Privacy policy

Original document: https://www.damoov.com/privacy-policy/

Privacy Policy

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and its parents, subsidiaries, and affiliates
Updated: Date of the latest policy update

User Content and personal and sensitive information

You (an app user) may post, upload or submit images, photos, audio, video and/or other types of content in connection with the Services (“User Content”). You are solely responsible for all User Content, including all third party approvals, consents, and authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including but not limited to Datamotion’s client, clients of Datamotion’s client, and third party service providers. User Content should not contain copyrighted or trademarked content or material of any third party or audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for User Content. an app user remains the owner of your User Content. By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to Datamotion (and/or the clients of Datamotion) a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice. You are solely responsible for User Content. Datamotion does not and cannot review all User Content. Datamotion reserves the right to delete, move, or edit User Content that is, in Datamotion’s sole discretion, deemed to: (i) violate these Terms; (ii) violate copyright or trademark laws; or (iii) be abusive, defamatory, obscene, or otherwise unacceptable. Datamotion does not aim to collect personal information (excluding Location and other data from smartphone sensors), in case if this information was provided or captured, this information is used only to carry out the obligations arising from providing and improving our services and for the other uses described in this Privacy Policy below. This section describes the types and categories of personal information we may receive or collect, and the next section of this Privacy Policy below describes how we may use that information.

Information provides us by users or clients. When you download a mobile application developed by Datamotion and related companies, sign up Sandbox account, or Datahub account, or contract for the Service, we may receive or collect one or more of the following items: name, address, email address, company name, market vertical, country, telephone number, account password, payment information, credit card information and other billing data. For example, you may provide personal information directly to us in connection with signing up, registering or interacting with DataMotion or our partners/clients through the use of the Service, when you set up an account for services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Service.

Client customer data. Client Customer Data consists of personal and non-personal information collected from Client Customers as a result of using Client Services that is then received or collected by Company in connection with the Services (“Client Customer Data”). You agree not to provide or arrange for us to access— through the use and implementation of our Services or otherwise— any Client Customer Data that we are not permitted to use in accordance with this Privacy Policy, other applicable agreements, or any applicable law. As a result of your use of the Service, we may collect the following Client Customer Data: an individual’s gender, city or state of residence, age, characteristics, driving behavior, driving locations and driving activities as well as data regarding particular trips one has taken, types of vehicles used and similar information. We collect, receive, and store non-identifying data when you directly provide it to us through the Services, or when a Client Customer provides it through the use of Client Services that employ or are connected to the Services. Client may choose to share additional Client Customer Data with us, such as name, email address, and other information, which will then identify the user associated with the Client Customer Data.

Information We Automatically Collect. We may receive, collect, generate and store certain types of information whenever you use the Service, as well as when Client Customers use the Client Services or otherwise interact with us. For example, one of our applications or Services may collect data regarding driving activities or behavior and our Services may then analyze such data and generate derivative data or aggregated data as well as reports and other output. As another example, we may automatically record your activity when using the Service such as the time and date of your activities, your IP address, browser type, Internet Service Provider, page views, domains, operating system, and similar information. Also, we may automatically send and receive information to and from a computer, mobile phone or other devices in connection with the use of the Services. Like many websites and online services, we may also use “cookies” (see the below section titled “Our Use of Cookies” for more information), log files, web beacon technologies, and other automated tools to obtain certain types of information when a web browser, mobile application or other applications accesses the Services. This information helps us provide the Service and design and improve the Service to better help our users.

How Is Information Used?

Company may use the information submitted, collected, received or generated from or about you or Client Customers for any of the following purposes: We receive and analyze smartphone location data to detect the start and stop of driving. Once the system detects driving, the mobile application or Telematics SDK as a part of mobile application starts recording trip data (Telematics data related to precise trip) such as Location, speed, time, accelerometer data, gyroscope data. Collected data is used for further analysis described below:

