Privacy policy

In accordance with the regulations in force, the publisher of the website www.swaptheroad.com (hereinafter « Site ») informs its visitors (hereinafter « Users » or « Members ») of the privacy policy associated with it.

ARTICLE 1 - PREAMBLE

The purpose of this privacy policy is to expose the Users of the Site:

    • The manner in which their personal data is collected and processed;
    • What are the rights of the users concerning these data;
    • Who is responsible for the processing of the personal data collected and processed;
    • To whom this data is transmitted;
    • The Site’s policy regarding « cookie » files.

This privacy policy complements the Legal Notice as well as the General terms and conditions of use, which Users may freely consult.

ARTICLE 2 - GENERAL PRINCIPLES

As the provisions of Article 5 of European Regulation 2016/679 provide, the collection and processing of data from Users of the Site must comply with the following principles:

2.1. LAWFULNESS, FAIRNESS AND TRANSPARENCY

The data can only be collected and processed with the consent of the User who owns the data. Whenever personal data is collected, the User will be informed that his/her data is being collected and for what purposes it is being collected.

2.2. LIMITED PURPOSES

The collection and processing of data is carried out to meet one or more of the purposes identified in this Privacy Policy.

2.3. MINIMIZATION OF DATA COLLECTION AND PROCESSING

Only the data necessary for the proper execution of the objectives pursued by the Site are collected.

2.4. CONSERVATION OF DATA REDUCED IN TIME

The data is kept for a limited period of time, of which the User is informed. When this information cannot be communicated, the User is informed of the criteria used to determine the retention period.

2.5. INTEGRITY AND CONFIDENTIALITY OF THE DATA COLLECTED AND PROCESSED

The data controller undertakes to guarantee the integrity and confidentiality of the data collected.

In order to be lawful, the collection and processing of personal data may only be carried out if it complies with at least one of the conditions listed below:

    • The User has expressly consented to the processing;
    • The processing is necessary for the proper execution of a contract;
    • The processing meets a legal obligation;
    • The processing is necessary to protect the vital interests of the data subject or of another natural person;
    • The processing can be explained by a necessity related to the performance of a task carried out in the public interest or in the exercise of official authority;
    • The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.

ARTICLE 3 - NATURE OF THE PERSONAL DATA COLLECTED

3.1. DATA COLLECTED AT THE TIME OF THE CREATION OF THE USER SPACE

Here is the list of personal data collected on the SwapTheRoad site and the reasons for its use:

    • Last name, first name & email address (creation of the user account);
    • Date of birth (minimum age required to be able to make an exchange);
    • Telephone number (contact for SwapTheRoad Customer Service, contact between Members following the validation of an exchange but transmitted only by the Members themselves and not visible on the site – not mandatory);
    • Family situation (trust in the exchange relationship – not mandatory);
    • Spoken languages (optimization of communication – not mandatory).

3.2. DATA COLLECTED AT THE TIME OF SUBSCRIPTION BY THE USER

Here is the list of personal data collected on the SwapTheRoad site and the reasons for its use:

    • The data mentioned on the member’s ID & driver’s license, which the member will have to transmit to SwapTheRoad in order to become a Certified Member (trust in the exchange relationship);
    • The banking data necessary for the payment of services such as card number, validity date and cryptogram (payment of the annual subscription, tacit renewal & one-off purchases).

3.3. DATA COLLECTED AT THE TIME OF THE CREATION OF ADVERTISEMENTS & THE PUTTING ON LINE OF VEHICLES

Here is the list of personal data collected on the SwapTheRoad Site as well as the reasons for its use:

    • The geographical address of the vehicle offered for exchange (optimization of the exchange offer available on the Site);
    • The description of the user’s vehicle, the number of beds and associated passengers (optimization of the exchange offer available on the Site);
    • Photographs presenting the vehicle (confidence in the exchange relationship);
    • The registration and insurance certificates allowing the vehicles that the Member offers for exchange to be put on line (verification of the conformity of the vehicle and the Member’s ownership);
    • The presentation of the user’s vehicle and all the data entered by the latter on his Member profile (confidence in the rental relationship – not mandatory).

3.4. NEWSLETTER

By subscribing to the newsletter, the User authorizes the Site publisher to use the data provided within the framework of a regular email sending. Unsubscribing to the newsletter is possible at any time and can be done by email via the address contact@swaptheroad.com.

