MOTION-S PRIVACY TERMS AND CONDITIONS
We, MOTION-S S.A., a private limited liability company incorporated in Luxembourg and registered under RCS B193611 VAT LU30634810, with a registered office located at 4, Avenue des Bains, L-5610 Mondorf-les-Bains, Luxembourg and trading as MOTION-S (“Motion-S”) license the use of this app (the “Trip Recorder App”) to you on the basis of these Terms and Conditions (the “Conditions”).
The Trip Recorder App is only intended for use by individuals employed by a partner or testing partner of Motion-S (the “User”).
We remain the owners of the Trip Recorder App and any associated documents at all times.
References to “you” or “your” or “the Driver” in these Conditions are to the individual downloading the Trip Recorder App.
BASIS OF CONTRACT
In consideration of the Driver agreeing to these Conditions, Motion-S grants to the Driver a non-exclusive, non-transferable license to use the Trip Recorder App on the terms of these Conditions (the “License”) until the License is terminated in accordance with these Conditions.
PERFORMANCE OF THE SERVICES
- Motion-S shall, for the duration of the License, make the Trip Recorder App available to the Driver in accordance with these Conditions in all material respects.
- Motion-S shall use reasonable endeavors to ensure the availability of the services provided by the Trip Recorder App, however, the Driver acknowledges that the availability or performance of the Trip Recorder App cannot be guaranteed.
- Motion-S warrants that it shall provide the Trip Recorder App with reasonable care and skill.
When using the Trip Recorder App, the Driver must comply with all applicable laws and these Conditions and must not use the Trip Recorder App in bad faith or unlawfully.
INTELLECTUAL PROPERTY RIGHTS
- The Driver acknowledges that all intellectual property rights used by or subsisting in the Trip Recorder App are and shall remain the sole property of Motion-S or the third party rights owner, and agrees not to infringe such intellectual property rights.
- All intellectual property rights arising as a result of the use of the Trip Recorder App shall be owned by Motion-S.
- Nothing in these Conditions shall limit or exclude Motion-S’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees;
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for Motion-S to exclude or restrict liability.
- Subject to condition 1, Motion-S shall under no circumstances whatsoever be liable to the Driver, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for:
- any indirect, special, consequential, or pure economic loss or damage;
- any loss of profits, anticipated profits, revenue, or business opportunities; or
- damage to goodwill;
- data roaming charges incurred by the Drivers;
- any liability relating to the use of the Trip Recorder App other than wholly in the course of the Driver’s trade, craft, business, or profession;
in each case arising as a direct or indirect result of the relevant claim.
- Without limiting its other rights or remedies, the Driver may terminate the License with immediate effect by deleting the Trip Recorder App.
- The Driver acknowledges and agrees that Motion-S may suspend or terminate the License with immediate effect.
- On expiry or termination of the License for any reason:
- the parties’ rights and remedies that have accrued as at termination shall be unaffected; and
- conditions that expressly or by implication survive termination of the License shall continue in full force and effect;
- the Trip Recorder App shall be switched off by Motion-S within 5 Business Days of the date of notice of termination or, if later, the date of termination.
The License and these Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of Luxembourg.
We take your privacy seriously and are fully committed to handling the information we collect from you in a secure and responsible manner. We are dedicated to protecting and respecting your privacy.
This policy sets out the basis upon which any personal information we collect from you, or that you provide to us, will be processed by us when you are using our websites including our apps (the “Sites”) for the purposes of the EU General Data Protection Regulations (“GDPR”) and the Data Protection Act 2018. The terms “Data Processor” and “Data Controller” are as defined in the GDPR.
LAWFULNESS OF PROCESSING
The personal data collection and processing by Motion-S is performed in a legitimate interest basis. The processing activity is necessary for the organization to develop its activities related to the LIAISON Research Project, supported by the Luxembourg Ministry of Economy.
COLLECTING AND USING YOUR PERSONAL INFORMATION
What personal data are we collecting?
