§ 78-03 Definitions Specific to this Chapter.
RCNY § 78-03
(a)Applicant in this Chapter means an Applicant for an original or renewal E-Hail Application Provider License.
(b)Credit, Debit, and Prepaid Card Services. The portion of the E-Hail Application used to process Passenger payment of fare in a Vehicle by credit, debit, or prepaid card as described in 35 RCNY § 78-21(b) and (c).
(c)Database Management System. A software package with computer programs that control the creation, maintenance and use of a database.
(d)Dispatch and Pay has the same meaning as the same term in 35 RCNY § 51-03.
(e)E-Hail has the same meaning as the same term in 35 RCNY § 51-03.
(f)E-Hail App Data. All data required to be collected, transmitted and maintained pursuant to this Agreement. E-Hail App Data includes, but is not limited to, Trip Data as described in 35 RCNY § 78-21, data related to credit, debit, and prepaid card transactions, and data relating to E-Hail App usage. Any data that is transferred to the E-Hail App by Technology Systems become E-Hail App Data once received by the E-Hail App.
(g)E-Hail Application has the same meaning as the same term in 35 RCNY § 51-03.
(h)E-Hail Application Provider is a person or entity licensed by these Rules to offer an E-Hail Application.
(i)E-Hail Application Provider License is a license issued to a E-Hail Application Provider pursuant to this Chapter.
(j)E-Payment has the same meaning as the same term in 35 RCNY § 51-03.
(k)Hail has the same meaning as the same term in 35 RCNY § 51-03.
(l)Hail and Pay has the same meaning as the same term in 35 RCNY § 51-03.
(m)Information System. An interconnected set of information resources under the same direct management control that shares common functionality.
(n)License. When the term "License" is used by itself in this Chapter – and in this Chapter ONLY – it refers to an E-Hail Application Provider License.
(o)Modification of E-Hail Application. Any modification to the E-Hail Application or related services after the Commission has issued a License for such E-Hail Application that would materially alter any of the following: (1) functionality, performance characteristics, security measures, or technical environment of the E-Hail Application or related services; (2) interfaces to the Technology System, or to the Software, Hardware, network, or other E-Hail Application components; (3) the manner in which the E-Hail Application or related services are provided. The addition or modification of a component allowing payment through the E-Hail Application constitutes a Modification. A Modification of E-Hail Application does not include: (4) fixes and/or maintenance patches necessary to conform the E-Hail Application or any of its components or related services to the requirements set forth in 35 RCNY § 78-21; and (5) security patches to the extent such fixes or patches are necessary in the E-Hail Application Provider's good faith judgment to maintain the continuity of the E-Hail Application or related services or to correct an event or occurrence that would, if uncorrected, substantially prevent, hinder or delay proper operation of the E-Hail Application or related services.
(p)Non-consumer User. Any individual, excluding a cardholder, who accesses Database Management System components, including, but not limited to employees, administrators and third parties.
(q)Pair. The act of an E-Hail Application connecting to a Technology System for the purposes of Hail and Pay.
(r)PCI Standards. The Payment Card Industry Data Security Standards issued by the Payment Card Industry Security Standards Council as they may change from time to time. See www.pcisecuritystandards.org (s) Personal Information has the same meaning as the term as it is defined in New York General Business Law § 899-aa(1)(a) and includes such information pertaining to passengers and drivers.
(t)Service Levels. The standards of performance of the E-Hail Application and its components that are described in 35 RCNY §§ 78-17 and 78-21.
(u)Security Incident or Incident means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an Information System.
(v)Technology System Data. All data required to be collected, transmitted and maintained pursuant to 35 RCNY § 66-24 and other information assets related to the Technology System Data. Technology System Data includes, but is not limited to, Trip Data, data related to credit, debit and prepaid card transactions, and text messages and the date and time such messages were sent and received. Any data that is transferred to the Technology System by E-Hail Apps that provide E-Payment become Technology System Data once received by the Technology System. (Amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 5/17/2018, eff. 6/16/2018; amended City Record 8/19/2019, eff. 9/18/2019)
