Eye balances using the App. Payment will be made to Your registered bank account within 7 days of your request.
   5. Eye Safe will pay you an amount equal to the Fare less: the Booking Fee, the Commission subject to any deductions under MEye Rank Loyalty Scheme, any deduction under Close 16.1 above

Section 18 – Cancellation Fees

1. When booking a Ride, the Rider will be able to cancel the booking subject to this Section 18.
2. In all circumstances, where a Rider cancels a booking, Eye Safe will charge a Booking Fee.
3. Where Eye Safe pays You directly for any Ride, You accept that the following Partner Driver Cancellation Fees will apply:
   1. If a Rider cancels an Immediate Booking, the Rider shall be able to cancel the booking up to but not including 2 minutes (i.e. 1 minutes 59 seconds) without incurring a Partner Driver Cancellation Fee. If the Rider cancels the booking 2 minutes or later, the Rider will pay a Partner Driver Cancellation Fee to You.
   2. If a Rider cancels a Future Booking, the Rider shall be able to cancel the booking up to but not including 20% of the time until pick up (i.e. if pick up is in 1 hour, the Rider will have up to but not including 20% of 1 hour – 11 minutes, 59 seconds – to cancel the booking) without incurring a Partner Driver Cancellation Fee. If the Rider cancels the booking after 20% of the time until pick up, the Rider will pay a Partner Driver Cancellation Fee to You.
   3. If, when the Rider is charged a Partner Driver Cancellation Fee, they do not have either an allocated card payment method or an “Eyes” credit balance, the Rider will be required to either add a card payment method or top up their “Eyes” credit balance in order to pay the outstanding balance. Until the Rider pays that outstanding balance, their Eye Safe account will be suspended.

Section 19– Use of the Platform

1. By accepting these Terms and Conditions You warrant that You will use Your Eye Safe Account in a manner that is both responsible and compliant with the law. This means that:
   1. You may not provide access to Your personal account to any other persons or third parties. If You do so, You will be liable for any incidents that occur during that ride.
   2. Your use of the Eye Safe Platform to provide Taxi Services will not involve the transportation of any unlawful, dangerous and/or hazardous materials or goods.
   3. You will not intentionally cause any injury or damage, either to the vehicle or the Rider, while using the Eye Safe Platform to provide Taxi Services.
   4. If You fail to provide a proof of identity to confirm that You are the owner of the Eye Safe Account from which the ride was booked, Eye Safe retain the right, at their absolute discretion, to block access to Your Eye Safe Account.

Section 20 – Warranties

1. When You create an account and / or receive a booking for a Ride through the Eye Safe Platform You warrant that You have the authority to enter into this agreement, thus committing to using our software in compliance with these Terms and Conditions.
2. You agree to pay the financial obligations You acquire through the use of the Eye Safe Platform and the provision of Taxi Services to Riders. These payments should be made using a payment method for which You are responsible for and for which You have authorisation to use (i.e. personal debit, credit or business cards).
3. You warrant that the information You have provided to Eye Safe is true and accurate.

Section 21 – Indemnification

1. You shall indemnify Eye Safe, its officers, directors, agents, employees for all liabilities, expenses, damages, penalties, fines, social security contributions and taxes incurred arising from and / or related to
   1. You and PHV Operators’ breach of warranties and obligations under this agreement.
   2. Claims from third parties (including Riders, Regulators and Government Authorities) directly or indirectly related to You and/or Your PHV Operator in the provision of Taxi Services via the Eye Safe Platform.

