Informations juridiques

‍Diese Allgemeinen Geschäftsbedingungen sind in englischer Sprache verfasst. Wenn Sie kein Englisch verstehen, nehmen Sie bitte vor der Annahme der Anwendung Kontakt mit MyMove auf (über hello@mymove.co), um eine Übersetzung oder Erklärung in deutscher Sprache zu erhalten. Durch die Annahme dieser Allgemeinen Geschäftsbedingungen erklären Sie, dass Sie die englische Sprache und den Inhalt dieser Allgemeinen Geschäftsbedingungen verstehen.

‍

‍BY ACCESSING OR USING MYMOVE MOBILE APPLICATION OR WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF MYMOVE AS SET FORTH BELOW (THE “TERMS AND CONDITIONS”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE MYMOVE MOBILE APPLICATION OR WEBSITE IN ANY WAY.

‍

1.  Introduction and scope

‍

These Terms and Conditions constitute the agreement between any user of MyMove services and MyMove SRL/BV, a private limited company having its office rue du Belvédère/Belvederestraat 29, 1050 Brussels, Belgium, registered in the register of legal entities of Brussels under enterprise number 0776.513.011 (hereinafter referred to as "MyMove"). 

‍

They can be accessed at any time on the Website as well as on the menu of the Application. These Terms and Conditions are applicable from 25 april 2023 onwards and replace all previous terms and conditions. 

‍

MyMove has developed a mobile application, called MyMove (the “Application”), to enable users (“Users”) to reserve, book and lock/unlock vehicles of a fleet made available by an operator (“Operator”) or by their employer (“Employer”), the usage of which vehicles shall be paid by any concerned User through their own payment method or thanks to their Employer, via the Application.

‍

These Terms and Conditions shall apply to all Users, in addition to the vehicles rental terms and conditions or any general or special conditions applicable to any kind of product or service offered directly or indirectly through MyMove, per e-mail or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from MyMove in case of discrepancies. However, by accepting the application of the Terms and Conditions, the User expressly accepts the application of the terms and conditions of the service provider offering its services and/or products through MyMove to that User.

‍

‍2.  Definitions

‍

In these Terms and Conditions, the terms used with capital letters shall have the following meaning:

‍

“Account” means the personal user account, containing Personal Data, created by the User upon registration on the Application or created by MyMove for a User on the basis of an agreement between the User’s Employer and MyMove;

‍

“Application” means the mobile application called MyMove, managed by MyMove, which enables Users to use the Services provided by MyMove subject to these Terms and Conditions and the vehicles rental services offered by their Employer or an Operator pursuant to the vehicles rental terms and conditions of said Employer or Operator;

‍

“Employer” means an employer that possesses a fleet of vehicles and wishes to make them available for use by its employees (being Users) through the Application;

‍

“Intellectual Property Rights” means all existing and future, registered or unregistered, intellectual, industrial, commercial and all other property and similar rights, in Belgium and elsewhere in the world, including, without being limited to, copyrights (including but not limited to copyrights in computer programs and databases) and all other possible rights in the fields of literature, arts and science; patent rights, rights to know-how or trade secrets, and all other rights on intellectual creations in the field of technology; design rights; trademarks, rights to statutory and commercial denominations, domain names and all other possible rights to signs used in business to distinguish one good or service from another in trade;

‍

“Operator” means a cars’ dealer, garage owner, rental cars company or any other company that possesses a fleet of vehicles and wishes to make them available for use by the Users through the Application;

‍

“Organisation” refers to the closed group of Users who are registered and entitled to use the fleet put available for sharing by an Operator or by an Employer. Users must be part of an Organisation to be able to use the vehicles of the fleet made available by a specific Operator or Employer. Users can be part of multiple Organisations;

‍

“Personal Data” means all personal information provided by a User to, or collected by, MyMove during the User’s use of the Services, the Application and/or the Website as set out in MyMove’s Privacy Policy;

‍

“Privacy Policy” is MyMove’s current Privacy Policy, which is available on https://www.mymove.co;

‍

“Service(s)” means the services provided by MyMove to enable Users to digitally benefit from the services provided by an Operator or an Employer as to reserve, book, use and lock/unlock vehicles of a fleet, in accordance with these Terms and Conditions, it being understood that the Services only imply restricted user rights and shall in no event be considered as implying a transfer of ownership to a User;

‍

“Terms and Conditions” means the present terms and conditions forming the agreement between the User and MyMove for the use of the Service(s);

‍

“User” is a person who uses the Website or the Application and the Services provided thereon subject to these Terms and Conditions, it being understood that Users have been given access to the Application on the basis of a registration process made available to them or of an agreement between their Employer and MyMove;  

‍

“Website” means http://www.mymove.co.

‍

‍3.  Subscription by a User

‍

a. The Application and the Services thereon shall be made available to Users upon fulfilment of a registration form and subscription to the Application. The registration form, made available to the User through the Application, must contain all data necessary to enable MyMove to create a User account such as the name, phone number, email address of the User, a valid proof of their identity or the details of their payment method. Should a User wish to drive a car of a fleet, a valid driving license is also necessary. The registration form is specific to one Organisation only, meaning that a User wishing to register to several Organisations must fill in several forms. 

‍

b. The User acknowledges that their Account is strictly personal and cannot be used by any third party. The User expressly acknowledges and agrees it is strictly forbidden for Users to give, lend, sell or otherwise transfer their Account to third parties, even another User of the same Organisation. The User must keep their Account details secure and must not share them with anyone else. The User shall immediately warn MyMove in case a third party uses their Account following the stealing of their phone, a hacking or any other problem.  

‍

c. The User acknowledges and agrees that MyMove shall at all times retain the right to request a User to provide additional information and to upload additional documents for identification and verification purposes (for example a copy of a renewed driving license) and to determine, in its sole discretion, whether or not to approve a User, whether initially or on an ongoing basis during their use of the Application.  

‍

‍4.  Use of Services

‍

a. Access to and use of content and services. A User may use the Application and/or the Website to browse, locate, reserve and pay for transportation and vehicles of a fleet of an Organisation they are part of directly on the Application. Each User accepts that the mobility services offered on the Application, especially through third parties, may vary and/or be updated. The User expressly acknowledges that MyMove is in no way whatsoever responsible for such mobility services, their variations and/or updates. All mobility services may not be available at all times or in all locations. To use the Application and/or the Website, a User will need a device that meets the system and compatibility requirements for the relevant content, working Internet access and compatible software.

‍

b. Third-Party Fees. Each User is responsible for any access or data fees incurred from third parties (such as their Internet provider or mobile carrier) in connection with their use of the Services and for any fees whatsoever related to the rental services offered to them by any Employer or Operator.

‍

c. Updates. The Application and the Website may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions. Such updates may be necessary in order to use the Application and/or the Website. By agreeing to these Terms and Conditions and using the Application and/or the Website, a User agrees to receive such updates automatically.

‍

d. Proof. Unless otherwise proven by writing, the data registered on the Application and/or the Website form the proof of any service used by the User through the Application and/or the Website.

‍

e. SMS. A User might receive a SMS message to be able to use the Application. Standard rates will apply.

‍

f. Operators’ terms and conditions or Employer’s terms and conditions. Each Operator or Employer shall have its specific terms and conditions applicable to the rental services of any vehicle of the fleet of said Operator/Employer. The User expressly accepts the application of said terms and conditions, available on the Application, on the Operator/Employer website or internal organisation or made directly available to the Users upon registration to the Operator/Employer’s Organisation.

‍

g. Fines or other costs. The User is responsible for all penalties, fines or other costs in relation to its use of the Services or the non-respect of these Terms and Conditions. In case of fines or other costs, the User will be charged for the total amount of the fines or other costs as well as an administrative charge of thirty (30) euros.

