Firefly Privacy Policy

EU Customer Privacy Policy

24 April 2018

We are The Hertz Corporation, its rental businesses and subsidiaries operating under the Hertz, Hertz 24/7, Dollar, Thrifty and Firefly brands (together “we”, “us”, and “our”). This policy does not cover our licensees or affiliates or other third parties through whom you may interact with us. This is a high level summary to explain how we collect, processes, store and otherwise use information about you and your rights in relation to that information. For full information, please see the full policy below.

THE HERTZ CORPORATION

EU CUSTOMER PRIVACY POLICY

SCOPE & CONTROLLERS

We are The Hertz Corporation, a U.S. company, and those of its subsidiary companies which operate in Europe (see the table below) to provide vehicle rental services to our customers under the Hertz, Hertz 24/7, Dollar, Thrifty and Firefly brands (together “we”, “us”, and “our”).  

Together we are the data controllers for the purposes of this Privacy Policy (“the Policy”).

We also use a network of licensees in provision of our services worldwide and are affiliated to many other companies through ownership. As our licensees, affiliates and entrusted third-party vendors are independent companies, they are not owned or controlled by us and are not covered by this Policy. We are not responsible for the privacy practices of our licensees and other third parties with whom you may transact.

This Policy covers the information we collect about you in connection with our vehicle rental businesses, which identifies, or can be used to identify, you as an individual (“Personal Data”).  It does not apply to information that cannot reasonably identify you. For example, but without limitation, aggregated anonymous data are not Personal Data.    

We respect the privacy rights of our customers and are committed to protecting your privacy. This Policy explains our data handling practices with regard to your Personal Data, as well as your rights associated with that data.

Contents:

1. Collection
2. Purposes
3. Sharing
4. Retention & Security
5. Your Rights
6. Questions & Changes

1. COLLECTION

We collect Personal Data that you provide on our websites, on third-party websites, on applications and offline in connection with any inquiries, reservations, rentals or purchases you make in relation to our services. We may collect your Personal Data directly or through our service providers, business partners, discount sponsors, licensees, advertisers and booking channel providers. For further details, see below:

1. TYPES OF INFORMATION COLLECTED may include, but are not limited to:

Personal Information:

Technological Information:

Rental Information:

Vehicle sourced information (telematics): We may use in-vehicle data systems to collect data about the vehicle’s condition and performance (including mileage, fuel and other operational data) and the driver’s operation of the vehicle during their rental for safety, security and claims management reasons and may retain this data as necessary for these purposes.

We may also have the ability to track the vehicle’s location throughout the duration of a rental, although we will only access this information in circumstances where the driver is in breach of the rental agreement, by failing to return the vehicle on time or by driving into unauthorised territories.

Sensitive Data:

We may collect certain Personal Data that constitutes sensitive data in some countries, such as data about (i) health conditions (for instance, if you ask us to accommodate a disability, such as by provision of hand controls, or if there is an accident and we need to work with insurance and claims management companies relating to any injury you may incur) or (ii) membership of a trade union (or similar organization) if you use a CDP Number that only members of that union or organization can use. Depending upon applicable local law, we may be unable to process such sensitive data without your consent.

Please note that if you wish to rent with us or our licensees and need to provide sensitive data, we will use that sensitive data for our operational uses as described in this Privacy Policy, subject to your consent where required under applicable law.  

1. METHODS AND SOURCES OF COLLECTION may include, but are not limited to:

Online collection:

• Cookies and online data collection

We use cookies on our websites to store information in your computer or mobile device to improve your online experience. Cookies are small text files which let you navigate between pages efficiently, remember your preferences, help us understand how this website is performing and generally improve your browsing experience. Cookies can also help to ensure the advertising you see online is more relevant to you.

Generally, our cookies may perform the following functions: 

If you would like to disable cookies or change the cookie settings on any of our websites, please go to the Manage my cookies link at the bottom of the webpage for full information and to record your preferences.

Our websites are not directed to individuals under the age of 13, and we do not knowingly obtain Personal Data from such individuals. 

• Apps

With regard to mobile apps, any app’s collection and use of Personal Data that is materially different from what’s described in this Policy will be supplemented by an individual privacy policy that will require acceptance for that specific app.

As the internet and other eCommerce channels continue to develop, we may deploy and utilize different types of technologies to collect data regarding your visit or usage.

Offline collection:

Depending on the purposes for which we collect and use your Personal Data, as set out in this Policy, the Personal Data we collect from you may be required due to a statutory or contractual obligation, provided on a voluntary basis, or necessary for us to enter into a contract with you.

