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Privacy policy for the West of England Combined Authority (WECA) WESTlink Services

INTRODUCTION

Westlink is a public transport service where vehicles travel routes based on demand rather than using fixed routes and timetables. Members of the public will be able to book these services for travel which can be accessed by either telephone into a contact centre or self-served online using an app.

This policy (together with our end-user licence agreement as set out at westlink.app/terms (EULA) and any additional terms of use incorporated by reference into the EULA, together the Terms of Use) applies to your use of:

• the Westlink app (which was last updated on 7 March 2023) mobile application software (App) hosted on the Apple App Store and Google Play Stores, once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device);
• the Westlink booking website (Website); and
• any of the Westlink Services accessible through the App or Website (Westlink Services).

The App and Website are collectively referred to in this privacy policy as the (Westlink Services Sites).

We recognise that children use the Westlink Services and are legally able to provide consent to the processing of personal data after the age of 13 years. Where you are under the age of 13 years, we may restrict the features available to you on the Westlink Services Sites, and rely on alternative bases for processing your personal data, other than consent (see purposes for which we will use your personal data below for more information).

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This privacy policy aims to give you information on how WECA collects and processes your personal data through your use of the Westlink Services, including any data you may provide through the Westlink Services Sites when you purchase Westlink Services. This privacy policy also tells you about your privacy rights and how the law protects you.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

West England Combined Authority is the controller and responsible for your personal data (collectively referred to as “WECA”, “we”, “us” or “our” in this privacy policy).

If you have any questions about this privacy policy, or our privacy practices, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

Full name of legal entity: West of England Combined Authority

Email address: [email protected]

Postal address: West of England Combined Authority, 70 Redcliff Street, Bristol, BS1 6AL.

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on September 2023. Any historic versions can be obtained by contacting us. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App, make a telephone booking, or use the Website. Where you use the Westlink Services Sites, the new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Westlink Services Sites or the Westlink Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

The Westlink Services Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Westlink Services Sites, we encourage you to read the privacy policy of every website you visit.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, rider ID or similar identifier, title, date of birth and gender.
• Contact Data includes billing address, email address and telephone numbers.
• Financial Data includes payment card details.
• Transaction Data includes details about payments from you and other details of services you have purchased from us.
• Device Data We may collect information about the devices and browsers you use to access the Westlink Services Sites and Westlink Services. This may include your internet protocol (IP) address, operating system, browser type, browser language, screen resolution, the URL you entered and any relevant referring page/campaign, as well as information about the mobile devices you may use to access the App (including your hardware model, version, unique device identifiers, operating system, battery level and charging status, and screen size).
• Profile Data includes your rider ID and password, bookings made by you, your interests, preferences, feedback and survey responses. 
• Usage Data includes information about how you use our Westlink Services Sites and WestlinkServices, including your user account transactions and automatically collected log data. Usage Information may include, but is not limited to, information about when and how you downloaded the App or created your user account; your access and login activity; your preferences; details about any transportation or delivery services you request or participate in through the Westlink Services; your transactions; the specific components of the App, Website, or any other aspect of the solution you visit or use, along with details about your views or use of these components; any alerts or communications we send you in connection with your use of the services; and any errors that may have occurred during your use of the services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Location Data includes your current location data (including GPS and WiFi data)      from your mobile device when the App is running in the foreground of your mobile device (when the application is open and on-screen). We may also collect location data in the background (when the application is open but not on screen) if you authorise us to do so through your mobile device settings.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We will collect Heath Data including information relating to your mobility and disability status to enable us to provide assisted travel and ensure that you receive the correct pricing and any information detailed within any accident reports that relates to personal injury or receipt of medical attention.

We do not knowingly collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data). Nor do we knowingly collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract to provide Westlink Services, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a booking you have but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the Westlink Services Sites, or by corresponding with us (for example, by email or telephone). It includes information you provide when you register to use the App, download the App, subscribe to Westlink Services, search for an App or service, make an in-App purchase, complete a survey, and when you report a problem with an App, or our services. If you contact us, we will keep a record of that correspondence.
• Information we collect about you and your device. Each time you visit our Westlink Services Sites we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy https://ridewithvia.com/legal/cookie-notice for further details.
• Location Data. We also use GPS technology to determine your current location. Westlink Services require your Location Data to work. If you wish to use Westlink Services, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract to provide Westlink Services.
• Where you have consented before the processing.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purposes for which we will use your personal data

Marketing and promotion

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table:

• Service providers acting as our processors who provide customer service, IT, booking and scheduling, system administration and data analytical services (including the provider of the App, Via Technologies Europe B.V.).
• Local transport authorities (normally local councils).
• Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide us with consultancy, banking, legal, insurance and accounting services.
• HM Revenue and Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

INTERNATIONAL TRANSFERS

Some of our external third party service providers are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. When transferring your personal information across borders, we ensure compliance with all applicable legal requirements. Where appropriate, we rely on adequacy decisions or standard contractual clauses and appropriate additional safeguards. We closely monitor regulatory developments with respect to cross-border data transfers to ensure ongoing compliance.

DATA SECURITY

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. All data in transit and at rest is protected using strong encryption measures to help prevent unauthorized access, threats, or theft. Transport Layer Security (TLS) cryptographic protocol will also be used to provide end-to-end communications security.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. You are solely responsible for protecting your user credentials and limiting access to your devices.

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our records retention schedule which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold 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. Note, however, that 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 there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, 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 in the following scenarios:
• a) if you want us to establish the data’s accuracy;
• b) where our use of the data is unlawful but you do not want us to erase it;
• c) where 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; or
• d) 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.

You can exercise any of these rights at any time by contacting us via the email address above.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

GLOSSARY

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of WECA in conducting and managing our services to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Public Task means where we need to process your personal data in order to carry out tasks in the public interest.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.