Terms of Service

In this Agreement, unless the context otherwise requires:

1. “Client” means the organisation or individual that has contracted with the Service Provider to use the Service, being the transport operator;
2. “User” means any individual who accesses or uses the Service, including the Client’s staff, Drivers and passengers;
3. “Driver” means any individual registered as a driver within the Service;
4. “Passenger App” means the Transport Plus mobile application (io.transportplus.app);
5. “Driver App” means the Transport Plus Driver mobile application (io.transportplus.driver);
6. “Operator Data” means all data, including Personal Data, that the Client or its Users enter into or generate through the Service in the course of the Client’s operations;
7. “Personal Data” means any information relating to an identified or identifiable natural person;
8. “Data Controller” and “Data Processor” have the meanings given to them in the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”); and
9. “Business Day” means any day other than a Saturday, Sunday or public holiday in Malta.

This Agreement covers the access to and use of:

1. the Transport Plus marketing website;
2. the operator web application;
3. public trip, payment and shuttle pages;
4. the Passenger App; and
5. the Driver App.

Website visitors and Users who are not the Client are bound by the provisions of this Agreement on Website and App Use and on Data Protection, insofar as these apply to them, and by the Service Provider’s Privacy Policy.

The Client must ensure that its equipment complies with the technical and operational specifications specified by Service Provider, or that are required due to technical specifications of Service Provider’s Services and, or equipment, and this in relation to the provision of the Service.

The Service provided to the Client under this Agreement is limited to the features included in the plan subscribed to by the Client, as set out in the plan description published by the Service Provider on its website and/or within the Client’s portal from time to time. Features and functionality not included in the Client’s plan, and any optional add-ons, do not form part of the Service unless the Parties otherwise agree in writing.

Service Provider shall use its best endeavours to maintain adequate performance levels within commercial reason but does not guarantee constant and fault-free provision of the Service.

The Client is requested to contact [email protected] to report system malfunction and request services.

The Client commits to an initial term of twelve (12) months from the date of acceptance of this Agreement, as set out in Clause 41.

Service Provider obligations and rights specified under this Agreement shall be performed or exercised by Service Provider or any of its affiliated companies, and this without the need of the consent of the Client.

Service Provider shall provide the Service, in accordance with the terms and conditions of this Agreement together with the plan description and Schedule of Fees referred to herein. Service Provider reserves the absolute right to monitor the Client’s use of the Service and any access thereto, but this right shall not be construed as a supervision obligation on the Service Provider.

Service Provider may change, discontinue, add, modify, re-price or remove features or functionality from the Services and shall notify the Client at least one (1) month in advance. If the Client continues to use the Services following any such modification, such use will be construed as acceptance of such modification by the Client. Provided that where any such change results in a material increase to the fees payable by the Client, or a material reduction in the core functionality of the Service, the Client may terminate this Agreement without penalty by giving written notice within thirty (30) Business Days of the notification, such termination to take effect at the end of the then-current billing period.

If the Client is ordering Services on behalf of an employer, company, or other legal entity, the Client represents and warrants that it has the legal right and authority to order Services and to bind the employer, company or other legal entity by this agreement.

The Client binds itself to:

1. Use the Services in accordance with the terms and conditions of this Agreement, the plan description and Schedule of Fees referred to herein, and in accordance with the Laws of Malta; and
2. Adhere to the terms of this Agreement;

The Client shall always make use of the service in good faith and in line with Maltese laws. Service Provider will immediately terminate service without the need of any further notice and reserves the right to seek legal action through the courts of Malta if the Client:

1. Tampers with equipment
2. Attempts/Succeeds to hack any software or any network
3. Reverse engineer any product provided
4. Attempts any form of unauthorised access

Service Provider will carry out an acceptance procedure with the Client who shall approve that the service level is as expected. If the Client initiates using the Service without the initial approval, it shall be implied that the Client has tacitly accepted the Service and Service Provider shall have the right to do away with the Acceptance procedure.

