PRIVACY POLICY AND TERMS AND CONDITIONS FOR THE USE OF IOS AND ANDROID MOBILE APPLICATIONS (APPS)
Date of last update: June 6, 2023
Tornado Bus Company (hereinafter the “Company”) informs the users of the application _______________________ (hereinafter the “Application”), about the treatment of personal data, which they have voluntarily provided during the process of registration, access and use of the bus ticket sales service provided through the same in terms of these policies or privacy notice (hereinafter the “Policies”).
1. IDENTIFICATION OF THE CONTROLLER AND RESPONSIBLE FOR THE PROCESSING OF DATA.
The Company which is duly incorporated under the laws of Texas with address for notification purposes at: 8630 E R L Thornton Fwy, Dallas, Texas, United States of America is the controller or the entity responsible for the processing of data provided by customers or users of the Application (hereinafter, the “User(s)”).
2. PURPOSE OF DATA PROCESSING.
To proceed with the registration, access and subsequent use of the Application, the User must provide -on a voluntary basis-, personal data (essentially, identification and contact), which will be incorporated into automated media owned by the Company. The collection, storage, processing, modification, structuring and, where appropriate, disposal of the data provided by the Users will be carried out in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility and will constitute processing operations carried out by the Company, in order to ensure the proper functioning of the Application, as well as to maintain the service provision and/or commercial relationship with the User, for the management, administration, information, provision and improvement of the service. The primary purposes that gave rise to and are necessary for the existence, maintenance and fulfillment of the legal relationship between the User and the Company, including but not limited to the following:
• Identification and contact.
• Contracting, monitoring, updating, confirmation and generation of history of the products and / or services contracted.
• Creation, updating, personalization, maintenance and authentication of the user account within the Application.
• Attention to doubts, complaints, comments, suggestions, clarifications and follow-up on them.
In order to comply with the purposes mentioned in these Policies, the User may be required to provide to the Company with the following Personal Data, among others: name, email, address and/or telephone number.
3. LEGITIMACY.
The processing of the User’s data is carried out with the following legal bases that legitimize the same:
• The request for information and/or the contracting of the services of the Application, whose terms and conditions will be made available to the User in any case, previously, for their express acceptance, with the marking of the corresponding box.
• The free, specific, informed and unequivocal consent of the User, making available to him/her the present Privacy Policies, which he/she must accept by means of a statement or a clear affirmative action, such as the marking of a box provided for this purpose.
In the event that the User does not provide the Company with his/her data, or does so erroneously or incompletely, it will not be possible to proceed with the use of the Application.
4. CONSERVATION AND TREATMENT OF PERSONAL DATA.
The personal data provided by the User will be kept in the systems and databases of the Company for as long as the User continues to use the Application, and as long as the User does not request its disposal.
The Company will store in its systems the personal data it collects in a form that allows it to identify the User for the time necessary for the purposes for which the data was collected or for which it is further processed, so that, for such purposes, the data will be retained for a minimum period of five (5) years. This specific period of time was determined taking into account:
• The need to keep the personal data collected stored in order to be able to provide services established with the User;
• To safeguard a legitimate interest of the data of the Company as described in the purposes mentioned above;
• The existence of specific legal obligations that make the processing and related storage necessary for a specific period of time;
By accepting the present Policies, User will take into account that the Company may need to keep certain information to maintain records, by legal obligation, to resolve disputes and to enforce any agreement or contract entered into with a third-party. The User shall take into account that it is not always possible to completely remove or delete all of his or her information from our databases without some residual data remaining due to backups and other reasons, so some information will remain in the Company’s databases for practical reasons despite reasonable efforts to purge it.
We inform that the User’s personal data will be safeguarded under strict administrative, technical and physical security measures in order to protect and guarantee the User’s personal data against damage, loss, alteration, accidental or illegal destruction or unauthorized use, access or treatment.
However, User is aware that data transmissions over the Internet are never 100% secure or error-free. Consequently, the Company does not guarantee the security, precision or accuracy of personal information that manages.
