CIRC PRIVACY POLICY

  1. What is the purpose of this document?

We at Circ have created this Privacy Policy to explain and describe how and why we collect personal data, for what purposes we do it and to inform you about your privacy rights and the way you can exercise them.

This Privacy Policy applies to our use of personal data collected by us or provided by you in relation to your use of our website (circ.com), (the “Website”), our mobile application (the “App”) and/ or your use of Circ’s electric scooters (“Vehicles”).

References in this Privacy Policy to Circ includes LMTS Germany GmbH and each of its holding companies, subsidiaries and subsidiaries of such holding companies.  This Privacy Policy does not apply to our use of personal data about (i) individuals employed by Circ and acting in the course of their employment; or (ii) third parties providing services to Circ and accessing our Website and/or our App in connection with the provision of such services.

We may revise this Privacy Policy from time to time to keep it in line with changes in our business, services or applicable law, such as (but not limited to) the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereafter, the “GDPR”). All changes to this Privacy Policy will be published on our website (circ.com) and App. In case of substantial changes, we will also notify registered Circ users by email or other means.

  1. Which types of personal data does Circ collect about me?

Circ collects and processes the following types of personal data:

  1. The personal data that you communicate to us

We collect and process all personal data that you choose to communicate to us when you register to use our services, request marketing to be sent to you or otherwise contact us directly, for example to give us feedback.  This personal data may include:

  • your name;
  • your mobile number;
  • your email address;
  • your birth date; and
  • your registration / login data;
  1. The usage data that our systems collect when you use the Website or the App

We also collect and process certain types of information automatically, whenever you interact with us in order to allow you to use our services (for example, determining the location of your device based on its GPS function during use to validate your right to rent a Vehicle) or improve your experience on our Website and/or App (see paragraph 5). When you visit our Website and/or App, cookies may be installed on your browser software to obtain certain personal data when your web browser accesses our Website and/or App. We may also obtain certain other data, including;

  • the Internet protocol (IP) address used to connect your computer or mobile device to the Internet;
  • the location of your computer or mobile device during the use of our Website or App;
  • language settings;
  • time zone;
  • interface controls;
  • system information; and
  • version used.
  1. The usage data that our systems collect when you use a Vehicle

We also collect and process certain types of information automatically whenever you use a Vehicle, including:

  • The times of unlocking and locking of the Vehicle;
  • the location of the Vehicle via the Vehicle’s GPS unit; and
  • the duration of rental

Circ may request a copy of your ID in order to process requests addressed to us regarding your privacy rights in accordance with paragraph 14 below in circumstances where your identity cannot be identified by other means.

We do not collect any special categories of personal data about you, such as information about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, criminal convictions and offences.

  1. For what purposes will Circ collect and process my personal data?

We collect and process personal data when it is necessary for operating, providing or improving our services offered to our users. The table below sets out a description of all the ways we intend to use your personal data, and which of the legal bases we rely on to do so.

Purpose/Activity

Lawful basis for processing

To register you as a user of our services and manage and terminate your subscription

Performance of a contract

To manage and collect payments, fees and charges owed to us.

(a) Performance of a contract

(b) Required for our legitimate interests (to recover debts due to us)

To provide the Website and App and to improve your experience of using them

legitimate interest (we have a legitimate interest in providing a website and app, and in analysing their usage in order to develop and further our business)

To make Vehicles available for use and manage their use.

Performance of a contract

To record and evaluate data relating to the usage of the Website and App for interest-based advertising

legitimate interest (we have a legitimate interest in interest-based advertising to be able to show our users advertisements based on their personal interests)

To enable our users to recommend the Website or the App via social plug-ins or share information about the Website or the App with others

legitimate interest (we have a legitimate interest in the processing of data if our users activate a social plug-in and thus express that they would like us to transfer data to the respective social network)

To handle your requests about our services, for example, requests to unlock a Vehicle or redeem a promo code via the App or to use our wireless features

Performance of a contract

To send newsletters and/or other marketing emails, to inform you about our services, to ask feedback about our services or inform you of improvements of our services

This processing is either based on your consent or – if permitted by applicable law – on our legitimate interest (we have a legitimate interest in carrying out direct marketing activities provided that this complies with applicable marketing laws

To carry out marketing telephone calls, to inform you about our services, to ask feedback about our services or inform you of improvements of our services

This processing is based on your consent

To manage our relationship with you, including notifying you about changes to our services, terms and conditions or privacy policy.

