Legal & privacy information for Luas
Transdev Dublin Light Rail Limited (Transdev Ireland)
25 May 2018
This is the Privacy Notice of Transdev Dublin Light Rail Limited (“Transdev Ireland”). It provides information about what personal data (personal information) we collect and use about individuals outside our organisation, including users of our websites (www.luas.ie and www.transdevireland.ie) and about customers of Luas.
Index to Privacy Notice
- About Us
- What is the purpose of this Privacy Notice?
- What is data protection and why are we concerned about it?
- What are the data protection rules?
- What information we hold about you and why
- Basis of our use of your personal information
- If you fail to provide personal information
- Do we need your consent?
- Automated decision-making
- Information about our data processors and other recipients of personal information from Transdev Ireland
- Transferring information outside the EEA
- Data security
- Data retention: how long will you use my information for?
- Please help us to keep your information accurate and up-to-date
- Your rights in connection with personal information
- Our Data Protection Officer
- Right to complain to the Data Protection Commissioner
- Changes to this Privacy Notice
1. About Us
We are Transdev Dublin Light Rail Limited (referred to as “we”, “us”, our” or “Transdev Ireland” in this Privacy Notice). We are the operators of the Luas Light Rail Service in Dublin. We provide the service under contract from the National Transport Authority (“NTA”, see www.nationaltransport.ie) and Transport Infrastructure Ireland (“TII”, see www.tii.ie).
Our contact details are: Transdev Dublin Light Rail Limited, Luas Depot, Red Cow Roundabout, Clondalkin, Dublin 22, D22 C5P3. More information about our functions and services is available on our website at www.luas.ie and on the corporate website at www.transdevireland.ie.
Please read this Privacy Notice in conjunction with our Terms and FAQs relating to Luas Services, and with the Luas Bye-Laws, all available at www.luas.ie.
We have appointed a Data Protection Officer (DPO) to oversee our compliance with data protection rules. More information about our DPO, including contact details, is provided in Section 16.
2. What is the purpose of this Privacy Notice?
Transdev Ireland collects and uses personal data (personal information) about individuals who come in contact with us, for a variety of purposes, including about Luas customers and about app and website users. In circumstances where we are responsible for deciding how we hold and use personal data about individuals, we are a “data controller”.
This Privacy Notice provides information about the personal data that we collect about customers of the Luas Light Rail Service and related services (including Park+Ride services, Luas TaxSaver and the Luas Text Service) (“Luas Services”) and about users of our app and websites (www.luas.ie and www.transdevireland.ie). The Luas Text Service is a service that allows Luas customers and members of the public to discreetly report incidents of anti-social behaviour that they witness on board Luas trams or at Luas stops.
This Privacy Notice also provides information about other personal data that we collect and use about individuals who are external to our business.
As outlined the About Us section above, we operate the Luas Services under contract from the National Transport Authority (“NTA”, see www.nationaltransport.ie) and Transport Infrastructure Ireland (“TII”, see www.tii.ie). We are a data controller of personal information collected on our websites including in relation to Luas Standard Fares and Luas TaxSaver and for the Luas Car Park Payment System, as well as of CCTV footage captured at Luas stops and on Luas trams and in relation to the operation of the Luas Text Alert Service. We provide more information in this Privacy Notice about these data processing activities.
The NTA and TII are the data controllers of certain of the personal information that we process in relation to the Luas Services. In particular, they are responsible for personal information that is collected and used for the purposes of issuing Leap cards and they operate the websites www.leapcard.ie and www.studentleapcard.ie. For example, we process applications for Leap cards, and where we do so, we are data processors of this personal information on behalf of the NTA and TII.
It’s also very important to note that the NTA and TII have certain rights under our contract with them to access Luas customer information and, when the contract between us ends, to have that Luas customer information transferred to them and/or to a succeeding service provider for the Luas.
Where we refer to our data processing activities in this Privacy Notice in relation to the Luas Services, please note that we are also doing so in relation to data processing that we are undertaking for and on behalf of the NTA and TII, as identified above.
The primary data protection legislation that applies to us is the EU General Data Protection Regulation (the GDPR) effective from 25 May 2018, and Irish legislation that supplements the GDPR (being the Data Protection Acts 1988 – 2018 and the ePrivacy Regulations 2011). One of our obligations under the GDPR is to be transparent with you about our collection and use of personal information about individuals.
3. What is data protection and why are we concerned about it?
Data protection law provides rights to individuals with regard to the use of their personal information (personal data) by organisations, including Transdev Ireland. Irish and EU laws on data protectiongovern all activities we engage in with regard to our collection, storage, handling, disclosure and other uses of personal data.
Compliance with the data protection rules is a legal obligation. In addition, our compliance with the data protection rules helps individuals to have confidence in dealing with us and helps us to maintain a positive reputation in relation to how we handle personal information.