Content on the Transport Plus website is informational only and does not constitute an offer or a contract for the Service. Submitting a contact, integration or waitlist form does not create a contract for the Service. Demo bookings are made through Calendly, and Calendly’s own terms apply to such bookings.

Public trip, payment and shuttle pages allow a User to view or pay for a trip that the Client has already created. They do not create bookings.

The Service Provider grants Users a limited, non-exclusive, non-transferable licence to use the Passenger App and the Driver App for their intended purpose. The software is licensed, not sold.

Users shall not abuse the Service, spoof or falsify location data, scrape data, or interfere with other Users.

Drivers should enable location tracking only when they agree to be located for work. While tracking is enabled, location may continue to be collected in the background, after the Driver App is closed and after the device restarts, until tracking is turned off or the Driver logs out. Tracking cannot be turned off while a trip is in progress.

Users of the website, the Passenger App and the Driver App must be at least sixteen (16) years of age. The Client is responsible for any Personal Data relating to younger passengers that the Client enters into the Service, for example in school transport.

Accounts are managed as follows:

1. Passenger App accounts may be created by the User, who may delete the account in the app under Settings. Deletion removes the User’s Transport Plus login and saved trips, while the Client retains the passenger and trip records it needs to operate its service;
2. Driver accounts are created by the Client. Drivers may request deletion through the Client or by emailing [email protected]; and
3. Users of the operator web application may request deletion through the Client or by emailing [email protected].

The Service is hosted with high availability across three (3) geographic zones. Backups are performed multiple times daily and system monitoring is provided twenty-four (24) hours a day, seven (7) days a week.

Support is available on Business Days from 9:00 to 17:00 (CET) through [email protected].

Scheduled maintenance will be communicated to the Client in advance. Emergency maintenance may be performed as needed. Updates and new features will be deployed with minimal disruption.

Client shall be liable to pay Service Provider in accordance with the Schedule of Fees applicable to the Client’s plan, as published by the Service Provider on its website and/or within the billing section of the Client’s portal and as amended from time to time in accordance with Clause 11, and any other charges where applicable or mutually agreed upon.

All fees mentioned in this agreement shall be subject to value added tax (VAT) and/or any other form of direct/indirect taxation that may be applicable at the time of the provision of the Service, which shall be solely and exclusively borne by the Client.

Client shall remain responsible for all the Charges incurred between the time of a request for termination of the Service and the actual termination of the Service. The same shall apply in case of suspension of the Service, where suspension is caused or occasioned by the Client.

Subject to the provisions contained in this Agreement, Service Provider will issue invoices to the Client on a monthly basis or as mutually agreed upon. Accepted payment methods will be specified on the invoice.

All invoices to the Client are subject to thirty (30) Business Days credit. Client shall pay each invoice in full by ‘Due Date’. Interest at the highest rate permitted by law shall be due on late payments without the need of any further notice.

Service Provider has the right to:

1. Alter the invoicing frequency at any time provided that a fifteen (15) Business Days’ prior written notice is given to Client.
2. Re-issue any invoice if any error is identified.

The Client shall also be responsible for all costs incurred by Service Provider (including legal and judicial costs) in recovering any payment not received on the Due Date.

Service Provider may suspend, withdraw, terminate or restrict the Service in whole or in part, without liability if:

1. Service Provider reasonably believes that the Services are being used (or have been or will be used) by Client in violation of this Agreement or any applicable law, court order, rule or regulation in any jurisdiction
2. Service Provider reasonably believes that suspension of the Services is necessary to protect Service Provider’s network or other clients of the Service Provider;
3. The Client fails to make a payment due under this Agreement to Service Provider by the Due Date;

Provided that prior to the suspension, withdrawal or restriction of the service, Service Provider shall first inform Client in writing of the alleged cause for suspension, withdrawal or restriction and shall afford Client a five (5) Business Day cure period within which to remedy such fault.