Interpret collected telematics data into vehicle movements data including driving behavior, location, trips, and points of interest.
To operate, provide, administer, develop, and improve the Service, as well as to operate and support the Company’s related businesses;
To better understand how you and Client Customers access and use the Services on an aggregated and individualized basis, to track and monitor usage, to conduct quality control, to fix technical and other errors or problems, as well as to conduct market research and to respond to user desires and preferences;
To analyze, compile, publish, sell and otherwise similarly commercialize information (other than personal information unless de-identified or anonymized), including without limitation derivative information and analyses, relating to usage and users of the Services. The foregoing includes, for example, the distribution or sale by Company of aggregate or de-identified or non-identifying data or the use of de-identified or non-identifying data to provide products or services to third parties;
To provide personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to the usage of our Services;
To provide user support and handle inquiries;
To communicate with or contact you concerning the usage of or participation in the Services, and for other customer service purposes; this could include the use of e-mail addresses to send messages and notices for the purposes described above and below;
To offer content, services, or other products and services, including to develop new services and products;
To comply with applicable laws, rules and regulations and any regulatory mandate or court order;
To enforce our Terms of Service, as well as other applicable agreements, rights, and remedies;
To protect the safety of any person, to address fraud, security or technical issues, or to protect the Company’s rights or property;
To use in any other manner, or for any other purpose, for which you have given permission or consent to Company.

When Is Information Shared Or Disclosed?

Information provided by our users is an important part of our business. Company will share and disclose information submitted, collected, received or generated from or about you or from or about Client Customers only as compatible with the purposes described in this Privacy Policy and as permitted by law. You are responsible for ensuring the legal basis for processing and obtaining any required consent from your Client Customers and providing such notice to your Client Customers as part of your use of the Service. Information is shared with or disclosed to others as follows:

Aggregated Data and Anonymous Data: Company may publish and otherwise disclose on an aggregated basis, information (including derivative information and analyses) relating to usage and users of the Services. Company may also publish and disclose information that does not contain personal information or is de-identified and not connected to the name of an individual or entity nor connected to similar information that would allow one to be specifically identified or contacted;
Company Affiliates: We may share your and your Client Customer Data with our subsidiaries and other affiliates, but only if those entities are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy;
Public Forum: Any User Content or other user information, content or materials submitted, posted, shared, transmitted or otherwise provided to public portions of the Service may be shared with the public without restriction. Company also reserves the right to publish or make publicly available any information that is already publicly available prior to the time first provided to or collected by Company or information that becomes publicly available without any action or omission on the part of Company;
Contractors, Collaborators and Agents: We may employ other companies and individuals to perform functions or services for Company or otherwise act on our behalf. Examples include resolving service problems, hosting websites or software, correcting errors related to the execution of the Services, sending postal mail and e-mail, analyzing data, providing marketing assistance (including data concerning marketing and promotional programs), developing websites and software, providing customer service, assisting Company with providing, administering, developing or improving the Services, as well as for other purposes within the ordinary course of business. These third parties may have access to the personal information and other information needed to perform their functions on our behalf. We use reasonable efforts to require these companies to (1) provide adequate protections for personal information that are no less protective than those set out in this Privacy Policy and (2) use personal information only for the purposes for which the third party has been engaged by us. We are not liable for the acts or omissions of these third parties, except as provided by applicable law;
Business Transfers and Collaborations: As we continue to develop our business, we might sell the Company or its business or assets or sell or buy online sites, services, subsidiaries, or other businesses; or we might collaborate or partner with other companies in strategic transactions, business arrangements or licenses. In such transactions, customer and user information and information regarding usage of the Services (including without limitation Client data, User Content and Client Customer Data) generally would be one of the transferred business assets or otherwise one of the components of, or involved in, the transaction; we may therefore share this information in connection with such transactions or arrangements;
Compliance with Law and Protection of Company and Others: We reserve the right to disclose personal information and any other information when we believe release is appropriate to comply with the law, judicial proceeding, court order, subpoena or other legal process; detect, prevent, or otherwise address fraud, security, emergency situations or technical issues; enforce or apply our TOU, Terms of Service and other agreements, rights and remedies; or protect the rights, property, or safety of Company, our employees and contractors, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction purposes.

The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage, and disclosure of such information by these third parties is subject to their own privacy policies.

PERSONAL AND SENSITIVE INFORMATION IN CASE IF WE RECEIVE FROM OUR CLIENTS OR APP USERS, OR COLLECT ANY PIECE OF SENSITIVE OR PERSONAL DATA, DATA MOTION AND AFFILIATED PARTIES MUST NOT:

Extend usage of received data and use it above the purpose described in the part “How is the information used”
Handle all personal or sensitive user data securely, including transmitting it using modern cryptography (over HTTPS).
Use a runtime permissions request whenever available, prior to accessing data gated by Android permissions.
Not sell personal or sensitive user data.