ARTICLE 4 - MODE OF COLLECTION, TRANSMISSION & HOSTING OF DATA

4.1. MODE OF COLLECTION

This data is collected when the User performs one of the following operations on the site :

    • When the Internet user creates a User account with his email address;
    • When the User completes his Member profile;
    • When the Member subscribes to the services offered by SwapTheRoad (subscription, one-time purchases);
    • When the Member offers his vehicles for exchange and these are put online on the Site.

Moreover, when a payment is made on the Site, proof of the transaction, including the order form and invoice, will be kept in the Site publisher’s computer systems.

The person in charge of the treatment will keep in the computer systems of the site and under reasonable conditions of safety all the data collected for a duration of:

    • Cookies of analysis and visits: 13 months maximum;
    • The surname, first name, email address, telephone number, postal address and any data entered by the Member on his User profile: as long as the User account is active;
    • The data mentioned on the documents transmitted by the Member to SwapTheRoad (driving license, registration & insurance certificates): time that the User account is active and within the limit of their validity;


Bank data (tacit subscription renewal and pre-authorization for deposit & franchise management services): 24 months.


The collection and processing of data is for the following purposes:

    • To allow all Users registered on SwapTheRoad to know their respective travel plans, in order to organize together the exchange of their vehicles;
    • To guarantee the identity of the Members and the ownership of the vehicles offered for exchange by the latter;
    • Facilitate communication between Members to organize the best possible exchange of their vehicles.

The data processing carried out is based on the following legal bases:

    • Users expressly consent to the processing by making their personal information freely available;
    • The processing is necessary for the proper execution of the vehicle exchange contracts, organized and consented to by the Members themselves.

4.2. TRANSMISSION OF DATA TO THIRD PARTIES

The personal data collected by the site are not transmitted to any third party, and are only processed by the site editor.

4.3. DATA HOSTING

The SwapTheRoad website is hosted by the following company: Contabo GmbH, Aschauer Straße 32a, 81549 Munich, Germany.

The host can be contacted at the following phone number: +49 89 356471770.

The data collected and processed by the site is therefore only transferred to Germany.

ARTICLE 5 - DATA CONTROLLER

5.1. THE DATA CONTROLLER

The person in charge of processing personal data is Sandrine DUIGOU.

He can be contacted by email: contact@swaptheroad.com.

The person in charge of data processing is responsible for determining the purposes and means used to process personal data.

5.2. OBLIGATIONS OF THE DATA CONTROLLER

The data controller undertakes to protect the personal data collected, not to transmit it to third parties without the User’s knowledge and to respect the purposes for which the data was collected.

The Site has an SSL certificate to ensure that the information and data transfer transiting through the Site are secure.

An SSL certificate (“Secure Socket Layer” Certificate) is intended to secure the data exchanged between the User and the Site.

In addition, the data controller undertakes to notify the User in the event of rectification or deletion of data, unless this would entail disproportionate formalities, costs and steps for the User.

In the event that the integrity, confidentiality or security of the User’s personal data is compromised, the data controller undertakes to inform the User by any means.

ARTICLE 6 - RIGHTS OF THE USER

Regarding the processing of personal data, the User has the following rights:

    • In order for the data controller to grant his request, the User is required to communicate: his first and last name as well as his email address, and if relevant, his account number or Member or subscriber space number;
    • The person responsible for processing the data is required to respond to the User within 30 days.


6.1. PRESENTATION OF THE USER’S RIGHTS REGARDING DATA COLLECTION AND PROCESSING

6.1.1. Rights of access, rectification and right to erasure

The User may view, update, modify or request the deletion of data concerning him/her, by following the procedure set out below:

    • The User can modify himself/herself many of his/her personal data by connecting directly to his/her Member space using his/her email address & password;
    • The User may also contact the person in charge of personal data processing, specifying the purpose of his request, at contact@swaptheroad.com.


If he has one, the User has the right to request the deletion of his Member space by following the following procedure:

    • He must send an email to the address contact@swaptheroad.com;
    • The request for unsubscription may be made without delay if the User is not a subscriber or at the latest 1 month before the date of tacit renewal of his subscription;
    • If necessary, the unsubscription will take place at the end of the current subscription period, provided that an exchange is not in progress at that date.


6.1.2. Data portability rights

The User has the right to request the portability of his/her personal data, held by the Site, to another site, by complying with the following procedure: he/she must make a request for the portability of his/her personal data to the data controller, by sending an email to contact@swaptheroad.com.

6.1.3. Right to limit and oppose the processing of data

The User has the right to request the limitation or to oppose the processing of his or her data by the Site, without the Site being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests and the rights and freedoms of the User.

In order to request the limitation of the processing of his data or to formulate an opposition to the processing of his data, the User must follow the following procedure: he must make a request for limitation of the processing of his personal data to the data controller, by sending an email to contact@swaptheroad.com.