4. Service Provider deems it is reasonable and/or necessary to suspend the Service in cases where:
   1. Service Provider deems it necessary to carry out planned maintenance, repair or upgrade any equipment or facility, provided that for the purpose of such works Service Provider would have previously notified the Client; In any event Service Provider shall use it best endeavour to limit its planned maintenance and downtime.
   2. Service Provider deems it necessary to carry out unplanned maintenance, repair or upgrade of any equipment or facility or protect the integrity of the Service.
5. Service Provider has reasonable and sufficient grounds for the termination of the Service in terms of this agreement.

In the event that the Service is suspended, withdrawn or restricted, Service Provider will reasonably ensure that there is minimum disruption to the Service and shall use its best endeavour, within commercial reason, to re-establish the provision of the Service.

Without prejudice to anything contained in this Agreement, Service Provider shall not be liable to Client or any third party for any loss resulting from, or in connection with, a suspension, withdrawal or restriction of the Service.

Service Provider’s right to suspend the Service under this Article shall not in any way prejudice any other action available to Service Provider under this Agreement or under the Laws of Malta. Provided that the exercise of such action shall not constitute a waiver of Service Provider’s right to subsequently terminate this Agreement.

If Service Provider suspends the Client’s right to access or use any portion or all of the Service:

1. Client remains responsible for all fees and charges Client has incurred through the date of suspension.
2. Client remains responsible for any applicable fees and charges for any Services to which Client has continued to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension.

The Client is renouncing in the widest and amplest manner to any right of action or any claim for damages against Service Provider should Service Provider terminate, withdraw, suspend or restrict the Services in accordance with the terms of this Agreement.

Service Provider represents to, warrants and covenants with the Client that:

1. It has the requisite authority to execute this Agreement and to perform the obligations mentioned herein;

Service Provider shall use commercially reasonable efforts to ensure that third parties with whom it has entered into an agreement for the purpose of providing a part or all of the Services obtain and maintain, all such consents, approvals, licences, permits and other approvals, both governmental and private, as may be necessary (as at the date of performance) to permit Service Provider to perform its obligations under this Agreement. Notwithstanding anything contained in this Agreement, the Parties understand and agree that Service Provider may engage third parties to perform a part or all of the Services without the need of the consent of the Client.

The Client understands and agrees that Service Provider may use software created, supplied, modified and controlled by third parties and that it has little or no control on the performance of such. The Parties agree that this Agreement may not be construed as a waiver to the terms and conditions of use of the creator and, or end- controller of the software. The Client further declares that it has read, agreed and accepted the End User License Agreement of the creator and controller of the software used in the Services.

1. Service Provider shall perform its obligations under this Agreement in a manner consistent with applicable law and in a manner as may be expected from a provider of electronic communications services in the electronic communications industry;

Notwithstanding anything to the contrary in this Agreement and without prejudice to the foregoing, Service Provider does not warrant or represent that the Service will be fault-free.

The Client represents to, warrants and covenants with Service Provider that:

1. This Agreement constitutes a valid and binding obligation of the Client enforceable against the Client in accordance with its terms;
2. There are no pending and, to Client knowledge, no threatened claims, actions, suits, audits, investigations or proceedings by or against Client which could have a material adverse effect on the Client’s ability to perform its obligations under this Agreement;
3. The Client shall perform its obligations under this Agreement and use the Service in a manner consistent with applicable law, and shall not use the Service, for any illegal purpose or in any other unlawful manner; and
4. The Client shall take all reasonable measures to prevent use of the Service in such a manner that could cause any interruption of, or interference to, the Service Provider network or the use of any other capacity on the Service Provider network.

The Term of this agreement will be of a 12-month period from the date of acceptance of this Agreement (the “Initial Term”). This Agreement shall automatically renew for successive 12-month periods (each a “Renewal Term”) unless either Party gives the other written notice of non-renewal at least sixty (60) Business Days prior to the end of the Initial Term or the then-current Renewal Term;

Service Provider may terminate the Service and/or this Agreement by giving written notice if:

1. Client fails to rectify a breach of this Agreement, within ten (10) Business Days of receiving written notice from Service Provider describing the nature of the breach and specifying Service Provider’s intention to terminate this Agreement if the breach is not rectified;
2. Client fails to honour any of its material obligations under this Agreement;
3. Service Provider has reasonable suspicion of fraudulent, unauthorised, improper or illegal use being made by Client of the Service.