‍

‍5.  User’s responsibilities

‍

The User undertakes:

‍

• not to use the Services, Website and/or the Application (including their Account) for illegal purposes or purposes that may damage the rights (including Intellectual Property Rights) or interests of MyMove, any Operator, Employer or any third parties, and in particular not to use the Website and/or the Application to distribute trade secrets, viruses, damaging or illegal information, or information that is distasteful, discriminatory or offensive towards any person;
• not to disrupt access to the Website and/or the Application, or to access MyMove’s computer systems, or modify, or use them to transmit computer viruses, hacking attacks, computer worms, etc., or commit misdemeanours likely to be qualified as computer crimes;
• not to use any automatic system or software to extract data from the Application and/or from the Website for commercial purposes (“screen scraping”) as screen scraping of the Application and of the Website is forbidden;
• comply with these Terms and Conditions, the applicable terms and conditions of any third-party offering services that such User uses (including the ones of the Employer and/or Operator of the Organisations they are part of) and all applicable laws and regulations.

‍

Each User warrants that they have full authority and legal capacity to agree to these Terms and Conditions and that they have not been previously suspended or blocked from the Website and/or the Application.

‍

Should the User fail to comply with their obligations, MyMove reserves the right to prohibit and immediately block access to the Services, the Website and/or the Application (including their Account), to prohibit such access without repayment of any reservation made or any open balance and to take out proceedings for the payment of compensation or any damages whatsoever.

‍

‍6.  Personal Data 

‍

MyMove considers the protection of Personal Data and privacy of the User extremely important. MyMove wishes to inform the User and give the User control about what happens with their Personal Data. The Personal Data of the User are protected by MyMove in accordance with MyMove’s Privacy Policy, which is available on https://www.mymove.co as well as on the menu of the Application and on the Website, and in accordance with applicable Belgian and European legislation on privacy and data protection. MyMove’s Privacy Policy describes how MyMove collects, uses, communicates, discloses (including to the Operator/Employer) and protects your Personal Data, both acting as a data controller and a data processor, depending on the concerned data processing activities. Not only the User’s rights are described therein, but also how the User can exercise them.

‍

7.  Prices

‍

‍All prices mentioned on the Application are in euros and include VAT and all relevant taxes, rights or other indirect contributions, which would be due in application of the relevant legislation, except if otherwise provided.  

‍

The prices for the rental services of any vehicle of any Organisation’s fleet are defined directly by the Operator or the Employer, meaning that MyMove does not choose the prices of the mobility services accessible on the Application. Those prices may vary depending on their use or on the purchase moment and only the Operators and Employers or other service providers are responsible therefor.  

‍

‍8.  Liability

‍

This Article will survive termination of the agreement between MyMove and any User.

‍

a. MyMove Liability: MyMove shall only be liable to the User for damages or losses directly resulting from MyMove’s breach of these Terms and Conditions. MyMove’s total liability shall in no event exceed two thousand five hundred (2,500) EUR and MyMove shall in no event be liable for any damages or losses incurred or sustained by or imposed upon MyMove based on, arising out, with respect to or by reason of the User’s criminal, wilful or grossly negligent action or omission in the use of the Services or in connection with these Terms and Conditions.

‍

MyMove shall in no event be liable to the User for any indirect, consequential, special, or incidental damages, loss, corruption or damages, loss of profits or loss of business for any matter related to these Terms and Conditions, the Website, the Application or any Services provided by MyMove, even if MyMove was advised of the possibility of such damages or if such possibility was reasonable foreseeable, nor for any delay or failure to perform any of its obligations under these Terms and Conditions due to force majeure or any other cause beyond its reasonable control, including any change of circumstances.

‍

Nothing in this Agreement shall exclude or restrict the liability of MyMove for:

•  death or bodily injury caused by its negligence or its wilful misconduct; or

•  fraud.  

‍

Any exclusion or limitation set forth herein in favour of MyMove shall apply to the maximum extent permitted by applicable law.

‍

b. User Liability: the User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with these Terms and Conditions. 

‍

The User expressly undertakes to fully indemnify and hold harmless MyMove and the Operator/Employer for any and all damages, losses and costs arising out of: (i) a criminal or immoral act committed by the User or any other non-compliance with the applicable laws during or through such User’s use of the Services; (ii) any damage to a vehicle that happened during their rental period; (iii) the User’s non-compliance with these Terms and Conditions, or their negligence, gross negligence and wilful misconduct.

‍

The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs arising out these Terms and Conditions and any incident relating to its performance.  

‍

‍9. Disclaimer of warranties

‍

MyMove does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free, and Users agree that from time to time MyMove may limit the access to the Services for indefinite periods of time, or cancel the Services at any time, without prior notice to the Users. The User expressly agrees that their use of, or inability to use, the Services is at their sole risk. The Services and all products and services delivered to the User through the Website or the Application are (except as expressly stated otherwise by MyMove) provided “as is” and “as available”, without warranties of any kind for as far as possible in application of Belgian law, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

‍

‍10.  Links to third-party websites or services and application of their terms and conditions

‍

‍The Website and/or the Application contain links to third-party websites or services that are not owned or controlled by MyMove. MyMove has no control over, assumes no responsibility for it, does not warranty the content, privacy policies or practices of any third party websites or services. The User further acknowledges and agrees that MyMove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services, including any use of the rental services provided by any Operator or Employer.

‍

‍11.  Intellectual Property Rights

‍

a. All Intellectual Property Rights related to the Website, the Application (in object code and source code form), the underlying models and algorithms of the Application and of the Website, MyMove brand and logo, including any rights, title and interest therein, shall at all times remain the sole and exclusive property of MyMove and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation Intellectual Property Rights) therein pursuant to these Terms and Conditions, except for the limited User rights expressly granted hereunder. In the event, notwithstanding any prohibition thereto, the User modifies or creates derivative works thereof, MyMove shall own all rights, title and interest, including any Intellectual Property Rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest, including any Intellectual Property Rights, in such modifications and derivatives to MyMove at no cost to the latter.

‍

b. The User agrees: (1) not to remove any intellectual property notices in the Application and on the Website; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application and the Website to any third party; (3) not to alter or modify the Application and the Website; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application and the Website; (5) not to prepare derivative works from the Application and the Website and (6) not to use or register the brand “MyMove”.

‍

c. MyMove cannot be held responsible for any abusive or fraudulent use of its name, its logo, its brand or addresses.

‍

‍12.  Termination

‍

‍Users may terminate their use of the Services at any time upon a notice period of fifteen (15) days, eventually subject to the conditions provided for within the internal policy of their Employer.

‍

MyMove may terminate the provision of the Services at all times, without notice period and any Operator/Employer may terminate the rendering available of its fleet through the Application upon a notice period agreed upon between MyMove and said Operator/Employer.

‍

MyMove shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate, terminate or suspend an Account if one of the following events occur, or if MyMove has reasonable reasons to believe such event occurred: the User commits a criminal or immoral act or any violation of the applicable laws during or through such User’s use of the Services or, in general, the User does not comply with these Terms and Conditions, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise. In case of deactivation, termination or suspension of their Account, the User shall no longer be entitled to use the Application and the Services (for the duration of such deactivation or suspension, as the case may be).

‍

‍13.  General provisions and jurisdiction

‍

a. The User accepts that MyMove shall have the right to notify the User per pop-up of any changes to these Terms and Conditions. The User cannot continue using the Application, the Website and Services following the effective date of a change without prior acceptance of such change.  

‍

b. If any provision in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of these Terms and Conditions shall remain in effect.

‍

c. The mere fact that MyMove does not invoke, at any given time, one provision of these Terms and Conditions cannot be interpreted as a waiver to use and invoke that provision.

‍

d. These Terms and Conditions are governed by and construed in accordance with Belgian law and any dispute relating thereto must be submitted to the exclusive jurisdiction of the courts of Brussels.

‍

‍14. Questions

‍

If you have any further questions about these Terms and Conditions or their implementation or if you need support with the use of the Application, please contact us by email at hello@mymove.co. For questions or complaints directly related to the services performed by third party service providers, please contact directly the customer service of the concerned service provider as detailed in their terms and conditions.

‍

‍‍for Employers and Operators

‍

Diese Allgemeinen Geschäftsbedingungen sind in englischer Sprache verfasst. Wenn Sie kein Englisch verstehen, nehmen Sie bitte vor der Annahme der Anwendung Kontakt mit MyMove auf (über hello@mymove.co), um eine Übersetzung oder Erklärung in deutscher Sprache zu erhalten. Durch die Annahme dieser Allgemeinen Geschäftsbedingungen erklären Sie, dass Sie die englische Sprache und den Inhalt dieser Allgemeinen Geschäftsbedingungen verstehen.

