Black Box Feature: Combined Terms of Use, Privacy Notice and Explicit Consent Agreement

• Document version: 2026-11-02
• Effective: the date it is presented for approval in the Hopy apps and accepted (Article 26)
• Last updated: 2 November 2026

Article 1: Parties and definitions

1.1. Company. One of the parties to this agreement is Orbit Helm (a company being incorporated in England and Wales; its registration details will be added to this text once it is incorporated), hereinafter referred to as the "Company". Company details:

• Registered name: Orbit Helm (being incorporated)
• Company registration number (Companies House): To be added once the company is incorporated
• Registered office address: To be added once the company is incorporated
• Contact address: account@orbithelm.com
• Data protection contact address: privacy@orbithelm.com
• Website: https://orbithelm.com

These details will be updated once the company's incorporation and registration are complete.

1.2. User. A natural person who uses or provides ride services through the app.

1.3. Driver. A person who carries passengers or provides ride services through the app.

1.4. Lead Passenger. The person who creates the booking or ride request and takes on organising the ride for the people travelling with them under the same booking.

1.5. Accompanying Passengers. The other people travelling with the Lead Passenger under the same booking or ride. These people may or may not have an app account; they may be adults or minors.

1.6. Black Box. An optional safety feature that, when the necessary legal conditions are met, records the sounds inside the vehicle during a ride, encrypts the recordings and, under certain conditions, makes them accessible for complaint or review purposes.

1.7. Personal Data. Any information relating to an identified or identifiable natural person.

1.8. Explicit Consent. Consent relating to a specific matter, based on information and given of free will. Explicit consent is obtained only to the extent required under applicable legislation and under valid conditions.

Article 2: Purpose and scope of the agreement

2.1. The purpose of this agreement is to set out the terms of use of the Black Box feature, the rules on taking and processing audio recordings, users' responsibilities, the information on the protection of personal data and, where required, the explicit consent process.

2.2. The Black Box feature is optional. Not using the feature does not, on its own, prevent the user from using the app's other services.

2.3. The Black Box is designed to help assess safety incidents, complaints, threats, harassment allegations, disputes and similar events reported to have occurred during a ride.

2.4. The Black Box feature does not replace emergency services, law enforcement or other competent authorities. The feature may not work, or an event may not be recorded.

2.5. This agreement supplements the app's general terms of use and other related legal documents. No provision may be interpreted in a way that removes rights guaranteed by applicable legislation.

Article 3: How the Black Box feature works

3.1. A Black Box recording can be started only in the vehicles of drivers who have turned the feature on, and on rides where the necessary conditions are met.

3.2. For a recording to start, all of the following conditions must be met together:

1. The driver has turned on the Black Box feature.
2. The driver has approved the current version of the relevant text.
3. The passenger who holds the app account has given the necessary approval.
4. The necessary information and legal conditions have been met for the other people in the vehicle.
5. Where the consent of the people concerned is required, valid consent has been obtained.
6. The app technically verifies these conditions.

3.3. If any of the necessary conditions is not met, the recording is not started. If the necessary legal conditions cease to apply while a recording is in progress, the recording is stopped or another measure in line with the relevant legal requirements is applied.

3.4. The recording starts when the ride starts and stops when the ride ends.

3.5. While the recording is in progress, the driver's phone shows a notification that recording is active.

3.6. No video is recorded under the Black Box. The scope of the feature is limited to the audio recording and the related technical processing information set out in this agreement.

3.7. The driver's or the passenger's approval does not replace the necessary consent of the other people in the vehicle.

Article 4: The Lead Passenger's responsibility for the people travelling with them

4.1. The person who creates the booking is treated as the Lead Passenger for that booking.

4.2. The Lead Passenger is responsible for making sure the accompanying passengers are informed about the Black Box feature before the ride starts.

4.3. The Lead Passenger must inform the people travelling with them about the purpose of the audio recording, the recording conditions, the retention period, the possibility of review if a complaint is made, and how to access the relevant privacy text.

4.4. The Lead Passenger is responsible for making sure the accompanying passengers complete the necessary information and approval processes.

4.5. This responsibility of the Lead Passenger does not replace the explicit consent that accompanying adults must give on their own behalf. Where an adult's own consent is required, that person's consent must be obtained separately.

4.6. The fact that accompanying passengers do not have an app account does not remove their rights regarding the protection of their personal data.