Section 22 – Limits of Liability

1. Eye Safe shall not be liable to you for:
   1. Any booking of a Ride that has not been accepted.
   2. any losses resulting from incorrectly setting up their Fare on the operator dashboard.
   3. Any loss arising from the inaccuracy of any Quote.
   4. Any theft or loss of their property or another person’s property during a Ride booked and accepted through Eye Safe.
   5. Any loss, cost, damage, expenses or liabilities suffered by any person other than You, resulting from the Rider’s use of Eye Safe.
   6. Any loss, cost, damage, expense or liability that affects the Rider resulting from the use of Eye Safe Services.
   7. Any losses, costs, damages, expenses or liabilities that result from a Rider using your Taxi  (including loss of revenue, profits, opportunity, employment or business) regardless of such liabilities being or not being reasonably expected to result from Eye Safe’s negligence or breach of these Terms and Condition
   8. Any losses that could not have been reasonably expected from the breach or negligence of these Terms and Conditions.
2. Eye Safe does not exclude or limit in any way their liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Section 23 – Termination of Eye Safe Accounts

1. Eye Safe reserves the right to revoke access and/or terminate Your Eye Safe Account at any time in its absolute discretion.  Reasons for termination include but are not limited to where You are in breach of these Terms and Conditions.
2. You may terminate your Eye Safe Account by giving us notice in writing at any time. You will remain responsible for any liabilities relating to matters prior to termination.

Section 24 – Panic Button

1. Eye Safe’s Driver and Rider Modules are equipped with a Panic Button Capability.  You acknowledge and accept that the Panic Button is only and specifically designed to serve as a communication service between You and the Emergency Services and must be used responsibly.
2. You accept and acknowledge that Eyesafe will not to the full extent allowed at law not have any responsibility for any loss, cost, damage, expense or liabilities incurred by you or any other party arising from either Your use of the panic Button or your responding to a Panic Button request for assistance which has been made by another User.

Section 25 – Privacy Policy

1. You agree to the Terms and Conditions of the Privacy Policy document in addition to these Terms and Conditions.

Section 26 – Legal and Jurisdiction

1. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

Eye Safe Privacy Policy

Version 2.0                                                                                                                                                               16 January 2019

Section 1 – Introduction

1. This Privacy Policy applies to all users who use the Eye Safe Platform.
2. This Privacy Policy is put in place to ensure the protection and proper handling of the personal data and the privacy of the users of Eye Safe and its related services.
3. The Eye Safe platforms uses cookies but when they are not necessary for the delivery of the Services we will ask users to give explicit consent for their use when they first create an account.
4. You will be able to access, view and edit the Eye Safe Service privacy permissions by going to Your device settings and selecting the permissions granted and by accessing the Privacy Settings Section of your Eye Safe Account.
5. Eye Safe reserve the right to amend and review this Privacy Policy as they see fit.

Section 2 – Definitions

6. “We”, “Us” ,“Our” and “Eye Safe”: Eye Safe Ltd, a company incorporated and registered in England and Wales with company number 10410930 and with its registered main office being at Finchley Mews, Finchley Road, Grays Essex, RM17.
7. “You” and “Your”: Any individual or any business / organisation who creates an account and uses the Services via the Eye Safe Platform.
8. Account Data: Data collected as part of the setting up and maintenance of the Eye Safe account, including Your user name, email address, telephone number, age and the name, address of Your employer and/or Your next of kin, Your taxi licence plate and Your taxi/private hire licence number dependent upon the type of account you are using.
9. Correspondence Data: Data collected from the interactions You have with Eye Safe customer service representatives and from any correspondence You have with Eye Safe in general and may include the content of the correspondence and the metadata linked to the exchange.