Provided that in such case, prior to exercising its rights as detailed above, Service Provider shall provide Client with a reasonable and sufficient opportunity to address and rectify such fraudulent activity or improper use.

4. Client is in breach of this Agreement and, or public policy;
5. Service Provider is prohibited from supplying the Service under the Laws of Malta;
6. Any of the information provided by the Client to Service Provider in applying for the Service is found to be false, fraudulent or misleading;
7. Any Event of Force Majeure continues for more than ninety (90) Business Days.

The Client may terminate this Agreement by giving written notice to Service Provider in cases where:

1. Service Provider has failed to rectify a breach of this Agreement within ten (10) Business Days of receiving a written notice from the Client describing the nature of the breach and specifying the Client’s intention to terminate this Agreement if the breach is not rectified;
2. Service Provider is partially or totally prohibited, or in any way restricted from supplying the Service under the Laws of Malta;
3. An Event of Force Majeure continues for more than ninety (90) Business Days.
4. Service Provider fails to honour any of its material obligations under this Agreement.

Either Party may terminate this Agreement with immediate effect if the other Party is subject to liquidation, insolvency or bankruptcy procedures, or makes any arrangement or composition with, or assignment for the benefit of its creditors, or if any of the other Party’s assets are the subject of any form of seizure, or if such other Party goes into liquidation, either voluntary (otherwise than for reconstruction or amalgamation) or compulsory or if a receiver or administrator is appointed over such other Party’s assets.

On termination of this Agreement:

1. All amounts owed by the Client to Service Provider till the end of the then applicable term will become immediately due and payable;
2. Client shall cease to use the Service with immediate effect;
3. The Client’s Operator Data shall be retained for thirty (30) Business Days following termination, during which period the Client may request an export of its data. Thereafter, the Service Provider shall delete or return the Operator Data in accordance with the Data Protection provisions of this Agreement;
4. Termination of this Agreement shall not affect the rights of the Parties, which rights would have accrued prior to the date of termination of this Agreement;
5. Service Provider shall not be liable to the Client nor to any third party for any loss resulting from or in connection with termination of this Agreement in terms of this Agreement.
   1. Obligations which by their very nature survive the suspension or termination of this Agreement including clauses relating to confidential information shall continue in full force and effect notwithstanding termination of this Agreement.

Client hereby releases and agrees to indemnify, defend, protect and hold harmless Service Provider, its employees, officers, directors, agents, shareholders and associated companies, from and against:

1. Any injury, loss or damage to any person, tangible or intangible property (including intellectual property) or facilities of Service Provider or any third person or entity (including attorneys' fees and costs) to the extent arising out of or resulting from either:a) the direct or indirect acts or omissions, negligent or otherwise, of Client, its officers, employees, servants, affiliates, agents, contractors, licensees, invitees or vendors;b) other acts and omissions of the Client constituting a breach or default under this Agreement;
2. Any claims, liabilities or damages arising out of any violation by the Client of any regulation, rule, statute or court order of any local governmental agency, court or body in connection with its use of the Services;
3. Any claims, liabilities or damages arising out of any interference with, or infringement of, the rights of Service Provider and, or any third party as a result of the Client’s use of the Service not in accordance with the provisions of this Agreement; and
4. The use, resale, sharing or modification of the Service by Client and/or its users.

The Client solely irrevocably solely assumes liability for the causes mentioned in this Clause 46.

The total aggregate liability of the Service Provider arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall be limited to direct damages and shall not exceed the total fees paid or payable by the Client to the Service Provider in the twelve (12) months immediately preceding the event giving rise to the claim.

The Service Provider shall not be liable for any indirect, special or consequential loss or damage, any loss of profit, revenue or business, any loss of contracts or goodwill, damage to the Client’s equipment or to equipment in the Client’s care or possession, or any loss or damage arising from an Event of Force Majeure. Nothing in this Agreement shall limit or exclude any liability which cannot be limited or excluded under applicable law.