4.7. For passengers who are minors, the necessary information and the representative's approval must be provided taking into account the child's age, level of understanding, the authority to represent them and applicable legislation.

4.8. Merely having created the booking does not, by itself, make the Lead Passenger a parent or legal representative.

4.9. The Lead Passenger accepts that the Black Box recording must not be started where the necessary approvals cannot be obtained or their validity cannot be verified.

4.10. The Lead Passenger's obligations under this article do not remove the Company's obligations to process personal data lawfully, to protect the rights of the people concerned and to ensure data security.

4.11. An in-vehicle information sticker can support the duty to inform; however, it does not replace personal consent where that is required.

4.12. When a recorded ride starts and there is anyone in the vehicle other than the Lead Passenger, the driver or the Lead Passenger, while the recording is running, reads aloud to the accompanying passengers the information text shown in the app and asks whether they agree to be recorded. For passengers who are minors, agreement is asked of the parent or legal representative with them.

4.13. The spoken information and the answers given are captured in the recording as proof that the information was given. The driver marks in the app the situation of the people in the vehicle and whether everyone agreed; this marking is recorded together with its date and time.

4.14. If any of the accompanying passengers does not agree, or if the situation of the people in the vehicle is not marked in the app within three minutes of the recording starting, the recording is stopped and the rest of the ride is not recorded. The part captured before it was stopped is kept and deleted under the same rules as other recordings, as the record of the information given and the answer received.

Article 5: Personal data processed

5.1. Under the Black Box feature, provided there is a legally valid condition for processing, the following categories of data may be processed:

1. Audio data: Sounds and conversations captured inside the vehicle through the microphone during the ride.
2. Ride information: The start and end time of the ride, the ride identifier, and information that can be linked to the relevant driver and ride account.
3. Approval information: The approval status, the date and time of approval, the version of the text approved, and information on withdrawal of approval.
4. Complaint and review information: The subject of the complaint, the ride concerned, the review process and the information obtained as a result of the review.
5. Technical and security information: The status of the recording process, encryption and transfer information, access logs and other technical data needed to ensure security.

5.2. Special categories of personal data may incidentally appear in the content of audio recordings. Processing such data is subject to the additional conditions set out in the relevant legislation.

5.3. The Company aims to prevent the collection of unnecessary personal data under the Black Box feature and to keep the data processed limited to the specified purposes.

Article 6: Purposes of processing personal data

6.1. Personal data may be processed for the following purposes, provided there is a legally valid condition for processing:

1. Investigating safety incidents reported during a ride.
2. Assessing complaints made by drivers, passengers or third parties.
3. Helping to clarify threats, harassment, disturbance, disputes or similar events alleged to have occurred during a ride.
4. Supporting the safety of the app and its users.
5. Preventing unauthorised access to recordings.
6. Ensuring that review activities can be audited.
7. Establishing, exercising or protecting rights to the extent legally necessary.

6.2. Black Box recordings may not be used for advertising, marketing, general user profiling or surveillance beyond their purpose unless a separate valid legal basis is established.

6.3. If recordings are planned to be used for a new purpose, the legal basis for that processing and the necessary information or consent processes are assessed separately.

Article 7: Information and explicit consent

7.1. The Company informs the people whose personal data is processed under the Black Box about the matters required by applicable legislation.

7.2. The duty to inform and explicit consent are separate obligations. Providing the privacy notice does not replace explicit consent that must be obtained separately where required.

7.3. Explicit consent must relate to a specific matter, be based on information and be given of free will.

7.4. The explicit consent box must not be pre-ticked. The user's choice must be recorded together with the date and time and linked to the version of the relevant text.

7.5. Not giving explicit consent is not, on its own, grounds for preventing use of the app's other services.

7.6. Explicit consent can be withdrawn through the app's account settings or another suitable method offered to the user.

7.7. Withdrawing explicit consent does not by itself make processing lawfully carried out before the date of withdrawal unlawful. However, there must be a valid legal reason for past recordings to be kept and to continue to be used.

7.8. When a new version of the text is published, it is assessed, according to the nature of the change, whether new information or explicit consent needs to be obtained. Where necessary, the relevant recording is not started until approval has been obtained for the new version.