1.  Enquiry Data: Data submitted to Eye Safe during an enquiry about their Services.
2.  Eye Safe Account: An account that has been opened with Eye Safe by You which allows You to use the Eye Safe Services.
3.  Eye Safe App: Any of the mobile application modules through which You can access the Eye Safe Platform.
4.  Eye Safe Platform: Any part of the Eye Safe App ecosystem provided by Eye Safe to deliver the Service. This includes the set of smart phone and tablet computer applications, the kiosks and the web-based applications.
5.  Eye Safe website: www.eyesafe.london and any other websites which may be added in the future.
6.  Hackney Carriage Driver: Any private hire driver who is licensed as a Hackney Carriage and who through use of the Eye Safe Platform can access, accept and complete a Taxi Service which has been requested by a Rider.
7.  Notification Data: Data You provide when You accept notifications to be sent to You by email, smartphone pop-up notification, text message and newsletters.
8.  Partner Driver: Any private hire driver who is registered with a PHV Operator or Hackney Carriage Driver and who through use of the Eye Safe Platform can access, accept and complete a ride which has been requested by a Rider.
9. PHV Operator: Any licensed taxi operator, through whom a Partner Driver provides their services and who is authorised to utilise Eye Safe’s Platform as a PHV Operator to access to its Services including its the pool of Riders.
10.  Profile Data: Data collected when You create an Eye Safe Account, including Your name, address, bank details, telephone number, email address, Your profile picture, gender, date of birth and employer details.
11.  Rider: Any individual or any business / organisation who creates an account to access and use Taxi Services provided through the Eye Safe Platform.
12.  Services: The provision of taxi aggregation, taxi E-hailing and taxi booking services via the Eye Safe Platform for the purpose of permitting Riders, Partner Drivers and PHV Operators to connect for the purposes of obtaining and providing Taxi Services.
13.  Taxi Service: The provision of a particular ride by either a Partner Driver or PHV Operator to a Rider.  
14.  Taxi Services: The provision of transportation services by either a Partner Driver or PHV Operator to a Rider.
15.  Transaction Data: Data collected from bookings of Partner Drivers and / or PHV Operators, including Your name and identification details, payment details and the details of the transaction.
16.  Usage Data: Data collected by Your use of the Eye Safe Platform and Services and may include Your IP (Internet Protocol) address, the model of the smartphone You are using to connect to the Services, the operating system Your devices are running on, the web browser used to access the Eye Safe web page, the way You navigate through the Eye Safe Platforms, the frequency and length of Your use of the Eye Safe App and Services, the length of the rides taken, the number of rides during a certain period, the most frequent places You ride to and from, and the ratings given to and by Riders, Partner Drivers and PHV Operators.
17.  User: Any individual or any business / organisation who creates an account and uses the Services via the Eye Safe Platform.

Section 3 – How we use Users personal data

27. In this section We describe:
    • The general categories of personal data that Eye Safe process when You create an Eye Safe Account.
    • The source of some specific data categories that Eye Safe may not have been obtained directly from You but that are necessary for the effective delivery of the Services;
    • The purposes and reasons for the processing of Your personal data;
    • The legal basis for processing Your personal data; and
    • The period of time for which Eye Safe may hold Your personal data under regular conditions.
28. Eye Safe may process the Usage Data regarding the way You use the Eye Safe App, Eye Safe Platform, Services and website. Eye Safe obtain this data through the Eye Safe Platform analytics tools.
29. Eye Safe may process the Account Data You provide when first creating Your account. Eye Safe obtain this data through Your accounts, Your family account, and/or Your employer depending on the type of Eye Safe Account You may be utilising. This data is processed to operate the Eye Safe Platform, provide You with Eye Safe’s Platform and Services, maintaining the security on the Eye Safe Platform, the systems and Eye Safe’s customers prior, during and after the Service takes place, maintaining back-ups of the Eye Safe databases and communicating with You in an appropriate manner.
30. Eye Safe may process the Profile Data provided to them when You complete Your account profile. This data is needed to approve Your ability to use Your Eye Safe Account and to further review and ensure the proper use of the Services by all the parties involved. Eye Safe may process the Enquiry Data found in any enquiry submitted to Eye Safe about their Services.
31. Eye Safe may process Transaction Data regarding the transactions linked to the Taxi Services provided by Partner Drivers and PHV Operators. This data may be processed to ensure the proper delivery of the contracted services and to maintain accurate records of those transactions.
32. Eye Safe may process the Notification Data You provide when You accept notifications to be sent to You by email, smartphone pop-up notification, text message and newsletters. This data may be processed to tailor the notifications that You receive when using the Services. You will be asked for permission for the notifications to be sent to them. You will be asked about how You prefer the notifications to be sent to You and You will be able to discharge yourself from receiving notifications any time by going to the privacy settings in Your Eye Safe Account.
33. Eye Safe may process Correspondence Data from the interactions You have with Eye Safe customer service representatives and from any correspondence You have with Eye Safe in general. This data may include the content of the correspondence and the metadata linked to the exchange. Eye Safe will obtain this metadata from contact forms and the customer service/customer management software. Eye Safe may process this data to be able to communicate with You effectively and for record keeping.
34. All of the above, namely Usage Data, Profile Data, Transaction Data, Notification Data, Correspondence Data, are processed under the legal basis of it being required to perform a contract between You and Eye Safe for the provision of the Services. This data may be processed under the legal basis of our legitimate interests, namely the proper administration of the Eye Safe website, business and the safety of the Service.
35. Eye Safe may process any of the personal data categories stated in this policy when needed to:-
    • Establish, exercise and defend a set of legal claims whether in court proceedings or in out of court conciliations.
    • To acquire insurance coverage and risk management.
    • Receive professional advice aimed at protecting Eye Safe’s interests.
    • Comply with statutory obligations.