‍

Introduction

‍

1. MyMove is a private limited company (“société à responsabilité limitée” / “besloten vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvédèrestraat 29, 1050 Brussels (Belgium), registered with the register of legal entities of Brussels under enterprise number 0776.513.011 (“MyMove”), has developed a digital solution, consisting of a mobile application (the “Application”) and an operational dashboard (the “Dashboard”), which aims at offering a tool allowing employers (“Employer(s)”) and other organisations (such as car dealers, garage owners, rental cars companies, etc.) (“Operator(s)”) to put at the disposal of registered users or employees their fleet of shared vehicles (the “Fleet”) at conditions further decided by the concerned Employer or Operator (the “MyMove Solution”). 

‍

2. In this context, MyMove wishes to enter into partnerships with different businesses, Employers or Operators, to work with them to enable them to provide such rental services of vehicles of their Fleets to their users through the MyMove Solution.

‍

3. The person giving their consent to the application of these terms and conditions for B2B services (the “Terms and Conditions” or the “Agreement”) is wishing to enter in such a partnership with MyMove as to enable registered users or employees (the “Users”) to use the MyMove Solution and the services offered thereon, at the expense of the Users or at the expense of the Employer itself.

‍

4. These Terms and Conditions constitute, together with the Particular Conditions (as defined hereinafter) accepted by the Employer/Operator concerned, the commercial partnership agreement entered into between said Employer/Operator and MyMove (the “Parties”) and setting out the terms and conditions thereof. These Terms and Conditions shall apply to all business users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly through MyMove, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from MyMove in case of discrepancies. They can be accessed at any time on the Website, on the Dashboard as well as on the menu of the Application. 

‍

5. These Terms and Conditions are applicable from 25 april 2023 onwards and replace all previous terms and conditions. 

‍

6. If you have any questions about these Terms and Conditions or their implementation or if you need support, please contact MyMove by email at hello@mymove.co.

‍

Article 1: Definitions and interpretation

‍

1.1. Definitions 

For the purposes of this Agreement, the terms used with capital letters shall have the following meaning:

‍

Agreement or Terms and Conditions: the present agreement/terms and conditions between the Parties, together with the Particular Conditions accepted by the Employer/Operator, setting out the terms and conditions under which MyMove and said Employer/Operator shall collaborate to enable the use of their Fleet through the MyMove Solution.

‍

Application: the mobile application, developed, maintained and managed by MyMove, which aims at offering to Users a digital tool allowing them to book and use vehicles of a Fleet at their own costs or at their Employer’s costs (eventually through a mobility budget), it being understood that said Application shall be branded MyMove or shall be whitelabelled by MyMove (and then be branded pursuant to the Employer or the Operator’s instructions).

‍

Business Day: a day (other than a Saturday or Sunday) when banks are open for normal business in Belgium.

‍

Dashboard: the central management dashboard, developed, maintained and managed by MyMove, which aims at offering to Employers/Operators a tool allowing them to manage their Fleet, keep an overview of bookings and manage vehicles’ data, it being understood that said Dashboard shall be branded MyMove or shall be whitelabelled by MyMove (and then be branded pursuant to the Employer or the Operator’s instructions).

‍

Effective Date: the effective date of this Agreement that is the date on which the Employer/Operator has given its consent on the application thereof.

‍

Employer: the person giving its consent to this Agreement when no Operator is involved and wishing to enter into a partnership with MyMove as to enable (some of) its staff members or employees to use the Application and the Fleet, at its expense.

‍

Event of Force Majeure: an unforeseen event, which occurs after the Effective Date and which is beyond the reasonable control of the affected Party, to the extent such an event prevents or delays the affected Party from fulfilling its obligations under this Agreement and the affected Party is not the direct or indirect cause of such an event and is unable to prevent or remove such an event at reasonable cost (including any case of hardship).

‍

Fleet: the fleet of shared vehicles provided by the Operator/Employer, equipped with a technology provided by MyMove to make them part of the Fleet, as further detailed in the Particular Conditions, and linked to the MyMove Solution.

‍

Information: all information, data, reports, intellectual property, know-how, process and trade secrets, in whatever form, provided by or on behalf of one Party to the other Party or information of one Party otherwise received by the other Party under or in connection with the Agreement, including the information relating to the Party and its businesses, operations, finances, planning, facilities, products, techniques and processes. For example but without limitation, the Information may include inventions, products, processes, technical methods, formulas, projects, developments, plans, research data, financial data, personal data, software, client listings, suppliers listings and any other data relating to clients or the knowledge of existence of clients or the prospects of the concerned Party (and its affiliated companies in the case of MyMove).

‍

Intellectual Property Rights: all existing and future, registered or unregistered, intellectual, industrial, commercial and all other property and similar rights, in Belgium and elsewhere in the world, including, without being limited to, copyrights (including but not limited to copyrights in computer programs and databases) and all other possible rights in the fields of literature, arts and science; patent rights, rights to know-how or trade secrets, and all other rights on intellectual creations in the field of technology; design rights; trademarks, rights to statutory and commercial denominations, domain names and all other possible rights to signs used in business to distinguish one good or service from another in trade.

‍

MyMove Solution: the digital solution, developed, maintained and managed by MyMove, consisting of the Application and the Dashboard.

‍

Operator: a cars’ dealer, garage owner, rental cars company or any other company giving its consent to this Agreement when no Employer is involved and wishing to enter into a partnership with MyMove as to enable Users to use the Application and the Fleet it developed, at the User’s own expense.

‍

Particular Conditions: any other condition discussed and accepted between the Parties in relation to the particularities of each situation (including but not limited to the quotation prepared by MyMove and accepted by the Employer/Operator and any emails that contains, among others, the details of their agreement in relation to the composition of the Fleet, the pricing, the duration, etc.).

‍

Party: MyMove and the Employer/Operator that has accepted these Terms and Conditions, including the Particular Conditions.

‍

User: any natural person registered on the MyMove Solution who has accepted MyMove user terms and conditions.

‍

1.2. Interpretation

‍

1.2.1. The words “include”, “notably”, “among others” and all forms and derivations thereof shall mean including but not limited to.

1.2.2. The titles and headings used in this Agreement are only inserted to facilitate the reading of this Agreement and do not express in any way the intended understanding of the Parties. They shall not be taken into account for the interpretation of this Agreement.

1.2.3. References to Articles and paragraphs in this Agreement are references to the Articles and paragraphs of this Agreement unless otherwise specified.

1.2.4. English language words used in this Agreement intend to describe Belgian legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.

‍

Article 2: Purpose and scope of the Agreement

‍

The Agreement sets out the principles and modalities of the commercial partnership between the Parties, as well as the Parties’ respective rights and undertakings under said partnership.

‍

Article 3: Services

‍

3.1. Principle

‍

3.1.1. MyMove shall give access to the Application to Users, it being understood that each User shall only have access to all or part of a Fleet through the Application as decided solely by the Employer/Operator.

3.1.2. MyMove shall give access to the Dashboard to the particular Users designated by the Employer/Operator.

3.1.2. Each User can use any vehicle of the Fleet it has access to, at any time during the duration of this Agreement, subject to availability of the vehicle.

‍

3.2. Registration of Users

‍

3.2.1. All Users must be registered to be able to use any part of MyMove Solution and/or the Fleet.

3.2.2. Any registration by a new User shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed by said User.

3.2.3. All Users wishing to use the Application shall be requested to accept MyMove’s user terms and conditions upon first use of the Application.  

3.2.4. In some specific cases, as agreed upon between the Parties, Users might be registered on MyMove Solution directly by MyMove, on the basis of personal data provided directly by them or the concerned Employer/Operator, in which case said registration shall be under the responsibility of the concerned Employer/Operator, who shall verify the identity and driving license of the concerned User and shall be responsible to ensure said User accepts MyMove user terms and conditions. 

