Privacy Policy

Version: 1.0.3

Mobly NV Privacy Policy Version 1.0.0 Feb. 2018 1. Who are we? We are Mobly NV, a company established in Belgium and with address 2000 Antwerpen, Hessenstraatje 10 box 10.41 ("Mobly"). You can always contact us at +32 491 191 849 or info@mobly.be. 2. Why do we provide You with this privacy policy? As being the subscriber / user ("You" or "Your") to one or more selected Mobly services (either through an app, website or combination of both), Mobly - as being the so-called data controller - will be processing certain personal data of You, i.e. information through which Mobly is able to (directly or indirectly) identify You as an individual (such as name, account information, online identifier, …)("Personal Data"). The Mobly Privacy Policy wants to provide You with such information and transparency as to what it is that Mobly does with Your Personal Data, which partners Mobly involves, and why Mobly seeks Your consent for the processing of Your Personal Data. Also, this Privacy Policy is there to safeguard the rights You have under the new EU data privacy regulation (EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), the so-called GDPR. By subscribing and/or using Your selected Mobly services, You will - either manually or automatically - provide Mobly with certain Personal Data. If You do not wish to become subject to this Mobly Privacy Policy and the processing of Your Personal Data, You should not proceed with subscribing to or using the Mobly services. 3. For what purpose does Mobly process Your Personal Data? 1. Administration for the selected Mobly services The Mobly services are - depending on the service You select - either based on a subscription model, whereby You subscribe to the respective Mobly service (as a freemium or paying subscription) or as a one-off model. In order to be able to execute the Mobly service You have selected, to be able to invoice the corresponding fees (if applicable) and/or to be able to contact You in respect of Your subscription, (if applicable), Mobly needs to collect and process certain of Your Personal Data in order to establish and maintain the contractual relationship between You and Mobly for the selected Mobly services (including but not limited to be able to identify You, to enable for You the Mobly service selected, to establish that You are of legal age, to establish you eligibility for certain Mobly services, …). This may include data which is the result of Your prior use of another Mobly service and upon which You have concluded a contractual arrangement with Mobly. 2. Legitimate interest of Mobly Mobly may process Your Personal Data for a legitimate purpose to the extent Mobly abides by Your fundamental rights and freedoms. This includes the processing of certain of Your Personal Data by Mobly partners that support and/or enhance Your selected Mobly Service, processing Your profile resulting from the use of Your selected subscription based Mobly Service in order to allow for Mobly to match its offerings to Your profile, as well as to allow Mobly to further develop its services. 3. Use of the subscription based Mobly services Subscription based Mobly services may relate to (the use / monitoring of) Your motor vehicle and/or Your interaction/behaviour with Your motor vehicle (e.g. profiling of Your driver skills and reporting thereof, gamification related to Your driving behaviour, technical monitoring of Your motor vehicle, remote assistance, emergency response, …). In order to be able to offer You such services, Mobly needs to collect and process certain of Your Personal Data (including but not limited to be able to contact You at Your location, to match Mobly service offerings towards your profile, measure Your driving skills (e.g. acceleration, cornering, speed and other measurements which which make for safe driving), inviting friends, call/message management, safety/emergency notifications, …). Subject to 1. and 2 above, before Mobly collects and processes Your Personal Data resulting from Your profiling and/or use of the subscription based Mobly services, Mobly shall first seek and obtain Your consent. You have the right to withdraw Your consent at any time. However be aware that withdrawal of Your consent does not affect any prior processing of Your Personal Data, nor does it affect any processing of Your Personal Data based upon 1. and 2 above. 4. Direct Marketing / promotions From time to time, Mobly may contact You for direct marketing purposes, either in respect of offers for Mobly services, either in respect of offers of partners of Mobly, which Mobly, in its reasonable opinion, may believe to be of interest to You. Before Mobly collects and processes Your Personal Data related to direct marketing purposes, Mobly shall first seek and obtain Your consent (opt-in). For avoidance of doubt, You shall have the right to object at any time to processing of Your Personal Data for direct marketing purposes, in which case Your Personal Data shall no longer be processed for this purpose. However be aware that withdrawal of Your consent does not affect any prior processing of Your Personal Data, nor does it affect any processing of Your Personal Data based upon 1. and 2 above. You may opt-out of receiving such promotional messages from us at any time by following the instructions on those messages, or alternatively, by contacting us at info@mobly.be. Upon receipt of any opt-out request from You, Mobly NV will, at no cost to You, act on Your request and ensure that Your personal data will not be used as indicated in Your request. Mobly however likes to point out to You that making use of the "freemium" version of the Mobly services (if and to the extent available by Mobly) implies that such free usages is combined with You accepting to receive direct marketing from Mobly or its Partners. Where You decline Your consent with regard to Direct Marketing for the freemium version of the Mobly services, this may - at the discretion of Mobly - lead to the annulation or suspension of Your Freemium account and corresponding annulation or suspension of access to the respective "freemium" version of the Mobly service In question. 