For the purposes of this Agreement, an “Event of Force Majeure” shall mean any cause preventing the Service Provider from performing any or all of its obligations under this Agreement which arise from or is attributable to acts, events, omissions or accidents beyond its control including but not limited to acts of God, pandemics, war (whether declared or not), sabotage, riot, explosion, government controls, restrictions or prohibitions or any other governmental act or omission whether local or national, or any other event beyond the Service Provider’s reasonable control.

If the Service Provider fails to perform its obligations under this Agreement by an Event of Force Majeure, it shall notify the Client in writing specifying the nature and extent of the circumstances giving rise to the Event of Force Majeure and shall, subject to service of such notice, have no liability in respect of the performance of such obligations as are prevented by the Event of Force Majeure during the continuation of such Events;

Notwithstanding anything contained in this Clause 49, the Parties agree that should the Client not be able to pay any sums due to Service Provider due to Force Majeure, Service Provider shall have the right to stop the provision of Services and terminate the Agreement by sending the Client a written notice to that effect. Upon the sending of such notice, Service Provider shall be released from any and all obligations towards the Client that arise in terms of this Agreement. The Client is renouncing in the widest and amplest manner to any right of action or any claim for damages against Service Provider should Service Provider terminate, withdraw, suspend or restrict the Services in accordance with the terms of this Agreement, in particular this Clause 49.

For the purposes of this Agreement “Intellectual Property Rights” means all present and future rights to or in trademarks, service marks, copyright, design rights, inventions and other similar rights (whether registered or not, and whether capable of registration or not) and, to the extent permitted by law, moral rights;

Without prejudice to anything contained in this Agreement, all Intellectual Property Rights to the data pertinent to the use of the Service, including but not exclusively in any documentation, charts, reports, work products relating specifically to, and delivered pursuant to the provisioning of the Service shall vest in the Party providing such information, unless otherwise specifically stated by the said Party.

Furthermore, the Parties agree that the Intellectual Property Rights to the software components lie with the Service Provider. No claim to ownership of this software can be made by the Client. The Client retains ownership of its Operator Data. No licence is granted to the Client except as expressly stated in this Agreement.

This Agreement is regulated by the Laws of Malta and applicable European Union regulations, including the GDPR, and shall be subject to the exclusive jurisdiction of the competent Maltese Courts or Tribunals;

Save in the case of a fraudulent misrepresentation, this Agreement, together with the plan description and Schedule of Fees referred to in it, constitute the entire agreement and understanding of the Parties and supersede any previous agreement or understanding between the Parties relating to the subject matter of this Agreement;

This Agreement does not constitute any type of partnership or agency between the Parties;

Save as provided in Clause 11, any additional conditions amending and/or supplementing the terms and conditions set out in this Agreement shall be agreed in writing (including by email) by both Parties before becoming applicable.

The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of such right or remedy or a waiver of other rights or remedies;

A waiver of a breach of any of these terms and conditions or of a default under this Agreement does not constitute a waiver of any other breach or default and shall not affect any other terms and conditions;

The rights and remedies provided by these terms and conditions are cumulative and (subject as otherwise provided in these terms and conditions) are not exclusive of any rights or remedies provided by law.

This Agreement is severable in that if any provision is determined to be illegal, inapplicable or unenforceable by any court or any other body having a judicial function and with competent jurisdiction, such provision shall be deemed to have been deleted and, or replaced without effecting the remaining provisions of this Agreement.

For the purposes of this Agreement, Confidential Information shall mean all information disclosed by a Party hereto to the other Party, including, but not limited to all commercial, marketing, business, operational, technical, organizational, legal, management and financial information, however recorded and whether provided in writing, verbally, by demonstration or in electronic form, whether or not disclosed before the date hereof, and whether or not the information is marked as “private and confidential”. The list of classes of information stipulated in this Clause is not exhaustive. Information not included in this Clause but which, by its very nature requires confidentiality, shall also be Confidential Information.