Section 4 – Providing your data to others

36. Eye Safe may share Riders and Partner Drivers’ personal data with each other and PHV Operators to perform the Services and Taxi Services.
37. Eye Safe may share Your personal data with members of any of Eye Safe’s subsidiaries to allow You to use their services wherever the Eye Safe platforms operate. Information about the different companies that make up the Eye Safe group and the countries in which Eye Safe operates can be found at london/about.
38. Eye Safe may share Your personal data with insurers and/or professional advisors where it is necessary for insurance protection, risk management, and the establishment, processing and resolution of legal claims.
39. Eye Safe may share parts of Your Eye Safe Account, profile and service data with other Users to provide them with User locations and estimated time of arrival to a specific destination at their request and with their specific consent to do so.
40. The data regarding the financial transactions made through the Eye Safe Website, Eye Safe Platform and when using our Services, may be shared with Eye Safe’s payment service provider, Stripe Inc. and with the issuer of the credit/debit card used. This data will only be shared with them when it is necessary for the processing of payments, the dealing of complaints and inquiries about the payments and handling/processing/issuing refunds where and when appropriate. For further information on the privacy policies of our providers refer to https://stripe.com/gb/privacy.
41. Eye Safe may share Your personal data when You have a need to do so to be compliant with statutory and legal obligations. Eye Safe may also disclose Your personal data when it is necessary as regards dealing appropriately with legal claims which may, from time to time, arise.
42. Eye Safe may hold Your personal data for as long as You have an Eye Safe Account and thereafter where deemed necessary to comply with legal obligations.
43. Eye Safe may share Your personal data with members of the emergency services when You activate the Eye Safe Platform’s panic button. This may include sharing Your personal details, service provider details and location details. These details will be provided to protect Your interests.

Section 5 – International and Cross-Border Data Transfers

44. Eye Safe may be required to provide access to Your data to certain third parties who provide Eye Safe with services that support the running and maintenance of the Services. Some of those third parties include:-
    • Amazon Web Services who provide Eye Safe with their servers.
    • Google and Google Maps who Eye Safe use for their Application Programming Interface (API) to access their maps and position Users globally.
    • Google, Google Ads and Google Analytics who Eye Safe use for their services for cookies, website traffic analytics and search engine positioning.
    • Up2Date Software who provide Eye Safe with software development and maintenance.
    • Zoho Corporation who provide Eye Safe with Customer Relationship Management, Customer Support Management, Social Media Management and Business Analytics Management Software.

