🛡 Updates to FAIRTIQ’s Terms & Conditions and Privacy Notice

The main changes to the GTC

Extension of the GTC to cover new and more flexible ways of using the app, particularly FAIRTIQ Go / BiBo

• The GTC have been updated to reflect the ongoing development of the FAIRTIQ app. 
• In addition to the traditional check-in/check-out process, other ways of using the app, particularly BiBo/FAIRTIQ Go, are now also covered.
• This provides a transparent basis for pilot projects, regional availability and future rollouts of new app features.

Clearer rules on the availability of individual features

• The GTC clarify that individual app features or modes of use may be activated, restricted or deactivated depending on the region, partner, fare regulations, technical availability or test phase.
• This gives partners and FAIRTIQ greater flexibility when introducing new features.

Clarifications regarding misuse prevention and account blocking

• The existing provisions on account blocking and misuse prevention have been updated so that cases of misuse can be taken into account across different ticketing solutions operated by FAIRTIQ.

 

The most relevant updates to the Privacy Policy

Additions relating to BiBo / FAIRTIQ Go and automatic journey detection

• The Privacy Policy has been expanded to provide greater transparency about data processing in connection with FAIRTIQ Go and automatic journey detection.
• Of particular relevance is the clarification that certain signals are initially processed locally on the device to determine whether a public transport journey may be starting or taking place. If no public transport journey is detected, the locally processed data is deleted after a short period and is not transmitted to the FAIRTIQ backend. If a possible public transport journey is detected, additional location and journey data may be transmitted to FAIRTIQ.
• It is also explained that automatic journey detection is based on technical signals and probability assessments and may be inaccurate in individual cases.

Clarified legal bases for new data-processing activities

• The legal bases have been supplemented, particularly for the processing of location and Bluetooth beacon data prior to use, as well as for the local processing of motion sensor data and Bluetooth beacon signals for automatic journey detection.

Extended misuse prevention and device integrity checks

• The Privacy Policy now explains in greater detail that technical security identifiers, device information, device-related risk scores and Apple DeviceCheck information may be used to prevent misuse.
• Users who are excluded from using the service will also be blocked across all relevant services. This means that they will no longer be able to travel using other In/Out solutions operated by FAIRTIQ. Previously, this was limited to Switzerland; it now applies in all regions where the FAIRTIQ app can be used.

Automated decision-making and profiling

• The section on automated processes has been updated and the corresponding data processing is described more transparently.

Data retention and minimisation

• The data retention and deletion rules have been clarified. 
• Of particular relevance is the new rule stating that locally processed motion sensor data and Bluetooth beacon signals are deleted if no public transport journey is detected.

Other legally relevant updates

• Additional data protection topics have also been clarified, including Apple DeviceCheck, tracking pixels in electronic communications, PostHog, data subject rights, international data transfers and the legal basis for processing special categories of data in connection with discounts for recognised disabilities.

Key changes to the Terms & Conditions

• A clear explanation of who does what between FAIRTIQ and our transport partners, and how the travel contract is created in the app.
  👉🏻 Chapters: I. Provisions to be Applied; II.B Using the application; III.F.3 “Check-in and check-out”.
• Easy instructions for check-in, check-out, and Smart Stop, plus steps to take if a technical problem occurs.
  👉🏻 Chapters: III.F.3 “Check-in and check-out”; III.F.4 “Smart Stop”.
• Clearer information on fare calculation and optimisation, buying multiple tickets (for other passengers, dogs, or bicycles), and registering subscriptions.
  👉🏻 Chapters: III.K “Price calculation and optimisation”; III.A.2 “Electronic tickets for other passengers, dogs and bicycles”; III.L “Registration of subscriptions”; III.F.2 “Specific conditions”.
• Updated sections on applicable law, place of jurisdiction, and consumer dispute resolution (ADR) where needed.
  👉🏻 Chapters: VII “Applicable Law and Place of Jurisdiction”; VIII “Alternative Dispute Resolution (ADR) and Guarantee of Passenger Rights”.
• Improved wording and updated links to our help pages and the latest GTC.