6.1.4. Right not to be subject to a decision based exclusively on an automated process

In accordance with the provisions of European Regulation 2016/279, the User has the right not to be subject to a decision based exclusively on an automated process if the decision produces legal effects concerning him or her, or affects him or her significantly in a similar way.

6.1.5. Rights to determine the fate of data after death

The User is reminded that he can organize what should become of his data collected and processed if he dies, in accordance with the law n°2016-1321 of October 7, 2016.

6.1.6. Right to refer the matter to the competent supervisory authority

In the event that the data controller decides not to respond to the User’s request, and the User wishes to contest this decision, or, if he or she believes that one of the rights listed above is being infringed, he or she is entitled to refer the matter to the CNIL (Commission Nationale de l’Informatique et des Libertés) or any competent judge.

ARTICLE 7 - USE OF "COOKIES" FILES

The Site uses « cookie » techniques.

A « cookie » is a small file (less than 4 kb), stored by the Site on the User’s hard disk, containing information relating to the User’s browsing habits.

These files enable it to process statistics and traffic information, to facilitate navigation and to improve the service for the User’s comfort.

For the use of « cookie » files involving the saving and analysis of personal data, the consent of the User is necessarily required.

This consent of the User is considered valid for a maximum of 6 months. At the end of this period, the site will again request the User’s consent to save “cookie” files on his or her hard disk.

7.1. USER’S OPPOSITION TO THE USE OF “COOKIE” FILES BY THE SITE

Cookies that are not essential to the operation of the site are only deposited on the User’s terminal after obtaining his consent. The User may withdraw his consent at any time, in the following manner: he may refuse the use of all cookies by means of the dedicated banner that appears at the beginning of his navigation on the Site.

More generally, the User is informed that he or she may oppose the recording of these « cookie » files by configuring his or her navigation software.

For information, the User may find at the following addresses the steps to follow in order to configure his or her navigation software to oppose the recording of « cookie » files:

    • Chrome: https://support.google.com/accounts/answer/61416?hl=fr
    • Firefox: https://support.mozilla.org/fr/kb/enable-and-disable-cookies-website-preferences
    • Safari: http://www.apple.com/legal/privacy/fr-ww/
    • Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
    • Opera: http://www.opera.com/help/tutorials/security/cookies/

If the User decides to deactivate the « cookies » files, he will be able to continue his navigation on the Site. However, any dysfunction of the site caused by this manipulation could not be considered as being due to the publisher of the Site.

7.2. DESCRIPTION OF THE “COOKIES” FILES USED BY THE SITE

The Site publisher draws the User’s attention to the fact that the following cookies are used during his navigation:

7.2.1. Essentials

Some cookies are essential for the User to be able to take advantage of all the site’s features. They make it possible to maintain User sessions and to prevent any security threat. They do not collect or store any personal information. For example, these cookies allow the User to connect to his Member space and to add products or services to his basket, and to proceed to their payment in complete security.

7.2.2. Statistics

These cookies store information such as the number of visitors to the Site, the number of unique visitors, the pages of the Site that were visited, the source of the visit, etc. The information stored in the cookies is used for the purposes of the Site. This data helps to understand and analyze the Site’s performance and areas for improvement.

7.2.3. Functional

Cookies allow the use of certain non-essential features of the Site. These features include the integration of content such as videos or the sharing of content from the Site on social media platforms.

7.2.4. Preferences

These cookies help us to save Users’ settings and browsing preferences, such as language, so that they can enjoy a more effective experience on their next visits to the Site.

7.2.5. Google Analytics

The Website of the publisher uses Google Analytics, a website analysis service provided by Google Inc.

Google Analytics uses methods that allow an analysis of the use of the Website by the User, in particular through « cookies ».

Thus, the information generated during navigation on the Website is usually transferred to a Google server in the United States and stored there. Thanks to the anonymization of IP addresses on this site, the IP address is reduced before transmission within the Member States of the European Union or other parts of the Agreement on the European Economic Area. Only in exceptional cases the complete IP address will be transferred to a Google server in the USA and shortened there. The anonymous IP address cannot be merged with other Google data.

ARTICLE 8 - CONDITIONS FOR AMENDING THE PRIVACY POLICY

This Privacy Policy can be viewed at any time at https://www.swaptheroad.com/en/privacy-policy/.

The publisher of the Site reserves the right to modify it in order to guarantee its compliance with the law in force.

Consequently, the User is invited to regularly consult this privacy policy in order to be informed of the latest changes that will be made.