If you do not provide your Personal Data to us this may result in disadvantages to you. In particular, we may not be able to rent to you. However, unless otherwise stated, not providing your Personal Data will not result in legal consequence for you.

2. PURPOSES

Below we have set out the various purposes for which we process your Personal Data. We have also set out the legal grounds for the processing of your Personal Data for each purpose:

OPERATIONS AND SERVICES: We may use your Personal Data to provide you with the services or products you request from us and to perform other activities related to such services or products, including billing and collection following a rental, or to communicate with you regarding (i) any reservation you initiate or rental transaction; (ii) your membership/status in one of our membership programs; or (iii) changes to the terms or features of any of our membership programs to which you belong.

Legal grounds: to perform our contract with you or to take steps at your request prior to entering into a contract with you.

1. OUR MARKETING: We may use your Personal Data to provide you with marketing information, special offers and promotions via various means, including e-mail, in accordance with applicable law.

Legal grounds: on the basis of your consent. However, where permitted by applicable law we may lawfully use your Personal Data to send you such marketing communications (including via email) for these marketing purposes where necessary for our legitimate interests, which include promoting our products and services, special offers and promotions which may be of interest to you.

You can unsubscribe from receiving such messages at any time by contacting us at the details at Section 6 below as well as the unsubscribe link in each e-mail message. Please note that if you exercise these choices, you will continue to receive communications concerning your account and products and services you requested, and in response to any requests for information by you. Please also note that this process may take some time to complete, consistent with applicable law.  

1. THIRD PARTY MARKETING: We may also share your Personal Data with a sponsor or other third party that provides you with special offers or promotions that may be of interest to you ("Third Party Provider") where permitted.

Legal grounds: on the basis of your consent. You may instruct us at any time not to share your Personal Data covered by this Policy with such Third Party Providers where you have previously consented.

Please note that (i) this process may take some time to complete, consistent with applicable law; and (ii) even after such process is completed, your personal and other information may continue to be shared with CDP Sponsoring Organizations (see below), our affiliates (including affiliated websites under common ownership or control), and designated service providers in accordance with this Policy.

1. OTHER THIRD-PARTY PURPOSES: As part of our services, we have engaged with third-party organizations that sponsor the special discount code (called a CDP number), member, employee or other number used by you to complete a rental or purchase (“Sponsoring Organization”). As a result of our relationship with these Sponsoring Organizations, we may be under an obligation to provide them with details about you and your use of our services as they relate to your relationship with them, such as (i) to confirm your eligibility to rent using that number, (ii) to establish your compliance with the rules set up by the Sponsoring Organization for use of the number, or (iii) to enable their payment of your rental costs. If you do not wish us to disclose relevant Personal Data to the Sponsoring Organization for these or other disclosed purposes, you must not use the number associated with them.

Legal grounds: to perform our contract with you where you use a CDP, member, employee or other number.

Sponsoring Organizations may have different privacy practices than we do, and we recommend you review the Sponsoring Organization’s privacy policy for the purposes which they will use your information. As we do not control the Sponsoring Organization’s privacy practices, they may not be the same as ours. However, because of your relationship with the Sponsoring Organization, they can use Personal Data which they receive from us for the purposes specified in their privacy policies or similar statements, including authorizing their designees to receive and process your information on their behalf.

1. NORMAL COURSE OF BUSINESS: We may also process your Personal Data and other information if such processing is necessary:

1. to comply with the law or in response to a subpoena, court order, law enforcement request, or other legal process;

Legal grounds: where it is necessary for compliance with a legal obligation to which we are subject.

1. to protect the interests, rights, safety, or property of us or others;

Legal grounds: where necessary for our legitimate interests, which are to protect such interests, rights, safety and property;

• to enforce any terms of service on our websites or the terms and conditions of any rental, purchase, or utilization;

Legal grounds: for our legitimate interests, which are to protect us and enforce such terms of service or terms and conditions.

1. as part of a business transaction where all or some of our assets are bought, sold, or otherwise transferred by act of law or contract; and

Legal grounds: for our and third parties’ legitimate interests.

1. to operate our systems properly.

Legal grounds: for our legitimate interests, which are the proper running of our systems and our business in order to provide our products and services to you and other customers.

1. TELEMATICS: We may use in-vehicle data systems to collect data about the vehicle’s position, condition and performance during your rental. Use may include:

1. to collect data relating the vehicle’s condition and performance during the rental (including vehicle damage, mileage, fuel use and other operational data) to improve the accuracy of our billing processes on return of the vehicle;

Legal grounds: for our legitimate interests to ensure accurate charging for your uses of the vehicle, including for fuel and damage, during your rental. 