5. Market research and statistical analyses Mobly may use Your Personal Data for market research and statistical analyses in the fields where Mobly is active in. 4. What sort of data does Mobly collect and process for the purposes Depending on the actual Mobly service You have selected, MObly processes the following personal information: - Your e-mail address - Your name (first name, last name) - Address/City - Phone number - Date of Birth - Car make/car model/car year/vehicle registration number - Expiry date of Your current car insurance. - Location Information - Motion Detection - Network/Wifi states - Contacts Information - Call and SMS Data Important information about platform permissions Most mobile platforms have defined certain types of device data that apps cannot access without Your permission and platforms provide different permission systems for gaining Your consent. The iOS platform alerts You the first time the Mobly services want access to a particular function (usually the first time You use that function) and asks You to give permission for that function to be used at that point. Android devices will notify You of all the permissions the Mobly Services may need for all functions when You first register for the app and Your use of the app constitutes Your consent. 5. What information might be collected from other sources A feature of the Mobly Services enables You to share Your score and other information on Your social media sites. Your use of such features enables the sharing of information with Your friends or the public, depending on the settings You set with Your social media service. Please check the privacy policies of Your social media sites for further information. 6. Which parties may receive Your Personal Data from Mobly? Mobly only shares Your Personal Data with: - Its collaborators within the Mobly organisation; - third party service providers as required for supporting or enhancing the Mobly services (e.g. data management, application support, technical surveying of motor vehicles …); - third party technology providers as embedded in the Mobly services (as required for the correct functioning of the respective service of each third party technology provider)(e.g. cloud hosting provider & data hosting); - Mobly Partners in respect of offers of partners of Mobly, which Mobly, in its reasonable opinion, may believe to be of interest to You; - Other third parties as required by applicable law. Such disclosures shall always be limited to the Personal Data as required for the specific purpose of the recipient while taking into account the necessary provisions on confidentiality, integrity, availability and security of the data involved. 7. Does Mobly transfer personal data outside of the EEA? Mobly only transfers personal data outside of the European Economic area ("EEA") if and when required by the third party service providers, third party technology providers, Mobly partners, as required for their specific task. In the current set-up of the Mobly services, such export of personal data shall occur. Where such transfer occur, Mobly ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data. 8. Automated processing Mobly does not use the personal data processed through the Mobly services for automated decision-making processes or techniques which create or deny rights to the individuals in question. 9. The period for which the personal data will be processed Mobly does retain Your personal Data for as long as i) necessary to be able to provide the selected Mobly service to You and up to three years thereafter or, ii) required by law, whichever is longer. 10. What are Your rights? You always have the right to: - obtain access to Your Personal Data as processed by Mobly; - request rectification, erasure or restriction of processing of Your Personal Data; - object to the processing of Your personal data; - request to receive Your personal data in a format at the discretion of the Mobly (e.g. excel, .CSV file, …), that allows for the data portability of such data to a similar service; - withdraw Your consent for processing Your Personal Data at any time. However, be aware that withdrawal of Your consent does not affect any prior processing of Your Personal Data or processing occurring under another legal ground. In order to exercise such rights You shall have to provide proof of Your identity by providing an official document (e.g. ID Card, driver's license, …) to Mobly. 11. Are the Mobly services targeted at Children? Mobly never asks for or knowingly collects information from children under the age of 18. Mobly is strongly committed to preserving online privacy for all children. Mobly does not knowingly collect information about children or sell products to children. If a parent or guardian becomes aware that his or her child has provided personal data that is processed through the Mobly services without their consent, he or she should contact Mobly. If Mobly become aware that a child has provided us with Personal Data, Mobly will take the necessary steps to have that Personal Data irrevocably removed from the Mobly services 12. Where to log a complaint? In case You have a complaint about the way Mobly is processing Your Personal Data, please talk to us and we will listen to Your complaint, and see if we can resolve this together. However, You always have the right to log a complaint with the competent "data protection authority". Information on the competent data protection authority and the way of logging a complaint can be found here (or the URL as updated by the European Commission).