The Parties shall take all necessary precautions to ensure that all Confidential Information obtained from each other during the provision of Services is:

1. treated as confidential;
2. given only to such of its staff as is strictly necessary and, on the premise, that the information is confidential; and
3. not disclosed to third parties.

The receiving party shall:

1. Use the Confidential Information only for the Purpose/s set out in this agreement;
2. Hold and maintain the Confidential Information in strict confidence using the same degree of care (but not less than reasonable care) that they use with respect to comparable, highly confidential information relating to its own business;
3. Not release, use, sell, transcribe, transfer, publish, disclose, copy (whether by machine or by hand), display, reproduce, reverse, engineer, decompile or dissemble, or otherwise deal with the Confidential Information in any manner whatsoever; and
4. Not make the Confidential Information or any portion thereof, in any form or manner whatsoever, available to any other third party;

The Parties shall not, in any way, circumvent the terms of this Agreement and/or attempt to circumvent the terms of this Agreement, in any direct and/or indirect manner.

The Parties agree that this Clause 62 and its sub-clauses shall solely and exclusively apply for the retention and processing of that data that the Service Provider collects as data of the Client (or client company) per se, including but not limited to company details, details of company representatives, address of registered office and other data that the Service Provider collects and processes in its clients’ database. The Service Provider retains, stores and processes this Client’s data in such a manner and for such time as provided for and in terms of Maltese Law and/or the Service Provider’s company policy.

The Service Provider may use the Client’s data for the following list of reasons, without limitation:

1. To pass the personal data to relevant authorities
2. To deal with any enquiries;
3. For the purposes of accounting and legal compliance;
4. To enforce its rights and carry out its obligations;
5. For statistical analysis, administration purposes and record keeping;
6. For general marketing purposes;
7. To obtain feedback on services offered to the Client.

The Service Provider may share the Client’s personal data with the following list of persons, without limitation:

1. Third parties who acquire the Service Provider in whole or in part;
2. Authorities, law enforcement bodies, regulators and third parties as required by law or court order;
3. Other third parties, that are providing services to the Service Provider, directly related with the Service being used by the Client.

The Service Provider will retain the Client’s information only for as long as is necessary and for the purposes set out in this Agreement. The Service Provider will retain and use the information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies. The Client’s access to, purchase of, or use of any of the Service Provider’s services or products constitutes acceptance of all of the Service Provider’s terms, including without limitation, the collection, use, processing, and disclosure of the data as described in this clause.

In certain circumstances, the Client has the following data protection rights:

1. The right to access, update or to delete the information that the Service Provider has.
2. The right of rectification.
3. The right to object.
4. The right of restriction.
5. The right to data portability
6. The right to withdraw consent

Where the Client opts in through a separate, unticked consent option at sign-up, the Client consents to the processing of its personal data by Service Provider for direct marketing purposes such as informing the Client by mail, telephone, fax, e-mail or other electronic means about products and services supplied by Service Provider, its subsidiaries and associates. Such consent may be withdrawn at any time by notifying the Service Provider in writing.

Save for the backup, retention and deletion obligations expressly set out in this Agreement, the Parties agree that none of the clauses or terms of this Agreement shall be construed as creating an obligation on the part of the Service Provider of storing any of the data that the Client (or its associates, customers, clients and/or third parties connected to it) gathers, transfers, collects, reproduces or otherwise makes use of when availing themselves of any of the Services provided by the Service provider.

Any liability of the Service Provider for the loss of, or damage to, data shall be limited to direct damages and shall be subject to the limitation of liability set out in Clause 47.

Any and all prior written consents, authorisations and permissions shall be presumed to have been obtained by the Client if the Client requests the Service Provider to back-up, store or make copies of any data. The Service Provider shall carry out its obligations in accordance with the applicable rules and legislation.