The data protection rules that apply to us are contained in the EU General Data Protection Regulation (the GDPR) effective from 25 May 2018, and in Irish legislation that supplements the GDPR (being the Data Protection Acts 1988 – 2018 and the ePrivacy Regulations 2011).
4. What are the data protection rules?
- Collected and used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about, be sufficient (adequate) for those purposes, and be limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
We must also follow rules in relation to who receives personal data from us (see Section 10 below), transferring personal data outside the European Economic Area (EEA) (see Section 11 below) and about individuals rights in relation to their personal data (see Section 15 below).
5. What information we hold about you and why
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 (permanently and irrevocably) removed (anonymous data).
There are "special categories" of more sensitive personal data which require a higher level of protection, such as information about a person's health or about commission of criminal offences, prosecution for criminal offences, criminal convictions and/or sentencing for criminal convictions.
We collect, store, and use the various categories of personal information about Luas customers, app and website users and other individuals who are external to Transdev Ireland (that is, outside our organisation). We have prepared a table (available at the Appendix of this Privacy Notice) which sets out the main categories of personal information we collect about individuals (including but not just Luas customers), why we collect this personal information, our legal basis for collecting and using this personal information, where we got the personal information from and who receives the personal information from us.
6. Basis of our use of your personal information
Transdev Ireland will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:-
- For Luas customers, where we need it in order to fulfil our contact with you and to provide you with information updates about the operation of the services.
- Where we are permitted by relevant legislation to do so in the context of marketing communications.
- For Luas customers and members of the public who complain to us or report incidents to us (e.g. via our website or using the Luas Text Service), to investigate that complaint or incident, and resolve it as best we can. For criminal behaviour that is reported to us, we may refer the report to the Gardaí.
- Where it is necessary in order for us to fulfil our contractual and other legal obligations with the National Transport Authority and/or Transport Infrastructure Ireland.
- Where it is necessary to meet our legal obligations.
- Where it is necessary for the purposes of legal claims or legal proceedings.
- For our legitimate interests, including in relation to security of the Luas, Luas stops and our offices and premises, where these interests are not outweighed by individuals’ rights and interests.
We may also use your personal information in the following situations, which are likely to be unusual:-
- Where we need to protect your vital interests (or someone else’s vital interests), e.g. in an emergency health situation on the Luas.
- Where it is needed in the public interest or for official purposes.
7. If you fail to provide personal information
If you fail to provide certain information when requested by Transdev Ireland, then we may not be able to respond or deal with a request that you have made to us (for example, to deal with a complaint that you have made to us or to subscribe to a service that we provide).
8. Do we need your consent?
Yes, for some uses of your personal information. Please see the table in the Appendix to this Privacy Notice for more information. For some uses that Transdev Ireland makes of the personal information that is described in this Privacy Notice, we do not require your consent. For example, for Luas customers, our collection and use of personal information is mainly based on our contractual obligations.
For marketing communications, we only communicate to individuals who have asked to receive these updates or where we are entitled to rely on “opt-out consent” which are provided for under the rules on direct marketing (for example, for marketing to existing customers who we have transacted with in the previous 12 months or for business-to-business communications).
(Right to withdraw consent) In the circumstances where you may have provided your consent to the collection or use of your personal information for a specific purpose, you have the right to withdraw your consent for that specific use at any time. To withdraw your consent, please contact our Data Protection Officer (DPO) – please see the section below which provides contact details for our DPO (see Section 16 of this Privacy Notice below). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
9. Do we need your consent?
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
- Where we have notified you of the decision and given you 21 days to request reconsideration.
- Where it is necessary to perform a contract with you and appropriate measures are in place to safeguard your rights.
- In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated means, however we will notify affected individuals if this position changes.
10. Information about our data processors and other recipients of personal information from Transdev Ireland
We may share your data with third parties, including our third-party service providers and other recipients. Some of these recipients are our data processors, that is, they can only take and use the personal information that they receive from us strictly only on our instructions and under our control.
Then there are other recipients which are not our data processors, but which are regarded as separate data controllers, with which we interact and share personal information. These separate data controllers include the National Transport Authority and Transport Infrastructure Ireland: these are the public authorities which have contracted us to operate the Luas. It also includes our auditors and solicitors (to the extent that they might need to review our records in order to provide professional services to us) and our payment services provider (to facilitate payments made to us).
We require all our data processors to respect the security of your personal information and to treat it in accordance with the law.
We will share your personal information with these third parties where required by law, or where we have legitimate interest in doing so (for example, to help us to efficiently operate our business).
We may transfer your personal information outside the EU or our data processors may do so.
If this happens, you can expect a similar degree of protection in respect of your personal information.
In the table which is provided in the Appendix to this Privacy Notice, we have outlined the main recipients of personal information from us. These recipients are either our data processors or are separate data controllers.
Also below is a list of our data processors which process personal information on our behalf, and under our control:-
- STT Risk Management, which provides security services in relation to the Luas Services and which can collect and process personal data relating to customer complaints and incidents on the Luas.