The most important changes in the Privacy Notice

• Clearer description of processing and sharing personal data based on your explicit consent.
  👉🏻 Chapters: E & I
• Clearer definition of when we may contact you.
  👉🏻 Chapter: K

What’s new:

1. Smarter app experience – only with your consent

   To optimise how the app works for you and make it easier to use, we would like to analyse how the app is used – only with your explicit consent. This helps us understand which features are most helpful, where we can simplify interactions, and how we can make your experience even smoother.

   • Privacy-friendly: Data is collected in a pseudonymised form. We cannot personally identify you.
   • Voluntary and transparent: We will explicitly ask for your consent. You don’t want to participate anymore? No problem – your decision is voluntary and can be withdrawn at any time.
   • Secure processing: All analytics data is processed within Europe (EU/EFTA).

2. Enhanced protection – in the background

   We are adding an additional security layer to better protect the FAIRTIQ app from malicious attacks such as DDoS (Distributed Denial of Service).

   • This runs quietly in the background and does not affect your use of the app.
   • All data is processed within Europe (EU).

3. Support for inclusive fares

   To ensure we can offer the correct ticket to all users, including those who are eligible for special fare types (e.g. reduced fares for people with disabilities), we process this information only when you select such a ticket.

   • These specific fare options are currently available only in Linz (Austria) and Zlín (Czech Republic).
   • The choice is entirely yours – we only store that you selected a specific fare type.
   • This ensures we comply with regional fare rules and can offer you the best option.

Update regarding hCaptcha

To improve the security and stability of the FAIRTIQ app, we have introduced hCaptcha. This CAPTCHA service helps prevent automated misuse of our services.

• Section F (Legal basis): Now includes the legal basis for data processing with hCaptcha in accordance with the GDPR.
• Section I (Data sharing): Describes how hCaptcha works and how it is used in the app.

Key changes to the terms & conditions

Your FAIRTIQ account belongs to you.

Your account is personal and cannot be shared or transferred to others. If someone doesn’t have a FAIRTIQ account yet, they can easily create their own. However, you can travel with companions using your account.

Better safe than sorry

FAIRTIQ works closely with transport companies and authorities to ensure fair and secure use of the app. This includes monitoring potential misuse. In cases of justified suspicion, the affected user may be added to an internal register.

Fair usage for everyone

To ensure accurate pricing and smooth app performance, the app must have continuous access to your location data throughout your journey, from start to finish. Deliberately blocking or tampering with location data is not permitted.

For transparency and fraud prevention, we may, in certain cases, request a copy of the public transport subscription stored in your app. This helps us ensure a fair experience for all users.

Note: These measures are necessary to maintain the fair and secure operation of the app and to prevent misuse, in line with transport company and authority regulations.

Key changes to the privacy policy

New account creation options

You’ll soon have more ways to sign up and log in to FAIRTIQ, either via Social Login (Google or Apple) or the traditional method using your email and password. If you already have a FAIRTIQ account, nothing changes for you. You can continue using your current login method as usual.

Transparency in data sharing

We prioritize transparency and data protection. Our systems undergo regular audits to ensure compliance with legal requirements. In this context, auditors and consultants may be granted limited access to certain data to perform their duties.

In Switzerland, if fraud is confirmed, the affected account will be blocked across all FAIRTIQ-operated systems. In such cases, we may share data with our Swiss partners and add the account to a register.

Changes to data retention

To enhance data protection, we are reducing the retention period for location data that is not linked to public transport trips to two months.

Additionally, we’ve introduced change and deletion logs, which are securely stored in compliance with privacy regulations.

The most important changes:

Terms & Conditions

• Activation of PayPal as a payment method in Germany and Austria directly through our payment provider Adyen. All PayPal payments in Germany and Austria are processed through our subsidiary FAIRTIQ Germany. → See Section III E.
• Reminder: During ticket inspections, you must present a valid identity document. → Added in Section III G 2.

Privacy Notice

• Testing of an AI-supported customer service to reduce processing times for standard requests. → See Section G.
• Confirmation that all public transport tickets in Switzerland are priced via the central distribution platform NOVA. When the SwissPass is registered in the app, NOVA automatically takes your subscriptions into account. → See Section I.
• Update on data processing locations and data transfers to the USA, in accordance with the adequacy decision of the EU Commission. → See Section R.