Section 6 – Use of Cookies

45. Cookies are small text files (data files) that the Eye Safe website or the services provided by other companies put on Your computers. The information helps Eye Safe to improve Your experience when using the Eye Safe Website. Many of Eye Safe’s cookies are deleted when You close the Eye Safe Website browser. None of Eye Safe’s cookies contain any of Your personal information.
46. Your use of the website constitutes Your acceptance to use cookies in this manner.
47. If You are not happy with the use of cookies in this way, You should either terminate Your use of the website, change the settings on Your web browser so as not to accept cookies from https://www.eyesafe.london or use the web browser’s anonymous browsing setting (this is called ‘Incognito’ in Google Chrome, ‘InPrivate’ in Internet Explorer and ‘Private Browsing’ in Firefox). For more information on cookies, how to control the use of them and how to browse the internet anonymously visit the All About Cookies website.
48. If You choose to decline cookies, Eye Safe will not provide technical support to You if You then encounter issues with using of the Eye Safe website.
49. Cookies set by the Eye Safe Website are called “first party cookies”. Cookies set by parties other than Eye Safe are called “third party cookies”. First party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognize Your computer both when it visits the website in question and when it visits certain other websites.
50. Cookies might be used for the following purposes:-
    • To enable certain functions.
    • To provide analytics.
    • To store your preferences.

51. Session Cookies: Eye Safe use a number of session cookies to provide functionality including, but not limited to, remembering who You are when You log to the website, to identify You when You move from one Eye Safe system to another, to greet You by name on screen when You log in, to optimize the effectiveness of the Eye Safe web servers. Eye Safe consider these cookies to be strictly necessary for the secure and efficient operation of the website and all of its pages/posts and to make Your experience of using them easier and quicker. If these cookies are blocked or disabled, then much of the functionality of the Eye Safe systems will be broken.

52.      Persistent Cookies: Eye Safe use a number of persistent cookies to provide functionality including, but not limited to, returning You back to the point where You were logged in, to show Your content You had looked at on a previous visit to make it easier to find it again, to make sure You are only invited to complete a web survey occasionally and that You don’t see alerts or messages repeatedly during a single web visit. If these cookies are blocked or disabled then the Eye Safe systems will still be usable, but Your experience will be severely degraded.

53.      Google Services Cookies: This cookie is used on a small number of pages on the Eye Safe website to track the effectiveness of Google Ads (AdWords), Google Analytics and Google Console.

54.      Social network Cookies: Some pages on the Eye Safe website contain social network ‘share’ or ‘like’ buttons. The social network may set a cookie (or cookies) on their PC when they click on one of these buttons. In order to implement these buttons, Eye Safe use the code which is hosted by the relevant social network. If You are a member of some of these networks, Eye Safe may use this code to track that You have visited the Eye Safe website. The Eye Safe website does not control these cookies or the underlying code. You should check the privacy statement of the relevant social network before clicking them and / or to find out how they track their members’ behavior using these elements and how to opt out of this functionality.

55. Monitoring and review of the policy: Eye Safe will annually review the working of this policy.

Section 7 – Your rights as a data subject

56. Under the General Data Protection Regulation (EU 2016/679), You have the following rights regarding their personal data being processed by Eye Safe:
    • Description, explanation and copies of Your data: You have the right to request Eye Safe to provide an explanation and description of the information Eye Safe has from You and the way Eye Safe are using that information.
    • Correction of data: You have the right to request the correction of any data Eye Safe may hold which You believe to be inaccurate.
    • Deletion: You have the right to request the data Eye Safe hold on You and of Your account. Nonetheless, Eye Safe may retain part of Your data on their servers after closure of Your account to comply with legal obligations.
    • File a complaint: You, as a data subject, have the right to file a complaint to the Information Commissioners Office regarding Your data, but Eye Safe would appreciate if Users contact them directly in order to resolve disputes internally.
57. To exercise the rights above, please contact Eye Safe through privacy@eyesafe.london or through certified mail to our registered office: Eyesafe Ltd, Finchley Mews, Finchley Road, Grays Essex, RM17 6RG.

Section 8 – Contact information

58. The data controller for Users is Eye Safe Ltd housed at Finchley Mews, Finchley Road, Grays Essex, RM17 6RG.
59. You can contact Eye Safe at privacy@eyesafe.london or by post or mail at Finchley Mews, Finchley Road, Grays Essex, RM17 6R for any enquiry You have in relation to Your privacy preferences and if You require us to resolve any issues or disputes You may have with Your data.