‍

3.3. Fleet

‍

3.3.1. The fleet of shared vehicles available for booking to the Users on the Application (the “Fleet”) is composed of various vehicles, listed in the Particular Conditions. 

3.3.2. The Employer/Operator shall be responsible to insure its Fleet as required by the applicable legislation and for any usage of any vehicle of the Fleet. 

3.3.3. The Employer/Operator shall be responsible to have the Users using its Fleet expressly agree to a set of general terms and conditions of vehicles rental services, it being understood that said general terms and conditions shall protect MyMove by notably clearly specifying that MyMove is not responsible for any vehicle rental services and only provides the digital solution attached to said services. A draft template of such user general terms and conditions can be requested to MyMove should the Employer/Operator not have some yet.

3.3.4. Reservation, locking and unlocking of vehicles of the Fleet happens directly on the Application.

3.3.5. To enable a User to end a booking with a vehicle of the Fleet, said vehicle shall be parked in the zone defined together by the Parties in the Particular Conditions.  

3.3.6. The Employer/Operator can request a modification of the composition of the Fleet. Both Parties undertake to negotiate in good faith to implement such modification within three (3) weeks should it be materially possible. MyMove shall explain the reasons of the impossibility to access the modification request, as the case may be.

3.3.7. The booking rates of a vehicle of the Fleet can be suggested by MyMove but are determined solely by the Employer/Operator who can later request a modification of said rates to MyMove. Both Parties undertake to negotiate in good faith to implement such modification within three (3) Business Days should it be materially possible, it being understood that said modification shall be explained by the Employer/Operator to the Users. MyMove shall explain the reasons of the impossibility to access the modification request, as the case may be.

‍

3.4. White-labelled MyMove Solution

‍

3.4.1. The Employer/Operator can request MyMove to develop a white-labelled and Employer/Operator-branded version of the MyMove Solution, which shall then be directly managed by the Employer/Operator, upon payment of specific fees negotiated between the Parties.

3.4.2. MyMove shall diligently assist the Employer/Operator in fixing any technical issue adversely impacting the use of the white-labelled MyMove Solution and provide assistance to its staff members in case of Users’ questions that cannot be answered by the Employer/Operator.

‍

Article 4: Independence

‍

Each Party is operating, and will continue to operate, on its own behalf, in its own name, with its own trade name, for its own account and at its own risks and nothing in the Agreement is intended or shall be construed to authorize either Party to create or assume any liability or indebtedness of any kind in the name of or on behalf of the other Party or to act for or be responsible for the performance of the other Party in any manner whatsoever.

‍

Article 5: Collaboration between the Parties

‍

5.1. Each Party warrants that it has the right to perform its obligations under the Agreement and to grant the other Party the rights set forth in the Agreement.

‍

5.2. It is hereby acknowledged and accepted by the Parties that either Party may enter into similar arrangements and/or agreements with third parties, that no exclusivity is granted and that nothing in the Agreement shall limit either Party’s right for such cooperation with any third parties.

‍

5.3. Each Party undertakes to collaborate in good faith with the other with a view to the proper performance of the Agreement.

‍

5.4. Each Party shall provide the other with the necessary information to enable the proper performance of the Agreement and shall provide support if needed.

‍

5.5. MyMove shall not be responsible for any obligation existing between the Employer/Operator and the Users having access to said Employer/Operator Fleet nor for any Users’ behaviour.

Article 6: Price and payment terms

‍

6.1. The Employer/Operator shall pay each month fixed fees detailed in the Particular Conditions, such as the “user fee” for each User, and/or the “Vehicle fee” for each vehicle composing the Fleet, and/or the “Support and Platform fee” for the provision of the MyMove Solution. The Parties can agree on any other fees as detailed in the Particular Conditions.

‍

6.2. The first invoice sent by MyMove to the Employer/Operator includes, in addition to the amounts referred to in Article 6.1, the setup costs for the execution of this Agreement for each vehicle included in the Fleet, as detailed in the Particular Conditions (purchase of sharing dongles, installation, vehicle branding and delivery, etc.).

‍

6.3. Unless otherwise specified, all prices are VAT excluded.

‍

6.4. Invoices are sent based on a report prepared by MyMove once a month and must be paid within thirty (30) days.

‍

6.5. Any amount not paid within the contractually agreed time limits, which may be extended by mutual written agreement between the Parties, will bear interest at two (2) times the legal interest rate applicable between enterprises until payment of such unpaid amount. Should the Employer/Operator be in a situation of late payment, it will automatically owe MyMove a flat-rate compensation for costs of collection, the amount of which is fixed in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions and its execution decrees.

‍

6.6. Should there be a disagreement on the amount of any invoice, the Parties shall work together in good faith to settle it. The monthly reports attached to MyMove monthly invoices shall prevail unless the Employer/Operator can prove that a mistake has been made within ten (10) days following the reception of said reports. After such a period, every monthly report shall be definitive.

‍

Article 7: Confidentiality

‍

7.1. Without prejudice to Article 9, neither Party shall disclose to third parties and/or use any received Information, including pieces of Information received prior to the Effective Date – whether or not it was governed by a previously entered into specific non-disclosure agreement - without the prior written permission of the other Party, except to its affiliates, subcontractors, suppliers, agents and advisors working on the execution of the Agreement on a need to know basis, provided that such third parties are bound by confidentiality obligations similar to those contained in the Agreement.

‍

7.2. Each Party shall only use any Information whatsoever for the strict purpose of executing its obligations under this Agreement.

‍

7.3. Information (as defined) shall not, however, include information which the Party can establish:

1. is in the public domain at the time of disclosure or later becomes part of the public domain without breach by the Party of the confidentiality obligations contained herein; or
2. was rightfully in the possession of the Party prior to disclosure hereunder and is not subject to confidentiality obligations between the Parties; or
3. was or is disclosed to the Party by a third party who is not, to the best of Party’s knowledge, bound by any obligation of confidentiality to the other Party; or
4. was or is independently developed by the Party without use or reference to the Information.

‍

7.4. A Party shall have the right to disclose Information of the other Party in accordance with a judicial or other governmental order but shall inform the other Party prior to it.

‍

7.5. Each Party shall use appropriate efforts no less restrictive than used for the Party’s protection of its own confidential and trade secret information, but, in any event no less than reasonable efforts, to safeguard the Information of the other Party and keep it secure.

‍

7.6. Each Party shall return or destroy upon written request of the Party owning the Information all material embodying Information of the other Party that is subject to confidentiality obligations under the Agreement, including all copies of any kind. However, the Party receiving request may retain such Information that is required by mandatory laws or to perform its obligations under the Agreement subject to all confidentiality obligations herein.

‍

7.7. This Article shall survive the end of this Agreement for a period of five (5) years.

‍

Article 8: Personal data

‍

The processing of personal data of Users or any other natural person implicated in the performance of this Agreement shall be done by MyMove acting as a data processor of the Employer/Operator, in compliance with MyMove data processing policy, available on the Website and on the MyMove Solution.

‍

Article 9: Intellectual Property Rights and marketing

‍

9.1. All right, title and interest in and to all Information and to all Intellectual Property Rights, whether or not specifically recognized or protected under applicable law, shall worldwide and in perpetuity vest in and be the sole and exclusive property of the Party owning it on the Effective Date and of the Party creating it after the Effective Date, as the case may be.

‍

9.2. Under no circumstances shall the Agreement involve a transfer of Intellectual Property Rights between the Parties and each Party remains entirely free to use its Intellectual Property Rights. Accordingly, the Employer/Operator undertakes not to register or attempt to register, anywhere in the world, MyMove intellectual property or any other (intellectual) property right with respect the MyMove Solution, or any adaptation, variation thereof, that could be confused with those of MyMove, without the prior written approval of MyMove.