5. RECIPIENTS.
The data will not be communicated to any third party other than the Company, except to its affiliates, subsidiaries and/or companies of the same group of the Company and/or unless it has a legal obligation or requirement to comply, in any case, the Company will try to give notice to the User.
On the other hand, the Company may give access to or transmit the personal data provided by the User to third party service providers, with whom it has signed data processing agreements, and who only access such information to provide a service for and on behalf of the Company.
Likewise, User is aware that the use of the Application may contain links and/or hyperlinks to third party websites, as is the case of “Pay Near Me”, platform to make electronic payments for contracted services by User or other similar platform with which the Company reaches an agreement for electronic payments. User agrees that such linked websites are not under the control of the Company, so it shall not be responsible for the content or privacy practices of the websites that are linked to or from the Application, as well as for the disclosure that the User makes with respect to their personal data through the third party websites above mentioned. Users are advised to be careful and responsible about the personal information they provide on such sites.
6. DATA OF UNDERAGE/MINOR PERSONS.
The Company does not collect or process personal data of underage users, so User acknowledges that at the time of providing their data they are of legal age, have full legal capacity and have read these Policies. In the event that, as an exception, personal data of minors or persons with natural or legal incapacity established by law, such as name and age, is collected and processed, such data will be collected or processed with the prior consent of the person exercising parental authority, or guardianship or legal representation, in accordance with applicable laws.
If the Company identifies that a minor or person with natural or legal incapacity has provided his/her personal data without the consent of the person exercising his/her parental authority or his/her guardian or legal representative, or that, due to human or technical error, personal data of minors or persons with natural or legal incapacity have been collected, such personal data will be deleted from the databases containing them as soon as the Company becomes aware of it.
7. DATA RETENTION.
The Company informs User that, as a data hosting service provider and in accordance with the provisions of the applicable legislation, it retains the information necessary to identify the origin of the hosted data and the time at which the service was initiated.
The retention of this data does not affect the secrecy of communications and may only be used in the context of a criminal investigation or to safeguard public safety, being made available to judges and/or courts that so require.
The communication of data to others will be made in accordance with the provisions of the regulations on the protection of personal data, and with the utmost respect for the same.
8. PROTECTION OF THE HOSTED INFORMATION.
The Company as the controller and responsible of processing of data takes the necessary measures to ensure the security, integrity and confidentiality of the data in accordance with the applicable legislation on the protection of individuals with regard to the processing of personal data and the free transfer thereof.
Although the Company, makes backup copies of the contents hosted on its servers, however, is not responsible for the loss or accidental deletion of data by Users.
The Company shall not be liable for failures in the computer equipment, communication equipment, electric power supply, telephone lines, Internet network, nor for technical failures, human errors, computer viruses or any other malicious programs or schemes that may cause loss of information, theft or identity theft or business interruption; or actions of third parties that may disrupt the normal development and use of the Application.
9. EXERCISE OF RIGHTS.
The Company informs User that he/she is entitled to the rights of access, rectification, limitation, suppression, opposition and portability, which may be exercised by sending a request to the e-mail address: _____________________________ or to the telephone number _______________, during customer service hours from 9:00 to 19:00 hours from Monday to Saturday.
Likewise, User has the right to revoke the consent initially granted to the Company as controller in the processing of data in the same way in which he/she gave his/her consent.
10. COMMERCIAL COMMUNICATIONS BY ELECTRONIC MEANS.
The Company will not send advertising or promotional communications by e-mail or other equivalent means of electronic communication that have not been previously requested or expressly authorized by the recipients thereof.
11. MODIFICATIONS TO THE PRESENT POLICIES.
The Company has the right to make changes or updates to these Policies at any time, in order to comply with any legislation or jurisprudence updates, internal policies or new requirements for the provision or offering of its services through the Application, in which case, the changes will be notified through the same Application.
12. GOVERNING LAW AND ARBITRATION.
These Policies shall be construed in accordance with the law of the State of Texas, United States of America and in the event of a dispute, shall be resolved by arbitration in accordance with the rules and administration of the American Arbitration Association (AAA).
I have read the present Policies and I give my consent to the processing of my Data in terms of the same for the use of the Application in its iOS and Android version.