(a) Performance of a contract

(b) Necessary to comply with a legal obligation

To enable you to participate in a competition or complete a survey

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

To enable you to provide user submissions or comments

Legitimate interest (we have a legitimate interest in providing our users with the opportunity to give feedback and join in on discussions so that we can constantly improve the Website, the App and our services in general in order to develop and further our business)

To contact you and provide you with information that you have requested and deal with any matters arising as a result of that contact

This processing is either based on the performance of a contract – if the information you have requested relates to a contract with you or is a pre-contractual issue – or on our legitimate interest – if the information you request relates to something else (we have a legitimate interest in communicating with you upon your request and to deal with any matters arising of that contact)

To verify that your usage of our services does not infringe our terms and conditions or any laws or regulations

Performance of a contract

To act in an emergency to protect the personal safety of our users, the services, or the public generally

This processing is either based on the protection of vital interests – in emergencies – or – in all other cases – on our legitimate interest (we have a legitimate interest in protecting the personal safety of our users, the services, or the public, if necessary)

To determine disruptions and to ensure the security of our systems, including the detection and tracing of (the attempt of) unauthorised access to our web servers

Compliance with the legal obligations regarding data security – if the measures are necessary to comply with these obligations or legitimate interest – if the measures go beyond what we are strictly required to do (we have a legitimate interest in resolving disruptions, ensuring the security of our systems and the detection and tracing of (the attempt of) unauthorised access.)

To comply with relevant legal obligations, such as keeping accounting records

Necessary to comply with a legal obligation

  1. Cookies
  1. What are cookies?

Cookies are small files that may be placed on your computer or mobile device when you visit a website or page in order to, for example, provide language setting functionality, help analyse the website’s performance and to recommend content relevant to your visit. Cookies are stored in your browser. The cookie will help the Website, or another website, to recognise your device the next time you visit. Most cookies won’t collect information that identifies you as a person (personal data), and will instead collect more general information such as how visitors arrive at and use the Website. Cookies may, however, be used to create a profile of the user's activities in the Internet. You can find further information about this in paragraphs 5, 6 and 7.

  1. Types of cookies

Session cookies: Session Cookies are stored only temporarily during a browsing session and are deleted from the user’s device when the browser is closed.

Persistent cookies: This type of cookie is saved on your device for a fixed pre-defined period of time (usually a couple of months and up to a year) and is not deleted when the browser is closed. Persistent cookies are used where we need to be able to recognise your device for more than one browsing session.

First party cookies: First party cookies are set by the website you are visiting and they can only be read by that site.

Third party cookies: Third party cookies are set by a different organisation to the owner of the website you are visiting. For example, we might engage a third party analytics company who will set their own cookie to perform this service. The website you are visiting may also contain content embedded from, for example, YouTube or Google Maps, and these sites may set their own cookies.

  1. Categories of cookies

The different types of cookies set out above in use on the Website can be categorized as follows:

Strictly necessary cookies: These cookies are necessary for the Website to function properly and cannot be switched off. They allow us to provide services pursuant to your express requests such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Website may not work if you block these types of cookies.

Performance cookies: These cookies are also called analytics cookies. They collect information about how visitors use the Website, for instance which pages are the most and least popular, how visitors move around the Website, and if they get error messages from web pages (so-called web analytics are based on performance cookies). These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated. If you do not permit these types of cookies we will not be able to improve the Website based on information from your site visit. For further information, please see paragraph 5.

Functional cookies: These cookies enhance the use of a website. These cookies can, for example, be used to remember the changes a user has made to text size, fonts, language, currency and other parts of webpages that are customisable. They may be set by us or by third party providers whose services we have added to our pages. If you do not permit these types of cookies then some or all of these functionalities may not function properly.

Targeting cookies: These cookies are sometimes also referred to as advertising cookies. They are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign and to monitor from which advertising source a visitor was directed towards the Website so that we know whether it is worth us investing in that particular advertising source. These cookies may be set through our site or by our third party advertising partners. They may be used by those advertising partners to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and Internet device. If you do not permit these types of cookies, you will experience less targeted advertising. For further information on this, please see paragraph 6.

Social media cookies: These cookies are also set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites, building up a profile of your interests and possibly other personal data - but we have ensured that this only happens if you have requested us to share information with the respective social network. Social media services for which there may be such cookies on our Website include Facebook and Twitter. For further information on this, please see paragraph 7 and the websites of the relevant social media platforms for their privacy statements.

  1. Web and App Analytics

We require aggregate data about the traffic on and interaction with the Website and App so that we can offer better experiences and tools to our users in the future. For this purpose, we use the Web and App analytics tools described in this section.

The tools either do not collect IP addresses or anonymize these upon collection and any profiles created by these tools only contain aggregate data. The service providers providing these tools are not permitted to use the information collected on our behalf except to help us conduct and improve our business and subject to our instructions.