‍

9.3. With regard to the MyMove Solution, whether white-labelled or not, unless with the explicit written prior consent of MyMove, the Employer/Operator shall not:

(i) (try to) change the MyMove Solution or any part(s) thereof, and not (try to), or permit any of its customers, users, employees, directors, representatives, etc., to reverse engineer, decompile, disassemble, modify, adapt, improve or translate the Application and/or any documentation or any component thereof (including but not limited to its source code and/or object code), or create derivative works based on the MyMove Solution;

(ii) remove, obliterate, destroy, minimize, block or modify any logos, Intellectual Property Rights, digital watermarks, or other notices of MyMove that are included in the MyMove Solution, any documentation and/or any component thereof (including but not limited to its source code and/or object code);

(iii) work around any technical or protective limitations in the MyMove Solution, any documentation and/or any component thereof (including but not limited to its source code and/or object code);

(iv) copy the MyMove Solution, any documentation and/or any component thereof (including but not limited to its source code and/or object code) other than as expressly authorized in this Agreement;

(v) use the MyMove Solution, any documentation and/or any component thereof (including but not limited to its source code and/or object code) in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

‍

9.4. The Employer/Operator recognizes the great value of the goodwill (consisting in the whole, intangible, portion of its market value that is higher than its book value) associated with MyMove Intellectual Property Rights and acknowledges that such goodwill belongs exclusively to MyMove. Any and all goodwill arising from the use of MyMove Intellectual Property Rights by the Employer/Operator will inure to MyMove’s sole benefit.

‍

9.5. MyMove hereby grants the Employer/Operator a non-exclusive and non-transferable license, for the duration of this Agreement and subject to its terms and conditions, to use MyMove Intellectual Property Rights in the ordinary course of business, provided that said use does not affect MyMove’s rights under the conditions specified, and only for the use as foreseen under this Agreement, it being understood that MyMove shall remain the owner of the MyMove Intellectual Property Rights and shall have all rights to use and disclose its ideas, concepts, know-how, methods, techniques, processes and skills, and adaptations thereof in conducting its business.

‍

9.6. MyMove represents and warrants that the MyMove Intellectual Property Rights will not infringe upon or violate any Intellectual Property Rights of any third party. MyMove shall defend and indemnify the Employer/Operator against all damages and judgments awarded by a court of competent jurisdiction in each case arising from a third party claim that any MyMove Intellectual Property Right, or its use as permitted in this Agreement, infringes, misappropriates, or violates any patent known to MyMove, any copyright, or any trade secret (each, an “IP Claim”), provided that the Employer/Operator promptly notifies MyMove of such IP Claim and allows MyMove to control the defence and settlement of such IP Claim. Notwithstanding the foregoing, MyMove’s obligations will not apply to the extent that such IP Claim arises from any modification or use of the MyMove Intellectual Property Rights in breach of this Agreement, or any instructions provided by or on behalf of MyMove or any modification or use of the MyMove Intellectual Property Rights in combination with any data, product, service, software, platform, network or other technology not provided by MyMove.

‍

9.7. If the use by the Employer/Operator of any such MyMove Intellectual Property Right, or any portion thereof, is or is likely to be enjoined by order of a court of competent jurisdiction due to an IP Claim, MyMove, at its option and expense, shall have the right to: (i) procure for the continued use of such MyMove Intellectual Property Right; (ii) replace such MyMove Intellectual Property Right with a non-infringing one; or (iii) modify it so it becomes non-infringing; provided that if (ii) or (iii) is the option chosen by MyMove, the replacement or modified MyMove Intellectual Property Right is capable of performing substantially the same function. In the event MyMove cannot reasonably procure, replace or modify it in accordance with the immediately preceding sentence, MyMove may require the Employer/Operator to cease use of such MyMove Intellectual Property Right and MyMove would then refund the fees paid with respect to such MyMove Intellectual Property Right.

‍

9.8. The foregoing provisions constitute the sole and exclusive remedy of the Employer/Operator, and the sole and exclusive obligation of MyMove, relating to an IP Claim.

‍

9.9. Each Party can use the trademark(s), trade name(s) and logos of the other Party for marketing and communication purposes relating to the Agreement, provided that said use is not able to harm in any way whatsoever the image and commercial reputation of the other Party or the Application and can, in its own name and on its own behalf, make publicity on, press release of and reference to the existence of the Agreement and the nature of the cooperation between the Parties. Said use and communications can be realised without a prior written approval of the other Party to the extent it is done without disclosure of the details regarding the Agreement or the execution thereof and without impair public order and morals and the commercial reputation of the other Party.

‍

9.10. Each Party can request the other Party to stop any use or communication that is, in its reasonable opinion, contrary to the above mentioned.

‍

Article 10: Liability

‍

10.1. Both Parties expressly acknowledge that, in connection with the use of the MyMove Solution and any other service or agreement related thereto, MyMove might not be in a position to directly solve some potential problems that would arise during the course of the Agreement and that this type of solutions cannot be totally errors or bugs free. Both Parties therefore expressly agree that MyMove’s liability, as the case may be, should be analysed and assessed on the basis of its means of action.

‍

10.2. Each Party shall defend, indemnify and hold the other Party and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) which arise from any wrongful execution or breach of the Agreement.

‍

10.3. Neither Party shall under any circumstances be liable for any indirect damages, expenses, costs or other losses incurred by the other Party or its affiliate(s) arising under or in connection with the Agreement.

‍

10.4. The Employer/Operator undertakes to defend, indemnify and hold MyMove and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees) which arise from the actions or omissions of its Users.

‍

10.5. The liability of each Party under the Agreement shall in any event be limited to the maximum amount between (i) the amount actually paid by the applicable insurance policy to cover the liabilities, damages, losses, costs and expenses in such case or (ii) 50% of the monthly Agreement value of the month during which the incident causing damage to the other Party occurred. This liability cap applies in aggregate to each and all claims relating to the same incident, under or in connection with this Agreement, whether such claims are made at the same or different times in relation to the Agreement.

‍

10.6. The limitation of liability provided in this Article shall not apply when it is not legally permitted to limit one’s liability nor to breaches of Article 7, of Article 8 or to the liability mentioned in Article 10.4 or in cases of intentional misconduct or gross negligence by the defaulting Party, committed in relation with the performance of this Agreement.

‍

10.7. No action, regardless of form, arising under or relating to the Agreement may be brought by either Party more than one year after the cause of action has accrued, except that an action for non-payment may be brought by a Party not later than two years following the due date of the relevant invoice.

‍

Article 11: Term and termination

‍

11.1. Without prejudice to Article 11.2, this Agreement shall become effective on the Effective Date and shall remain in force for the period provided in the Particular Conditions or, if no such period is provided in said Particular Conditions, for a period of twelve (12) months starting on the Effective Date.

‍

11.2. This Agreement shall be renewed automatically for succeeding terms equal to the term specified in Article 11.1 and under the same conditions unless either Party gives written notice to the other Party at least forty-five (45) days prior to the anniversary date of the Effective Date.

‍

11.3. This Agreement may be terminated with immediate effect by written notice by the non-defaulting Party, without incurring any liability and without prejudice to the right of indemnification of the non-defaulting Party, in the event that (i) the other Party commits a material breach and fails to remedy such breach within twenty (20) Business Days after having been given written notice in respect thereof; or (ii) the other Party is declared bankrupt, is dissolved, or goes or is put into liquidation (otherwise than solely for the purpose of amalgamation or reconstruction) or if a receiver is appointed over any part of such other Party’s business or if any event occurs which under the laws of any jurisdiction has a similar or analogous effect to any of the above events; or (iii) as otherwise set forth in this Agreement.

‍

11.4. Termination of this Agreement shall be without prejudice to the rights and obligations of the Parties which have accrued up to the date of termination. Upon termination, the Employer/Operator shall immediately cease any and all use of the MyMove Solution.

‍

Article 12: Miscellaneous

‍

12.1. Entire Agreement and general terms and conditions

‍

12.1.1. The Agreement forms the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior communications, written or oral, between the Parties, including without limitation any prior non-disclosure agreement between the Parties.

12.1.2. All amendments and modifications to the Agreement shall be made by a written document signed by both Parties.

12.1.3. General conditions and/or any other standard documentation of either Party have been taken into consideration and, as such, shall not bind the other Party in case of inconsistency or conflict with the Agreement unless incorporated by mutual written agreement as part of the Agreement. MyMove user terms and conditions and privacy policy shall however apply to the Users. 