As Data Controller of the Operator Data, the Client shall be responsible for the lawfulness of the collection and processing of the Personal Data it enters into the Service, including that of its Drivers, passengers and clients, and shall take all necessary precautions to ensure that the Service Provider is not placed in breach of the GDPR, or any enactment or legislation replacing it, as a result of the Client’s instructions or use of the Service;

Service Provider may record telephone conversations to offer additional security or resolve complaints;

Personal data, whether sensitive or otherwise, communicated to Service Provider by the Client from time to time may be recorded in a database and processed for the administrative and professional purposes. The Client is hereby explicitly consenting to the processing of any sensitive personal data as aforesaid;

It is expressly agreed that the Client’s personal data may be disclosed to or exchanged with all of Service Provider’s employees, subsidiaries, associates, and third-party agents contracted by Service Provider in furtherance of its Services. Access to such personal data, information and documents as aforesaid will be restricted to those who have a need to act or process such information in order to comply with their duties;

The Client agrees to notify Service Provider and any Company/Firm involved in the execution of this Agreement immediately in writing if such data has changed.;

The Parties bind themselves to process the Data exchanged in accordance with the Data Protection Act and applicable legislation including but not limited to the GDPR.

Should the Client be in breach of any term of this agreement, Service Provider shall have the right to pass on any information or references contained herein to any third party legally entitled to receive such information.

For Operator Data, the Client acts as the Data Controller and the Service Provider acts as the Data Processor. The Service Provider acts as Data Controller for the Transport Plus marketing website, sales and waitlist enquiries, and the Passenger App accounts it operates.

As Data Processor, the Service Provider shall:

1. process Personal Data only on documented instructions from the Client;
2. ensure that persons authorised to process Personal Data have committed themselves to confidentiality;
3. implement appropriate technical and organisational security measures;
4. respect the conditions for engaging sub-processors;
5. assist the Client in responding to requests from data subjects;
6. assist the Client in ensuring compliance with its security obligations;
7. delete or return all Personal Data after the end of the provision of the Service, in accordance with this Agreement; and
8. make available to the Client all information necessary to demonstrate compliance with these obligations.

The Service processes the following categories of Personal Data:

1. Driver information, including name, contact details, work schedules, location data, device diagnostics and cash logs;
2. Client and operator User information, including contact details and business information;
3. passenger and, where used, student information, including name, contact details, date of birth, guardians, addresses, trip details and identity documents uploaded by the Client;
4. payment information and payment metadata;
5. location data; and
6. usage data.

The Client grants the Service Provider a general authorisation to engage sub-processors in the provision of the Service. The sub-processors engaged by the Service Provider are those listed in the Service Provider’s Privacy Policy, published on the Transport Plus website and as updated from time to time. The Service Provider shall ensure that each sub-processor is bound by data protection obligations no less protective than those set out in this Agreement, and shall remain liable to the Client for the performance of those obligations.

The Service Provider shall give the Client at least ten (10) Business Days’ notice of any intended addition or replacement of a sub-processor, by updating the Privacy Policy and notifying the Client by email or through the Service. The Client may object to such change on reasonable data protection grounds within that period. Where the Parties cannot resolve the objection in good faith, the Client may terminate the affected part of the Service without penalty by giving written notice to the Service Provider.

The Service Provider implements appropriate technical and organisational measures to protect Personal Data, including:

1. encryption of data at rest and in transit;
2. two-factor authentication;
3. a web application firewall;
4. regular security audits;
5. access control and logging;
6. regular backups; and
7. intrusion detection systems.

The Service Provider shall assist the Client in fulfilling its obligations to respond to requests from data subjects exercising their rights, including:

1. the right of access;
2. the right to rectification;
3. the right to erasure;
4. the right to restriction of processing;
5. the right to data portability;
6. the right to object; and
7. rights related to automated decision-making.

Questions regarding this Agreement may be sent to [email protected]. Support requests may be sent to [email protected]. Data protection questions may be sent to [email protected].

Jett Labs Limited, Level 2A, Centris Business Gateway II, Triq Is-Salib Tal-Mriehel, Birkirkara, CBD 3020, Malta. Company registration number C-97468.