  1. Advertising by means of tracking technologies

We use so-called tracking technologies on the Website and in the App to better understand your preferences by analysing your behaviour and offer you products or services more in line with your interests. In order to so we contract with third-party service providers to assist us in better understanding our Website and App users. The tools we use for this either do not collect IP addresses or anonymize these upon collection.

You will find information on each tool's provider and how you are able to object to the collection and processing of data by the respective tool. Please note that tools may use so-called opt out cookies in order to remember your objection. This opt out function relates to a device or browser and is thus valid for the terminal device or browser used at this time. In case you use several terminal devices or browsers you must opt out on every device and in every browser used. Note that in case you remove all cookies from your hard drive, your “opt out” might not work any longer.

Alternatively, you can avoid the creation of usage profiles by advertising tracking technologies by generally deactivating cookies in your browser.

Find out more about the purpose and scope of the data collection as well as about processing and use of your data by Plugin Providers and about your rights and possibilities to change settings to protect your data in the privacy statements of the respective providers (see above).

  1. Who are the recipients of the personal data collected about me? Does Circ share my data with third parties?

Circ does not share your personal data except where this is legally required or permitted and in these cases only with specified and authorised recipients, i.e. its affiliated companies and service providers that are either subject to this Privacy Policy or follow equivalent privacy rules.

  1. Service providers

Our contracts with our service providers oblige them to comply with data privacy rules equivalent to those to which Circ is subject. They act only as so-called data processors on our behalf and subject to our instructions. We disclose your data to the following categories of service providers:

  • IT service provider (hosting service);
  • Newsletter service provider (handling of newsletters), USA
  • Provider of website analytics tools (website analytics), USA,
  1. Third parties

We also may disclose your personal data to trusted third parties who assist us in conducting our business, so long as those parties agree to keep this information confidential. We may disclose your personal data to the following categories of third parties:

  • external auditors in the event of audits or investigations, if there is a legal requirement or legitimate business interest to do so;
  • in the event that we are subject to a merger or acquisition to the new owner of the business, if legitimate under applicable laws;
  • if we are required to do so by law, statute, regulation, or professional standard, or to respond to a subpoena, search warrant, or other legal request, in response to law enforcement authority or other government official request.
  1. How long does Circ keep personal data?

Circ only keeps personal data for the time strictly necessary in order to enable the use of our services and/or to fulfil the purposes identified above, and/or to comply with any legal or regulatory obligations.

  1. Transfers outside the European Economic Area

We do not usually transfer your personal data outside the European Economic Area (EEA).

If we ever transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  3. Where we use providers based in the US, we may transfer data to them only if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific steps we take when transferring your personal data out of the EEA.

  1. Are my personal data safe with Circ?

Your personal data are stored securely in accordance with the principles set out in the GDPR. Circ uses physical, administrative and software-based security safeguards to provide reasonable protection for your personal data. Personal data are not stored on paper. All electronic copies are encrypted and protected by firewall and information access authorisation controls.

  1. Am I required to provide personal data?

If you would like to register on the Website or in the App or would like to use our Vehicles, you are obliged to provide us with the personal data required to register you as a user of our services. If you decide not to provide us with this information, you will unfortunately not be able to use any of our services for which you are required to register.

  1. Who is responsible for processing personal data?

The controller of personal data is LMTS Holding SCA.

If you have any question about our Privacy Policy or about our privacy practices which are not addressed in this Privacy Policy, please contact us by email gdpr@circ.com or by mail at Zimmerstraße 78, 10117 Berlin.

  1. What are my rights regarding my personal data?

Subject to limitations set out under European and Luxembourg law, you have the right of access, rectification, restriction, opposition, erasure and data portability.  

You have the right to:

Request access to your personal data (a "data subject access request"). This enables you to receive a copy of the personal data which Circ holds about you and to check that we are lawfully processing it.

Request correction of the personal data that Circ holds about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and you object to processing for specific reasons because you feel it impacts on your fundamental rights and freedoms.  In some circumstances, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data if:

  • you want us to establish the accuracy of the data.
  • you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Lodge a complaint with the Commission for Data Protection and Freedom of Information: You have the right to lodge a complaint with Commission for Data Protection and Freedom of Information if you believe that the processing of your personal data violates the provisions of the GDPR or any relevant data protection legislation.

These rights may be exercised by:

contacting Circ by email gdpr@circ.com or by mail to LMTS Germany GmbH, Compliance, Zimmerstraße 78, 10117 Berlin; or

In either case, please ensure that you provide appropriate evidence of your identity.

Effective Date: 27 June 2019