‍

12.2. Notices

‍

Any notice in connection with this Agreement must be in writing and shall be validly given with respect to each Party if sent by registered mail or by an internationally recognised courier company to the persons and addresses referred to in the Particular Conditions, shall be effective upon receipt and shall be deemed to have been received upon delivery (or on the first business day following the date of sending (mentioned on the receipt) if sent by registered mail).

‍

12.3. Severability

‍

If one or several provisions of the Agreement shall be held to be void, illegal, or unenforceable, this nullity, illegality or unenforceability shall not affect the validity, the legality or the enforceability of the other provisions, except if the provisions held to be void, illegal or unenforceable affected the object of the Agreement. Each Party shall negotiate diligently and in good faith a valid provision having a similar effect replacing the void, illegal or unenforceable provision.

‍

12.4. Waiver

‍

The default or the delay of a Party to avail itself of a right or a faculty given by the Agreement or a breach of the other Party cannot, in any case, be considered as or have the effect of a definitive waiver of that Party to avail itself of that right or that breach subsequently.

‍

12.5. Applicable law and disputes

‍

12.5.1.The Agreement shall be governed by and construed in accordance with the laws of Belgium.

12.5.2. Every dispute related to the conclusion, the validity, the interpretation or the performance of the Agreement, or of contracts or subsequent transactions that might result from it, as well as any other dispute concerning, or related to, the Agreement, with no exception, will be submitted to the exclusive jurisdiction of the courts of Brussels.

‍

‍DATA PROCESSING POLICY – MYMOVE‍

MyMove is committed to protect the personal data it processes on behalf of its clients and takes its responsibilities regarding the confidentiality and security of users’ personal data very seriously. 

‍

1. INTRODUCTION 

‍

MyMove SRL/BV, a private limited company incorporated and existing under the laws of Belgium, with registered office at Belvédèrestraat/rue du Belvédère 29, 1050 Ixelles/Elsene, registered with the Legal Register of Entities of Brussels under enterprise number 0776.513.011 (“MyMove”), has drafted this data processing policy (the “Policy”) to detail the data processing activities performed by MyMove when acting as data processor for its clients acting as data controllers (MyMove and the client are hereinafter referred to together as the “Parties” and individually as a “Party”).

‍

2. DEFINITIONS 

‍

In this Policy, when written with a capital letter, the following concepts have the meaning described in this article: 

‍

App

the mobility mobile application, developed, maintained and managed by MyMove, which aims at offering to End-Users a tool allowing them to book and use vehicles of a fleet at their own costs or at the Client’s costs, it being understood that said Application shall be branded MyMove or shall be whitelabelled by MyMove (and then be branded pursuant to the Client’s instructions);

Client

the client of MyMove wishing to benefit from the Services of MyMove and make part or all Services available to End-Users (being a employer, a car rental company, a client benefiting from a white-labelled version of the App, etc.);

Controller 

the person or entity, being the Client, determining the purposes and means of the Processing of Personal Data;

Data Subject

the natural person being a End-User, to whom the Personal Data  processed as described in this Policy belongs, as further identified in Annex I; 

Data Breach

unauthorised disclosure, access, abuse, loss, theft or accidental or unlawful destruction of Personal Data;

End-User

each natural person linked to the Client that is allowed to use the services of MyMove;

Personal Data

any information relating to an identified or identifiable natural person (i.e. the Data Subject) whereas an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Privacy Legislation

the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (‘GDPR’) and all applicable national laws regarding the implementation of the GDPR and all future legislative changes and amendments/revisions thereof.

Process/Processing

any operation or set of operations which is performed upon Personal Data or sets of Personal Data, whether or not by automated means, including, but not limited to: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data;

Processor

the person or entity, being MyMove, which Processes Personal Data on behalf of the Controller;

Ops Dashboard

the platform developed by MyMove, used mostly by the Client or its fleet manager to manage the shared fleet and the bookings of the End-Users (e.g. to create bookings, to set some vehicles as unavailable for maintenance, etc.);

Services

all services provided by MyMove to the Client implying the Processing of Personal Data, including but not limited to: providing a right of access to the Ops Dashboard, a license to the App and all support related thereto;

Sub-Processor

any sub-processor engaged by MyMove. 

‍

This Policy includes the following annexes: 

‍

Annex I

overview of (i) the Personal Data which the Parties expect to be subject of the Processing activities described in this Policy, (ii) the categories of Data Subjects which the Parties expect to be subject of the Processing activities described in this Policy, the (iii) retention period for each Processing; and (iv) the use (i.e. the way(s) of Processing) of the Personal Data, the purpose and means of such Processing;

Annex II 

overview and description of the security measures taken by MyMove in order to protect the Personal Data that are being Processed during the performance of the Services.

3. USES OF THE SERVICES

‍

Parties agree that: 

‍

• in accordance with the Privacy Legislation, the Client shall be considered the ‘Controller’ and MyMove the ‘Processor’; 

‍

• the Client is responsible for the material and/or data provided to MyMove, either directly or by the Data Subject, and shall ensure that they comply with the Privacy Legislation;

‍

• the Client can make adjustments and/or changes to the Personal Data provided and MyMove shall never adjust these Personal Data itself, unless the Client requests MyMove to do so;

‍

• MyMove provides the Services but the Client is responsible to determine how and to what extent it makes use thereof;

‍

• the Client is responsible for all acts and omissions of the End-Users (i.e. in case the End-User does (not) take sufficient measures to protect its account on the App/Ops Dashboard).

‍

4. PROCESSING ACTIVITIES

‍

1. The Client acknowledges that as a consequence of making use of the Services, MyMove shall Process some Personal Data.

‍

2. MyMove shall always Process Personal Data in a proper and careful way and in accordance with this Policy, the Privacy Legislation and other applicable rules concerning the Processing of Personal Data.

‍

3. MyMove assures that it shall only Process Personal Data upon the Client’s request and in accordance with the latter’s instructions unless any legal obligation states otherwise.

‍

4. The Client keeps full control concerning the following: (i) how Personal Data must be Processed by MyMove, (ii) the types of Personal Data Processed, (iii), the purpose of Processing, and (iv) the fact whether such Processing is proportionate.

‍

5. SECURITY OF PROCESSING

‍

MyMove takes the security of its Processing activities very seriously. Taking into account the state of the art, MyMove implements appropriate technical and organisational measures as set forth in Annex II.

‍

6. SUB-PROCESSORS 

‍

1.  The Client agree that MyMove may engage third-party Sub-Processors in connection with the performance of the Services and the associated Processing activities. In such case, MyMove shall ensure that the Sub-Processors are at least bound by the same level of obligations as MyMove under this Policy.

‍

2. The current Sub-Processor(s) are listed and detailed here: MyMove sub-processors.pdf - Google Drive.

‍

MyMove shall update this list whenever there is a change (e.g., a new Sub-Processor was added, a Sub-Processor was substituted, etc.) and will notify the Client when significant changes are made. 

‍

3. If the Client wishes to object to a new Sub-Processor designation, it must notify MyMove in writing within thirty (30) days after the list was updated and explains the reasons of its objection.

‍

In case of a reasonable objection, MyMove will use reasonable efforts to (i) make available a change in the Services or (ii) recommend a commercially reasonable change to the Client’s use of the Services to avoid Processing of Personal Data by the objected new Sub-Processor without unreasonably burdening the Client. If MyMove is, however, unable to make available such change within a reasonable period of time (which shall not exceed thirty (30) days following the Client’s objection), the Client may terminate the Services which cannot be provided by MyMove without appealing to the objected new Sub-Processor, provided said termination is notified within a reasonable period of time (which shall not exceed thirty (30) days following the MyMove’s answer to the Client’s initial objection).

‍

4.  MyMove takes responsibility for the acts and omissions of its Sub-Processors to the same extent as if it would be performing them itself, directly under the terms of this Policy.

‍

5. Should any Sub-Processor Processes Personal Data in execution of this Policy in a third country or international organization not recognized by an adequacy decision, any transfer shall comply with the Privacy Legislation and every such Sub-Processor shall be subject to an assessment by MyMove to determine if there is anything in the law and/or practices in force in the concerned third country or international organization that may infringe the Privacy Legislation principles. 