- Salesforce, which assists us in managing and storing our customer information.
- Dovetail, which helps us to manage our fare collection system (e.g. recording fare evasion details, fines issued and action taken on non-payment of fares or fare evasion).
- Scheidt & Bachman GmbH, which assists us in providing and maintaining our ticketing machines at Luas stops, including facilitating payments at the ticket machines.
- Neon Communication Solutions (“Neon”), which provides us with the technology to enable texts to be sent, received and reviewed by Luas in relation to the Luas Text Service, and which assists us in processing the text messages received by the Luas Text Service.
- Newsweaver, which assists us in sending e-zines to subscribing Luas customers.
- CCTV Ireland, our CCTV service provider, which provides and manages our CCTV on the Luas and at Luas stops and in our premises.
- Transit9, which provides us with a system that assists us in managing and storing records of incidents experienced on or in the vicinity of the Luas trams, stops or lines. It also assists with processing the text messages received by the Luas Text Service.
- RW Pierce, which assists us in managing our letter communications and in helping us with making refunds.
- Realise4: IT services provider, which assists in managing our websites.
There are other organisations to which we disclose personal information or with which we share personal information. These include:-
- Our auditors and legal advisers, where this is required for the purposes of the professional services which they provide to us.
- Our third party payment services provider, Realex, which processes payments made to us online. Realex is an independent data controller and is PCI-DSS certified. (PCI-DSS is the international standard for payment security.)
- TNS, Payware and Sage which provide secure links for processing payments made to us with credit and debit cards.
All our data processors are required to take appropriate security measures to protect your personal information. We do not allow our data processors to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
You’ll also be aware from using the Luas website (www.luas.ie) that we allow you to link to other websites and services, for example to allow you to register for and obtain Leap cards (at www.leapcard.ie, operated by the National Transport Authority), to allow students to register for and obtain Student Leap cards (at www.studentleapcard.ie, operated by the National Transport Authority) and Park+Ride services (at www.parkbytext.ie and www.ncps.ie, operated by Nationwide Controlled Parking Systems Limited). The NTA and NCPS are separate data controllers to us, and you should refer to their Privacy Notices to understand what personal information they collect about you and how they use it.
11. Transferring information outside the EEA
We may transfer your personal information outside the EEA or our data processors may do so.
However, to ensure that your personal information does receive an adequate level of protection we have put in place the following appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects data protection legislation, for example using contractual arrangements with the recipients of personal information that have been approved by the EU Commission (Standard Contractual Clauses) or transferring to recipients in the USA if they subscribe to the Privacy Shield protection mechanism for personal information. If you require further information about these issues, please contact our DPO (see Section 16 below).
12. Data security
We have put in place measures to protect the security of your personal information.
Our third-party service providers (data processors) will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach (including personal data breach) and will notify you and any applicable regulator of a suspected personal data breach where we are legally required to do so.
13. Data retention: how long will you use my information for?
We will only retain your personal information 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 any specific legal obligations that apply to us to retain personal information or records which might contain personal information.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention schedule (or based on applicable laws and regulations where these override our nominated retention period).
We may retain your personal information longer than our nominated retention period where we need it in order to make or defend legal claims, and if this happens, we will retain the personal information for as long as it takes to finally resolve or have determined the legal claim or the relevant legal proceedings.
Please see the table at the Appendix to this Privacy Notice for more information on the retention periods that we use for the categories of personal information that we collect and use.
14. Please help us to keep your information accurate and up-to-date
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. You can do so by contacting our Data Protection Officer (DPO) – see Section 16 of this Privacy Notice.
15. Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party in a structured and commonly-used format (also known as data portability).
(How to make requests to us to exercise your rights) If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Data Protection Officer (DPO) in writing (see Section 16 of this Privacy Notice below).
(No fee usually required) You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the personal information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information 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 in order to speed up our response.
(Time limit for us to respond to requests) We try to respond to all legitimate requests within one month of receiving them. (One month is the specified time limit for response under the GDPR.) Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated about our timing for response.
16. Our Data Protection Officer
We have appointed a Data Protection Officer (DPO) to oversee compliance with this Privacy Notice and generally with our obligations under the data protection rules. If you have any questions about this Privacy Notice or how we handle your personal information, please contact the DPO at our office address (Transdev Dublin Light Rail Limited, Luas Depot, Red Cow Roundabout, Clondalkin, Dublin 22, D22 C5P3) or by email at firstname.lastname@example.org.
17. Right to complain to the Data Protection Commissioner
If you have any issues about our handling of your personal information or about our data protection compliance, you have the right to make a complaint at any time to the Data Protection Commission (DPC), which is the Irish supervisory authority for data protection legislation (including under the GDPR).
18. Changes to this Privacy Notice
We reserve the right to update this Privacy Notice at any time, and we will provide you with a new Privacy Notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.