Article 8: Encryption and data security

8.1. Audio recordings are encrypted on the driver's phone during recording.

8.2. The key needed for decryption is held in protected systems within the Company's server infrastructure.

8.3. By design, the driver cannot listen to the encrypted recordings directly on the phone.

8.4. To keep recordings secure, the Company applies access control, authorisation, encryption, access logging and similar technical and administrative measures.

8.5. Encryption cannot be interpreted as a guarantee of absolute security. While the Company applies reasonable and appropriate security measures, it does not undertake that all technical risks will be completely eliminated.

8.6. The decryption needed to listen to recordings is subject to authorisation and access control mechanisms.

Article 9: Storing recordings on the phone

9.1. Encrypted audio recordings are kept on the driver's device for a maximum of seven days by default.

9.2. Depending on technical settings, the retention period can be set between one and thirty days. The actual period used in the app must be consistent with the information given to the user.

9.3. When the retention period on the phone ends, the recordings are queued for deletion from the device.

9.4. Suitable error-handling mechanisms are put in place for situations such as the device staying offline, a technical fault, the app being uninstalled or deletion failing.

9.5. The presence of an encrypted recording on the phone does not mean that recordings can be kept indefinitely.

Article 10: Transfer to and storage on the server

10.1. Recordings are not routinely transferred to the server for every ride.

10.2. Encrypted recordings may be transferred to the server, limited to the necessary and relevant scope, when a complaint is opened about the ride concerned or the Company starts an authorised review process.

10.3. The planned maximum retention period for recordings transferred to the server is ninety days.

10.4. The ninety-day period does not mean that every recording must necessarily be kept for the whole of that period. If keeping recordings for a shorter period is sufficient and there is no other legal reason for retention, earlier deletion is considered.

10.5. If certain recordings need to be preserved because of a legal dispute, a valid preservation obligation or a lawful request from a competent authority, a documented exception may be applied only to the recordings concerned and for the necessary period.

10.6. Retention exceptions do not create a right to unlimited retention. The reason for the exception, its scope and the date for its reassessment are recorded.

Article 11: Access to and review of recordings

11.1. Recordings may only be reviewed by staff authorised by the Company whose duties require access.

11.2. There must be a valid complaint, a documented need for review or another legal reason for a recording to be reviewed.

11.3. For each listening, the following information is recorded to the extent technically possible and appropriate:

1. The identity of the authorised person who accessed it.
2. The date and time of access.
3. The identifier of the recording or ride concerned.
4. The reason for access.
5. The part of the recording accessed and the action taken.

11.4. Unauthorised persons are prohibited from accessing, listening to, copying or sharing recordings.

11.5. Review is kept limited to the specified purpose. Listening to or copying unnecessary parts of recordings is avoided.

11.6. Exporting recordings or passing them to third parties requires separate authorisation and a record of the action.

11.7. Information obtained from a review is assessed taking into account the scope, integrity and context of the recording. An audio recording on its own does not have to be accepted in every case as conclusive and complete evidence of an event.

Article 12: Sharing recordings with third parties

12.1. Recordings may be shared with third parties only where there is a valid legal reason and the sharing is kept limited to the necessary scope.

12.2. In this context, the following situations may be considered:

1. Fulfilling legal obligations.
2. Meeting a lawful request from a competent court or public authority.
3. Actions that are necessary and legally permitted to establish, exercise or protect the rights of the person concerned.
4. Processing carried out by providers offering data processing services on the Company's behalf under the necessary contractual and security measures.

12.3. Before recordings are shared, the identity and authority of the requester, the legal basis of the request and the scope of the data requested are assessed.

12.4. Recordings are not shared automatically merely because a request has been received.

12.5. Sharing is recorded to the extent possible and as required by applicable legislation.

Article 13: Users' requests for a copy of a recording

13.1. Under applicable legislation, users may have the right to access, or request a copy of, personal data relating to them.

13.2. When assessing a request for a copy of a recording, the identity of the requester, the scope of the request and its connection to the recording concerned are verified.

13.3. If the recording contains other people's voices, personal data or private conversations, those people's rights and freedoms are also taken into account.

13.4. Where necessary, providing the relevant parts instead of the whole recording, protecting other people's information, or using another suitable method may be considered.

13.5. Requests are concluded within the time limits and procedures set out in applicable legislation.

13.6. Where legally permitted, a request may be refused in whole or in part. In that case, the necessary explanation is given to the person concerned.