We will collect and process the following personal information (“Personal Data”) about you:
- Mobile device data (including device identifier (e.g. UDID), subscriber identifier, operating system type, and version, and Internet Protocol (IP) address)
- Technical information (including IP address, time zone setting, location data, operating system, and platform)
- Information about Trip Recorder App usage (including installation, removal, screen interactions, interface interactions, and crashes)
- Your and your vehicle’s exact location, speed, and direction of travel
- Usage of smartphone whilst driving, in particular, the fact of being into a call, locking and unlocking the screen
- Mobility patterns before and after a driving session, including the mobility mode (i.e., walking, cycling, stationary, running), the time, the confidence interval, and the location of the place the mobility mode was detected
Optionally, the user would be able to provide Motion-S with Personal information (a number of questions related to driving and insurance habits). This Personal information is non-mandatory and the user would be able to submit it through a secure web form.
We do not collect any sensitive data concerning Users such as racial or ethnic origins, political, philosophical or religious opinions as well as any data relating to trade union membership, health or sex life.
WHAT WILL WE DO WITH THIS DATA?
We may do work with academic partners in the field of data analytics and in the context of research and development projects that involves sharing some of your non-individually identifiable Personal Data (e.g. interactions, session length, device type) and we may store communications data (e.g. details of queries or complaints received by phone, email or text)
The analysis we carry on over the data includes:
- The detection of specific events during driving
- The identification of mobility patterns and transportation modes
- The identification of potential activities and tasks related to your mobility
Notwithstanding any other provision of this policy, we will never share any information on your location with any party other than the User, and to the User only upon request in the event of an incident and upon such request only trip logs relating to the trip in which the incident occurred.
STORAGE AND DELETION OF YOUR PERSONAL DATA
All Personal Data you provide to us will be stored on our secure servers or those of our sub-processors. Our platform and APIs are regularly penetration tested to the highest standards to ensure the security of our system. Where you are based in the EU, and to the extent that your personal data is not stored in the EU, we have put in place appropriate safeguards with your employer and our sub-processors to ensure that you are able to enforce all the rights afforded to you under the GDPR.
We will use strict procedures and security features to try to prevent unauthorized access to your Personal Data. Any data breaches will be notified to the User as a data controller.
We will keep information no longer than we need to for the purpose for which we collected it. The period of time for which we keep personal information is 31/12/2023. After the end of this retention period, Personal Data will either be deleted or anonymized. Motion-S endeavors to follow the anonymization techniques described in Opinion 05/2014 on Anonymization Techniques of Article 29 from the EU Working Party.
Disabling the permissions of “Location Services” and “Physical Activity” allows you to pause geo-tracking and all data collection at any point in time. When these permissions are disabled, Personal Data relating to your location or driving behavior will not be collected or stored.
Motion-S holds a record of processing activities that is at the disposal of the User as a data controller.
Motion-S will assist the User as the data controller to allow for the exercise of your rights.
Data deletion: You can request the deletion of your Personal Data at any time.
Data rectification: if you believe that any of your personal data processed by Motion-S is inaccurate, you can exercise your right to rectification of such personal data by contacting Motion-S at email@example.com. Motion-S will respond to any such request as soon as possible, and in any event within two working days.
Data portability: You can request Motion-S a copy of your raw collected data for the purpose of portability.
Object to processing: You have the right to object processing and using your personal data at any time, following the conditions of Article 21 from the GDPR
Lodge a complaint: You have the right to lodge a complaint with the Luxembourg Supervisory Authority (CNPD in Luxembourg) following the Article 77 of the GDPR.
Restriction of processing: You have the right to restrict us from processing your personal data where one of the following applies: (i) you contest the accuracy of your personal data, (ii) the data has been unlawfully processed, (iii) you need us to keep your data it in order to establish, exercise or defend a legal claim; or (iv) you have objected to us processing your data under Article 21 of the GDPR
You can exercise your right to access the Personal Data that we hold about you by contacting us at:
MOTION-S S.A., 4 Avenue des Bains, L-5610 Mondorf-les-Bains, Luxembourg
None of our cookies store personal information such as your name, address or financial details, or any other sensitive information about you without your express permission to do so.
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