1. to collect data relating to the driver’s operation of the vehicle during the rental for safety, security and claims management reasons, including to contact the renter if the data suggests there is a security, safety or operational issue that we need to bring to your attention.  

Legal grounds: for our legitimate interests to enable us to defend and manage claims arising out of accidents involving the rental vehicle; to ensure we meet our safety and security obligations in relation to the vehicle and each rental;

• to track the vehicle’s location throughout the duration of a rental in order to access such information solely where the driver is in breach of the rental agreement (by failing to return the vehicle on time or by driving into unauthorised territories) or to assist in the defence and management of claims following an accident involving the vehicle.

Legal grounds: for our legitimate interests to protect our assets, enforce our terms and conditions and defend and manage claims.

1. to track the vehicle to enable us to provide information to you as you drive about areas of historic or leisure interest, restaurants, service or fuel stations or other places or services of interest;

Legal grounds: on the basis of your consent.

1. to share with you, your employer or others information about your driving performance (such as speed) during your rental;

Legal grounds: with your consent to each specific use requested.  

1. WEBSITES: If you use our websites we may process your Personal Data as follows:

1. Aggregated or anonymised information: We may share with other third parties aggregate or anonymized information about our website users, such as your use of this website or other websites, and the services provided on this website or other websites, as well as any rental, purchase, or utilization information.

1. Social media: If you participate in certain public features of our websites, apps, or social media websites/apps, please note that any information you or others voluntarily disclose through use of such features, becomes available to the public and/or other users whom you have designated.

If you choose to provide access credentials to designated individuals, please be aware that any information you provide to us may be visible to such individuals.

We are not responsible for the information that you or others choose to disclose publicly and such information is not subject to this Policy.

• Links to third parties: We may provide links to third-party websites, or may be linked to from third-party websites. Since we do not control third-party sites, and we are not responsible for any information you may provide while on such sites, we encourage you to read the privacy policies on those websites before providing applicable third-parties with your information.

3. SHARING

• THIRD PARTY COMPANIES

We may share your Personal Data with third parties in the following circumstances:

• To provide services to you: We will share your personal data among ourselves, our agents, our licensees and other companies to provide services to you, including to:

• Disclosure to companies you use: We will also share your information with companies you use in connection with your rental, including: 

• Protective and legal uses: We may use, share and disclose your personal data for legal reasons as we believe necessary or appropriate, including to:

• Disclosure to our service providers and agents: We may use other companies as our service providers or agents to act on our behalf and assist us in the conduct of our business, performing services for us under our instruction. These services may include hosting certain websites or databases, operating “apps” for us on our social media networks’ pages, running contests, sweepstakes and other promotions for us, sending marketing communications, carrying out data analysis and conducting customer satisfaction surveys or other research. We will seek to require our service providers and agents to maintain appropriate security standards to protect your personal data and use the personal data we provide to them only for the purposes we specify. 

• Disclosure for corporate transactions: We may disclose your personal data to a third party in connection with any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

• INTERNATIONAL TRANSFERS

Some of the uses and disclosures mentioned in this Policy may involve the transfer of your Personal Data to various countries around the world that may have different levels of privacy protection than your country of residence or interaction with us, such as when you request rental services to be provided to you in a country outside the European Union (“EU”). 

Where our transfer of your data is necessary to provide rental services requested by you, the legal basis for the transfer is the contractual necessity of the transfer, and your Personal Data will be processed by the company providing the services you requested in accordance with applicable local law.

Where we transfer your Personal Data to a third party outside the European Union and no legal basis applies, such as where we transfer the data to a company processing it to our instruction to enable us to provide our services, we will ensure that the required safeguards are in place for the transfer. These include (i) where the entity receiving the data is located in a country recognized by the European Union as having adequate safeguards in place; (ii) where the transfer is to the United States, where the recipient company participates in the EU-US Privacy Shield (see below); or (iii) where we have entered into EU approved standard contractual clauses with the recipient to protect the data. For example:

• EU-U.S. Privacy Shield Framework: We may store your Personal Data on our servers, primarily located in the United States. The Hertz Corporation and its subsidiaries in the U.S. (individually and collectively, the "Company") participates in the Privacy Shield. The Company's participation applies to Personal Data received in the United States from the European Union ("EU"). We are committed to treating such EU Personal Data in accordance with the Privacy Shield principles, including Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield, visit the U.S. Department of Commerce's Privacy Shield List at privacyshield.gov.

• EU Standard Contractual Clauses: Where we transfer your Personal Data outside of the European Economic Area other than to the Company or any other organization in the U.S. which participates in the Privacy Shield, or to a country which is not covered by an adequacy decision from the European Commission, we implement EU approved standard contractual clauses to ensure that your Personal Data is protected. You can request a copy of these standard contractual clauses by contacting us as set out in Section 6 below.