Article 14: Requests from official authorities

14.1. Requests for recordings from courts, law enforcement or other public authorities are assessed individually.

14.2. The Company seeks to verify the requester's authority, the legal basis of the request, its scope and any time limits that apply.

14.3. Only data that is legally necessary and falls within the scope of the valid request is shared.

14.4. If the legal basis of the request or the requester's authority cannot be verified, no recording is shared without an appropriate legal assessment.

14.5. If a legal preservation obligation arises, the deletion of the recordings concerned may be temporarily suspended. This is kept limited to the recordings concerned and the necessary period.

14.6. If there is a legal obligation to keep the request confidential or not to notify the person concerned, that obligation is complied with. Otherwise, whether notification is required is assessed according to the circumstances of the specific case.

Article 15: Deletion and destruction of recordings

15.1. When the relevant retention period ends or the need for retention no longer exists, recordings are deleted or irreversibly destroyed in line with applicable legislation and the Company's retention policy.

15.2. Separate deletion processes apply to phone and server recordings.

15.3. Suitable deletion and retention rules are also set for recordings held in backup systems.

15.4. If deletion cannot be carried out because of a technical problem, the situation is assessed and suitable corrective action is taken.

15.5. Deleting recordings does not in every case require the related access audit logs to be deleted at the same time. The retention period and purpose of access audit logs are set separately.

15.6. Recordings subject to a legal preservation exception are reassessed when the exception ends.

Article 16: Withdrawing approval and its effect on recordings

16.1. Users can withdraw their explicit consent for the Black Box feature through the account settings in the app or other suitable methods offered to them. This can also be done from the Privacy and data page.

16.2. Drivers can also turn off the recording feature through the driver app settings offered to them.

16.3. Once approval is withdrawn, recording is not started on future rides.

16.4. If the necessary consent is withdrawn or other legal conditions cease to apply while a recording is in progress, the recording is stopped or action is taken in line with the relevant legal requirements.

16.5. There must be a valid legal basis for keeping, deleting or continuing to use recordings already made.

16.6. Withdrawing approval does not by itself make earlier processing unlawful. However, the Company cannot keep past recordings indefinitely as a matter of course despite consent having been withdrawn.

16.7. Deletion requests are assessed under applicable legislation and any valid legal retention obligations.

Article 17: Storage in the United Kingdom and international data transfer

17.1. Under the current infrastructure design, Black Box recordings may be stored on servers located in London, United Kingdom.

17.2. Transferring personal data relating to users in Türkiye to the United Kingdom, or making it accessible there, is assessed under applicable data protection legislation.

17.3. The Company is responsible for determining the legal basis for the data transfer, the parties' roles as data controller or data processor, and the necessary safeguards.

17.4. Where necessary, the relevant standard contracts, appropriate safeguards or other transfer mechanisms provided for in legislation are considered.

17.5. The user's approval of this agreement does not replace any legal mechanisms that may be separately required for transferring data abroad.

17.6. Where data processor service providers are used, their access and processing activities are limited by appropriate contractual and technical measures.

Article 18: Identity of the data controller and data processing relationships

18.1. The data controller is Orbit Helm (a company being incorporated in England and Wales; its registration details will be added to this text once it is incorporated); the Company's status as data controller and the roles of any other companies or service providers are determined taking into account the actual processing activities and applicable legislation.

18.2. Providers offering data processing services act only within the tasks and instructions given to them.

18.3. The Company applies the necessary contractual and technical security measures in its relationships with data processors.

18.4. The Company operating in more than one country does not mean that the same data protection rules apply in every case. The location of the people concerned, the country where the service is provided and the nature of the processing are taken into account.

Article 19: Rights of the people concerned

19.1. Under applicable legislation, depending on the circumstances of the specific case, the people concerned may have the right to:

1. Find out whether their personal data is being processed,
2. Request information about it if it has been processed,
3. Find out the purpose of processing and whether the data is used in line with that purpose,
4. Ask for their personal data to be corrected or deleted to the extent legally possible,
5. Withdraw their explicit consent,
6. Exercise their other legal rights relating to the processing of their personal data.

19.2. Applications can be sent to: privacy@orbithelm.com

19.3. Applications are assessed within the procedures and time limits set out in applicable legislation.

19.4. The exercise of these rights is assessed taking into account other people's rights and freedoms and valid legal retention obligations.