‍

Where required on the basis of aforementioned assessment, MyMove shall identify and implement appropriate supplementary measures to govern any Personal Data transfer to such Sub-Processor to ensure the Processed Personal Data is offered the level of data protection as required by the Privacy Legislation and shall take all reasonable efforts to oblige such Sub-Processor to implement sufficient guarantees and measures to protect the Personal Data.

‍

7. TRANSFER TO THIRD PARTIES 

‍

In case of integration with fleet management systems or mobility budget management systems, the Client requests MyMove to transfer some Personal Data to third parties in order to enable the correct execution of the requested Services and the services requested from these third parties. 

‍

8. CONFIDENTIALITY 

‍

1. MyMove shall maintain the Personal Data confidential and thus not disclose nor transfer any Personal Data to third parties without the Client permission unless when such disclosure and/or transfer is required by law or by a court or other government decision (of any kind). In such case MyMove shall, prior to any disclosure and/or announcement, inform the Client, if legally possible, in full transparency on the scope and manner thereof.

‍

2. MyMove shall ensure that its personnel, engaged in the Processing of Personal Data, is informed of the confidential nature of said Personal Data, are well aware of their responsibilities and are bound by written confidentiality agreements.

‍

3. MyMove shall ensure that the access of its personnel to the Personal Data is limited to such personnel performing the Processing of Personal Data in accordance with the Policy.

‍

9. NOTIFICATION

‍

MyMove shall use its best efforts to inform the Client as soon as reasonably possible when it:

‍

• receives a request for information, a subpoena or a request for inspection or audit from a competent authority in relation to the Processing of Personal Data under this Policy;

‍

• receives any type of request or right exercise from a Data Subject in relation to the Processing of Personal Data under this Policy, it being understood that MyMove shall not respond to said request or right exercise (except to acknowledge its receipt) without the Client prior consent;

‍

• determines or reasonably suspects a Data Breach has occurred in relation to the Personal Data, in which case MyMove shall provide the necessary assistance to enable the Client to respect its reporting obligations under the Privacy Legislation and shall take the appropriate remedial actions to make any Data Breach cease and to prevent and/or limit any future Data Breach.

‍

10. RIGHTS OF DATA SUBJECTS 

‍

The Client is responsible towards Data Subjects and must assist them as required by Privacy Legislation. Only if the Client does not have the ability to assist the Data Subjects itself, as required by Privacy Legislation, MyMove shall offer its reasonable assistance to the Client.

‍

11. LIABILITY 

‍

1. Parties are each individually liable towards the authorities and/or Data Subjects for claims and/or fines that are the result of their own breach of or non-compliance with (i) the provisions of this Policy and/or (ii) the Privacy Legislation or other applicable rules concerning Personal Data. MyMove and the Client accept to indemnify each other in this regard should the other Party suffer from said breach or non-compliance.

‍

2. All provisions on liability in the agreement concluded between the Parties in relation to the Services shall also apply to any breach or non-compliance as referred to in this article.

‍

12. RETURN AND DELETION OF PERSONAL DATA 

‍

1. The Client can request at any moment MyMove to return or delete any Processed Personal Data provided that said request may have an impact of the Services, as further described by MyMove upon request by the Client. The Client can also request at any moment MyMove to transfer Processed Personal Data to third parties, for example for the management of a mobility budget.

‍

2. The Personal Data Processed by MyMove in relation to Services linked to car rental are in principle kept for two (2) years after said Services as to take into account the statute of limitations on traffic violations.

‍

3. In case a Data Subject’s profile is being removed from the Ops Dashboard/App by the Client, all Personal Data relating said Data Subject shall be deleted or anonymized after one (1) month save for the Personal Data referred to in Article 11.2 above.

‍

4. At latest twelve (12) months after the termination of their contractual relationship, MyMove shall return or delete any Processed Personal Data pursuant to this Policy. In case the Client does not request their return in due time, the Processed Personal Data shall be deleted or anonymised. Should the Client request for their return, MyMove shall determine the format of the export of said Personal Data. 

‍

5. As soon as the retention periods referred to in this Article end, MyMove shall delete or anonymise the Personal Data and the anonymized Personal Data shall then solely be used for improvement of the Ops Dashboard/App and statistical purposes. 

‍

6. All duration periods are subject to be extended if the concerned Personal Data are not "clear from conflicts". For instance, if a damage is contested, or if a traffic violation is challenged by the End-User, the retention of the related Personal Data is extended to cover the judicial proceedings, until courts have ruled or parties have reached an agreement, all recourses are exhausted, and all costs or expenses are recovered. 

‍

7. All the foregoing does not apply, and MyMove may therefore continue to retain the Personal Data if – and only to the extent that – it is required to do so pursuant to a legal obligation imposed on MyMove. 

‍

13. CONTROL 

‍

MyMove shall provide the Client with all information that is reasonably required to allow verification of MyMove compliance with the provisions of this Policy. In this respect, MyMove shall allow the Client to carry out reasonable inspections – such as but not limited to an audit – and provide reasonable assistance thereto, at the costs of the Client.

‍

14. TERM

‍

This Policy shall remain applicable as long as the contractual relationship between the Parties in relation to the Services has not come to an end.

‍

15. UPDATES

‍

This Policy may be updated from time to time by MyMove, in which case MyMove shall notify the Client through the App and through the Ops Dashboard. In any event, the latest version of this Policy can always be accessed on the MyMove website, as well as on the App and on the Ops Dashboard.

‍

16. CONTACT | DPO 

‍

MyMove has appointed a Data Protection Officer (or “DPO”) to ensure its compliance with Privacy Legislation. If you have any questions with regard to this Policy or the manner in which MyMove Processes the Personal Data, please contact MyMove DPO via email at privacy@mymove.co. 

‍

Annex I – Processing activities

‍

1. DESCRIPTION OF THE PROCESSING ACTIVITIES 

‍

CLIENT AND END-USER ONBOARDING & LIFECYCLE MANAGEMENT (OPS DASHBOARD / APP)

‍

1. OPS DASHBOARD

Purpose:

Managing the accounts of the Client, its designated representatives and the End-Users on the Ops Dashboard, from onboarding (creation of the account) on the Ops Dashboard until offboarding.

Data Subjects: 

Client’s representatives and End-Users

Personal Data: 

✔

First name

✔

Last name

✔

Email address

✔

Company name

Retention: 

For the duration of the Services and six (6) months after. 

2. APP

Purpose:

Managing the accounts of the End-Users in the App, from onboarding (creation of the account) on the App until offboarding.

Data Subjects: 

End-Users

Personal Data: 

✔

First name

✔

Last name

✔

Email address

✔

Phone number

✔

Device OS

✔

Mobile App version used

✔

GPS Location (when activated by the End-Users)

Retention: 

For the duration of the Services and six (6) months after and, in any case, the Personal Data related to a booking are kept for two (2) years after said booking to account for statute of limitations on traffic violations.

1. BOOKING CREATION / VEHICLES USAGE

‍

Please note that the descriptions and retention terms provided below only relate to the Personal Data stored and processed by MyMove within the App or Ops Dashboard. MyMove has no control over the Processing of Personal Data transferred to third parties as described in this Policy that are not sub-processors.

Purpose:

Booking and use of vehicles through the App. 

Data Subjects: 

End-Users of the App 

Personal Data:

On top of the Personal Data Processed for the onboarding and lifecycle management:

✔

Home address (when required)

✔

Legal name (for pro account)

✔

VAT number (for pro account)

✔

Registered address (for pro account)

✔

ID data (when required)

✔

Driver license data (when required)

✔

Live selfie (when required)

✔

Credit card data (when required) 

Retention: 

For the duration of the Services and six (6) months after and, in any case, the Personal Data related to a booking are kept for two (2) years after said booking to account for statute of limitations on traffic violations.

‍

SUPPORT

‍

1. USER SUPPORT 

‍

Purpose: 

Providing support to the Client and/or End-Users regarding (the use of) the Ops Dashboard and/or App on a regular basis and/or upon specific request.