4. RETENTION & SECURITY

• DATA RETENTION

We retain personal data about our customers for as long as we believe is necessary for the purposes for which it was collected, or unless otherwise allowed or required by law. We collect Personal Data for a number of purposes (see above) and may be required to retain it for legal (including tax) reasons for a period which is longer than the time we need or use the data for the purpose of providing our rental services to you. We maintain a data retention policy to cover all the Personal Data we retain across our systems. If you have any questions about the retention period applying to the Personal Data we collect about you, please contact us (see Section 6).

• SECURITY MEASURES

Information is stored and accessed in various locations and cloud services. Servers which store information are primarily located in the United States and Europe, although storage may occur in other locations as well. We use reasonable administrative, technical, personnel, and physical measures (a) to safeguard Personal Data against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of your Personal Data. To help us protect your privacy, you should maintain the secrecy of any logon IDs and passwords, Member numbers, or other identifiers or credentials you may have set up or were provided with in connection with your participation in or use of our products, services, or websites.  

• TRANSMISSIONS

As you may be aware, there is no completely secure method of transmitting or storing data. Although their physical characteristics are different, postal mail, telephone calls, text messages, faxes and transmissions over the Internet or wireless networks all present possibilities of loss, misrouting, interception and misuse of the data that is transmitted.  If you have reason to believe that any account with us is no longer secure, you must immediately contact us. 

We try to strike a balance between the security of your data and your convenience.  As a result, we may sometimes use a method of communication that is less secure than a less convenient alternative.  For example, but not limitation, we may send you an e-mail or a text message in unencrypted form (i.e. instantly readable) because many of our customers are unable to access encrypted (i.e. coded) e-mail or messages. This means that our message, if misrouted or intercepted, could be read more easily than encrypted messages. Such messages may contain Personal Data. Please do not include confidential information, such as your credit card number or account passwords, in any e-mail or text you send to us or on any posting you make to a public area of a third-party social network page, especially since any such posting immediately becomes public. For a more secure way to communicate with us over the Internet, please click on the “Contact Us” link on any of our websites.

5. YOUR RIGHTS

• You have the right to request access to, review, and update your Personal Data covered by this Policy, and can request this by contacting us at the details set out in Section 6 below. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by applicable laws. If you are a member of one of our membership or rewards programs, you may update the information in your member profile by logging into your applicable member profile.

• You also have the right to:

• request rectification of your Personal Data where the information that we hold about you is incorrect or incomplete;
• object to the processing of your Personal Data for direct marketing purposes, including profiling to the extent it relates to direct marketing;
• object to the processing of your Personal Data where our legal basis for that processing is that such processing is necessary for our legitimate interests, subject to any overriding legitimate grounds that we may have for the processing;
• object to automated decision making (including profiling) in certain circumstances;
• request erasure of your Personal Data in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for and there is no compelling reason for us to continue to process (or store) it;
• request restriction of your Personal Data in certain circumstances, such as that we do not process certain of your Personal Data (other than merely by storing them) following a rental in circumstances where all matters relating to the rental have been completed and the data is being stored only to meet certain legal (e.g. tax) requirements; and
• receive (or ask us to transmit to another organization) your Personal Data that you have provided to us which we process by automated means where our processing is either based on your consent or is necessary for the performance of a contract with you.

• In addition, where we process your Personal Data on the basis of your consent, you can withdraw that consent at any time.

You can make a request to us to exercise any of these rights by contacting us as set out in Section 6 below.  

6. QUESTIONS & CHANGES

(a)    CONTACT US: We do business in many countries and aim to comply with the privacy laws applicable to the Personal Data we collect and use. Should you have a concern or complaint about our handling of your Personal Data, you may contact us directly via the methods described below. We will work to respond and resolve your complaints in an expeditious manner. You also have the right to lodge a complaint with a competent data protection supervisory authority in your jurisdiction.

Please contact us by emailing euprivacy@hertz.com or writing to the address below if you have any questions, wish to exercise your rights of access, or seek other assistance as described above. 

Data Protection Officer

Hertz Europe

11 Vine Street

Uxbridge, Middlesex,

UB8 1QE, UK

(b)     CHANGES: We reserve the right to change this Policy at any time for any reason by posting revisions on this webpage or on applicable apps or other sites.  Such changes will be effective upon posting, but will not apply retroactively.  Whenever we make a material change, we will note the date of such update in the introductory page above, and post a note on the home page of our applicable websites.