Article 20: Data security breaches

20.1. When unauthorised access, recordings being sent to the wrong person, loss, disclosure or a similar incident is detected, the security and data protection procedures set by the Company are applied.

20.2. The scope and effects of the incident and the notification obligations under applicable legislation are assessed.

20.3. Where necessary, the people concerned and the competent authorities are notified.

20.4. The Company takes suitable corrective measures to prevent security breaches from happening again.

Article 21: Technical interruptions and the limits of the feature

21.1. The Black Box feature may not work because of device faults, connection problems, software errors or other technical reasons.

21.2. The Company does not give an absolute guarantee that every ride will be recorded without interruption or that every event will be captured.

21.3. The Black Box does not mean that competent authorities are automatically notified in an emergency. Unless such a feature is separately developed and announced, users must contact the relevant emergency services in an emergency.

21.4. A technical interruption does not remove the Company's obligations under applicable legislation.

Article 22: Changes to the agreement

22.1. The Company may make changes to how the Black Box feature works or to the related legal texts.

22.2. Changes are notified to the user according to their nature.

22.3. If a change requires new explicit consent, the necessary consent is obtained again on the basis of the current text.

22.4. A user's approval of a previous version is not automatically treated as valid for new processing whose scope changes significantly.

22.5. If the new text is not approved, the Black Box feature is turned off for the user or ride concerned because the necessary conditions are not met. This does not, on its own, prevent use of the app's other services.

Article 23: Governing law and disputes

23.1. This agreement is interpreted taking into account applicable mandatory legal rules and the relevant consumer, contract and data protection legislation.

23.2. For personal data processing relating to users in Türkiye, the Personal Data Protection Law No. 6698 (KVKK) and related regulations are taken into account to the extent applicable.

23.3. For the United Kingdom, applicable data protection legislation and related regulations are also taken into account.

23.4. No provision of this agreement removes the mandatory statutory rights of the people concerned or creates any authority or limitation of liability contrary to mandatory legal rules.

23.5. The competent courts and routes of application for resolving disputes are determined according to the legislation applicable to the specific case.

Article 24: Explicit consent statement

This statement is offered in the app as a choice separate from the information provisions.

I confirm that I have read the explanations in this agreement on the processing of personal data relating to the Black Box feature, and that I have been informed about the conditions under which audio recordings may be made, how they will be encrypted, when they may be transferred to the server, how long they may be kept and the conditions under which they may be reviewed by authorised persons.

I give my explicit consent, to the extent required under applicable legislation, to the processing of my audio recordings under the Black Box feature within the purposes and limits set out in this agreement.

I know that I can withdraw my explicit consent through the relevant settings in the app.

I understand that not giving my explicit consent, or withdrawing it, will not on its own prevent me from using the app's other services, apart from not being able to use the Black Box feature.

In the app, this statement has the following box: "I have read the explicit consent statement for the Black Box feature and I give my explicit consent within the stated scope." The box is not pre-ticked; the user's choice is taken as a separate action and recorded together with the version of the approved text and its date and time.

Article 25: The Lead Passenger's statement

When creating the booking, the Lead Passenger confirms that they know the people travelling with them must be informed about the Black Box feature and that the necessary approval processes must be completed.

The Lead Passenger is responsible for organising the people travelling with them to complete the necessary information and approval processes.

The Lead Passenger accepts that this statement does not give them authority to give explicit consent on behalf of other adults, or to give consent on behalf of children for whom they are not the legally authorised representative.

The Lead Passenger's statement does not replace the necessary consent of other people and does not remove the Company's legal obligations.

Article 26: Entry into force and acceptance

26.1. This agreement enters into force to the extent it is presented to the user and the relevant acceptance or approval is completed.

26.2. Because their legal nature differs, the agreement's general terms of use and the explicit consent statement may be managed in the app through separate choices and records.

26.3. The user's acceptance of the terms of the agreement does not, on its own, replace any explicit consent or third-party approvals that may be separately required under applicable legislation.

26.4. The current version of the agreement, its effective date and the approval records are kept appropriately in the Company's systems.

Company details

• Registered name: Orbit Helm (being incorporated)
• Company registration number: To be added once the company is incorporated
• Registered address: To be added once the company is incorporated
• Contact email address: account@orbithelm.com
• Data protection contact address: privacy@orbithelm.com
• Document version: 2026-11-02

Translated from the Turkish text.