Data Subjects:

End-Users of the App and the Ops Dashboard

Personal Data: 

✔

First name

✔

Last name

✔

Email address

✔

Phone number

✔

Device OS

✔

Mobile App version

✔

App usage (pages visited, links opened, etc.)

Retention: 

Until closure of the support request. Data may be further retained in anonymized / statistical format for development and service optimization purposes.

2. BUG FIXES 

‍

Purpose:

Analysing and fixing detected bugs in the App.

Data Subjects:

End-Users of the App and Ops Dashboard

Personal Data: 

✔

Device / phone information (category, brand name, model name, marketing name, operating system (version))

Retention: 

Until closure of the bug fix has been completed. Data may be further retained in anonymized / statistical format for development and service optimization purposes.

‍

2. THE USE (= WAY(S) OF PROCESSING) OF THE PERSONAL DATA AND THE PURPOSES AND MEANS OF PROCESSING 

‍

USE OF PERSONAL DATA

‍

✔

Collect

✔

Align, combine and create

✔

Store

✔

Consult

✔

Structure and analyse

✔

Transfer

✔

Retrieve

✔

Update

✔

Erase and destroy 

‍

MEANS OF PROCESSING

‍

✔

Ops Dashboard

✔

App

✔

Electronic communication such as emails, customer service

✔

Third party software (Sub-Processors)

‍

PURPOSE

‍

✔

Hosting the Ops Dashboard

✔

Maintaining the Ops Dashboard / App

✔

Supporting the End-User in case of problems / requests

✔

Enabling End-Users and Clients to book vehicles.

‍

Annex II – Description of security measures

‍

This document gathers elements of the security context of MyMove. It elicits security objectives, regulation and policies as well as environment threats.

‍

It will be reviewed on a regular basis and will in particular serve as a support for new systems integration and for new features analysis. 

‍

MyMove is currently in the process of getting the ISO 27001 certification meaning there is no strict compliance yet but MyMove aims to follow its principles.

‍

1. SECURITY OBJECTIVES 

‍

MyMove lists here the security objectives that MyMove technical team aims to reach. Those objectives are divided in three categories: confidentiality, availability and integrity. 

‍

1. CONFIDENTIALITY 

‍

Confidentiality consists in restricting information access and disclosure to only authorized persons according to their role and function and putting in place means for protecting Personal Data, privacy and proprietary information. As such:

‍

• Clients: Clients can only access the Personal Data of the End-Users related to them through authenticated session
• End-Users: End-Users can only access their own data through authenticated session
• MyMove employees: by default MyMove employees have no access to End-Users Personal Data to the exception of employees with support role to answer End-Users questions and requests
• Sub-Processors: by default Sub-Processors have only access to End-Users Personal Data required for them to perform the services requested by MyMove
• External: no external party should be able to access End-Users Personal Data unless with the prior written consent of the Client and/or the End-Users

‍

1. AVAILABILITY 

‍

Availability consists in ensuring timely and reliable access to and use of information, in compliance with MyMove objectives, meaning that the Ops Dashboard and the App shall be highly available as they are intended to be used at any time by many End-Users and health checks and errors monitoring are set and trigger alarms notifications on anomaly detection.

‍

2. INTEGRITY 

‍

Integrity consists in guarding against improper information or destruction and includes ensuring information non-repudiation. MyMove data is expected to be:

‍

• Attributable: data ought to demonstrate who handled it, when it was operated and used, and what it is about;
• Legible: data ought to be simple, stored permanently and the source should be preserved;
• Contemporaneous: data ought to be recorded as it was operated or used, and at the time it was executed;
• Original: data ought to be accessible and protected in its original form.
• Accurate: there should be no errors on the data.

‍

2. ENVIRONMENT THREATS 

‍

MyMove lists and classifies here the potential threats to which MyMove could be exposed. The objective is to help feature and development options evaluation regarding security.

‍

MyMove integration is threatened by its environment for its attractiveness on the following points:

‍

• access to End-Users’ data
• access to provider service - free ride
• achieve money laundry.

‍

MyMove’s offering is exposed on the following points:

‍

• as a mobile application
• as a public API
• as a web hosted solution.

‍

MyMove integration can be under risk from the following actors:

‍

• internal by accident
• internal with malicious intent
• external by accident
• external with malicious intent.

‍

Finally, MyMove integration has to mitigate risk on those typical information system categories of threats:

‍

• destruction of information
• corruption of information
• theft of service
• disclosure of information
• denial of service
• elevation of privilege.

‍

3. SECURITY

‍

MyMove Ops Dashboard implements security by design. In terms of confidentiality, MyMove ensures to only give access to data for which the person having access is authorized by their role. In terms of integrity, MyMove check data for unwanted tampering or alteration. In terms of availability, MyMove provide data to Data Subjects when required or requested. More specifically, MyMove set as an internal practice to follow OWASP security principles:

‍

• Minimal attack surface area: during the conception phase as well as the implementation, MyMove analysts and developers pay attention to reduce as much as possible impact and scope of the code involved in a new feature.
• Secure defaults: by default MyMove has set high standards in terms of password and authentication, notably relying on two factor authentication.
• Least privileges: MyMove developers make sure that specific people and roles on its servers are limited to the strict necessary privileges.
• Defense in depth: any action in MyMove control interface is log in audit trail, enabling traceability of access and actions per any individual or system.
• Fail securely: by design MyMove code includes the more restricted privilege and data access as fallback scenario in case of failure.
• Distrust services: MSP services are the gatekeepers of any data that comes to MyMove Ops Dashboard and ensure compliance of data before any propagation to internal services.
• Separation of duties: MyMove ensures strict separation of duty, notably on the superuser of MyMove control interface that can only act on the systems at system level or for action to correct issue at user level. Superuser has no access to any system that would enable expense or fraudulent usage on behalf of a user.

‍

4. RELIABILITY AND STABILITY OF THE OPS DASHBOARD AND APP

‍

MyMove development team is committed to provide code and architecture for the Ops Dashboard/App following principles that lead to high standards of quality and security. All platform changes are reviewed by peers through git. MyMove applies a pull request approach to merge code on master branches to force peer review and therefore increase quality and reduce potential bugs. All the code before being merged is functionally tested (automated testing). Code editors of every developer are running code linters that forces alignment of formatting.

‍

MyMove implements alerts and monitoring solution to reduce risk and time of unavailability of the Ops Dashboard/App. These measures mitigate the risk of severe degradation of the Services. By design, MyMove implements its API for the App to support degraded mode and therefore limits impact on user side in case of incidents at Ops Dashboard level. As mentioned in the scalability section, MyMove infrastructure as code approach makes it easier to scale up and down to react to peaks of activity without degrading the user experience.

‍

MyMove recovery procedure allows to get the whole infrastructure stack and data back online in a matter of minutes, relying on 3 principles:

‍

• the data back-up are scheduled on high frequency and safely stored on distributed and reliable cloud storage;
• the whole infrastructure is defined by configuration files, which means a fully working environment can be spawned by applying the complete set of configurations files;
• the procedure to follow is automated in scripts and fully documented.

‍

To ensure stability of the system, MyMove development process follows the principles of continuous integration and deployment. Concretely, MyMove implements unit and functional tests with adequate coverage. Those tests are run in a CI/CD mode at each build of a service and deployment of the service. Furthermore, functional tests run via a test runner are executed by MyMove CI/CD solution to validate each deployment and prevent regression.

‍

1. SCALEABILITY 

‍

As MyMove solution is deployed on Cloud services, MyMove benefits from the ability to scale horizontally (adding more servers) and vertically (increasing CPU/RAM power) on demand and automatically based on configurable thresholds.

‍

2. ACCESS PROTECTION 

‍

MyMove load balancer is configured to only allow https connection to MyMove private VPC. Between them, the services are communicating on the internal network and do not expose any public IP. The load balancer in front of MyMove cluster is of layer type 7. Therefore, no direct network access is possible to the services.

‍

All credentials and sensitive information are encrypted and stored in cloud secrets. Only related services have access to these secrets using a dedicated role.

‍