Terms of Use

This page contains the Terms of Use for using Fynch. Additional terms and conditions apply to the Fynch shop. View the general terms and conditions here.
1. General
Welcome to Finch! Fynch is the app that rewards sustainable travel. These terms of use (“Terms of Use”) describe the conditions under which the application Fynch (hereinafter: “the App”) can be used. The App is owned by Fynch Smart Mobility (hereinafter: Fynch) established in Utrecht, a trade name of BusinessConcern B.V. Fynch is either the processor or the controller of your personal data within the meaning of the privacy legislation (GDPR), depending on whether Fynch processes your personal data on behalf of (processor) or independently (controller).
2. Applicability and Changes
2.1 These Terms of Use apply to your use of the App. Fynch has the right to unilaterally change these Terms of Use. You will be informed in good time about the changed terms and conditions via an update, a message from the App or an e-mail message.2.2 Fynch has the right at all times to adjust the App, to change or delete data, to limit the use of the App or to deny access to the App in whole or in part, temporarily or permanently. Fynch will inform you about this in a timely and appropriate manner.2.3 Fynch has the right at all times to change the terms of the coin program and to cancel the coin balance. You will be informed about this at least 3 months in advance.

 

3. Using the App

3.1 You are responsible for correct and careful use of the App. You must refrain from unauthorized or careless use of the App. In particular, you should:

  • fill in the information truthfully.
  • treat personal login codes confidentially and keep them secret from other people.
  • not to use the App for acts and/or conduct that are contrary to applicable laws or regulations, morality, public order or rights of third parties. Under no circumstances is it allowed to add data, documents or files to the App that have illegal or offensive (including sexist, pornographic, racist or discriminatory) content or (otherwise) infringe the privacy of third parties.
  • not to use the App in such a way that its (correct) functioning is prevented, security is breached or damage is caused to Fynch, the App or third parties.
  • not to spread viruses through the App, or otherwise disrupt devices or systems, of Fynch or other users of the App.
  • to observe the good name and reputation of Fynch at all times and to ensure that the use of the App does not in any way damage the rights and/or reputation of Fynch.
  • follow all Fynch directions and regulations for using the App. If you act in violation of these Terms of Use, Fynch has the right to take any measures that Fynch deems necessary, such as suspending or terminating access to the App or recovering any damage or costs from you.

3.2 You may not grant third parties access to the App, make it available to third parties, sell, rent, decompile, reverse engineer or modify the App without the prior written consent of Fynch. Nor may you remove (or have someone remove or have circumvented) technical provisions intended to protect the App.

 

4. Intellectual Property Rights

4.1 All intellectual property rights and/or comparable rights to the App, including the underlying software, texts, images, video and sound fragments, are held solely and exclusively by Fynch, or by Fynch’s licensors. Ownership of any data added by you to the App remains with you.

4.2 Fynch grants you a non-exclusive, non-sublicensable and non-transferable license to use the App within the framework of the objectives formulated by Fynch. It is not allowed to use the App for other purposes.

 

5. Liability

5.1 The App has been compiled with the greatest care. However, Fynch cannot guarantee that the App will always be available or will work without interruption, errors, viruses, malware or defects and that the information provided is complete, correct or up-to-date. Fynch reserves the right to temporarily or permanently discontinue the App (unannounced), without you being able to derive any rights from it.

5.2 Fynch is not liable for damage or injury resulting from the use of the App, unless the damage or injury is the result of intent or gross negligence on the part of Fynch. Fynch is never liable for indirect or consequential damage, such as lost turnover or income. You indemnify Fynch against all possible claims from third parties as a result of the use of the App. 
6. Privacy StatementFor your convenience, here is a summary of the privacy terms of the App. Fynch’s full privacy statement can be found HERE.6.1 Which personal data are processed?

Below you will find an overview of the personal data that Fynch may process from you. Fynch does not always have all the information listed below. This depends on the product you are using.

  • First and last name
  • Sex
  • E-mail address
  • IP address of a website visitor
  • License plate of the vehicle you use
  • Mobility data (car, bicycle, walking, public transport or air travel)
  • Location data
  • Fuel card and Mobility card transactions
  • Damages and fines
  • Payment details such as bank account number or activation code
  • Employer details such as employer name, employee number, department name

6.2 What is your personal data used for?

Fynch processes your personal data for the following purposes, depending on the product used by you:

  • Analyzing the driving or travel behavior of participants in our programs and training, for example to promote sustainability and safety
  • Reporting results and analyzes to the client and/or the user
  • To offer the user the possibility to create an account
  • Make the user pay and invoice
  • To be able to e-mail the user if this is necessary for the execution of the services of Fynch
  • Inform the client of Fynch and the user about changes to our services and products
  • To be able to send you gifts from the Fynch shop when you exchange coins at Fynch

6.3 How long will your personal data be used?

Fynch does not store your personal data for longer than is strictly necessary to achieve the purposes for which your data is collected, unless Fynch is legally obliged to keep certain data for longer.

6.4 How does Fynch secure your personal data?

Fynch protects your personal data with measures against misuse, unauthorized access, disclosure, alteration and destruction. The system environment of the App is digitally secured in accordance with prescribed guidelines and is continuously monitored. The personal data is stored and processed in a well-secured data center in Western Europe.

6.5 Who uses your personal data?

Fynch may share your personal data with our clients or other third parties, provided this is compatible with the above-mentioned purposes. Provision to parties other than our client may be necessary for the performance of an agreement that Fynch has concluded with you, necessary for the representation of a legitimate interest of Fynch, or necessary to comply with any legal obligation resting on Fynch.

Fynch concludes a processing agreement with companies that process your data on our behalf, for example a hosting company, to ensure the same level of security and confidentiality as Fynch itself applies. Fynch remains responsible for these processing operations. Your data will never be sold or shared with third parties for commercial purposes, unless you give explicit permission for this.

6.6 Right of inspection, right to correction and right to object

Of course you always have the right to inspect the data stored about you and you can withdraw your permission for the use of your personal data. You can also instruct us to change or delete your personal data. If you have any questions or comments regarding the way Fynch handles your personal data, you can contact:

Fynch Smart Mobility
The Corridor 5c
3621 ZA Breukelen
infosupport@fynchmobility.com

6.7 Automated decision making

The App can make decisions based on automated processing on matters that may have consequences for individuals. These are decisions taken by computer programs or systems, without involving a person (for example a Fynch employee). The App uses the following computer programs or systems for this:

  • Automatic sensing lib system (track and trace)
  • The system automatically analyzes your trips. Trips are labeled as bicycle, car, foot, train, public transport, plane, ferry, unknown or other. The trips are also automatically labeled as private, commuting or business.
  • You must check and possibly correct your trips yourself and you are therefore responsible for the correctness thereof.

6.8 View, correct or delete

You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data. You have the right to data portability. This means that you can submit a request to Fynch to send the personal data that Fynch has about you in a computer file to you or another organization mentioned by you.

You can send a request for access, correction, deletion, data transfer of your personal data, request for withdrawal of your consent or objection to the processing of your personal data to support@fynchmobility.com.

To ensure that the request for access has been made by you, Fynch asks you to submit the request for access via the email address with which you also created an account in the app. This is to protect your privacy. Fynch will respond to your request as soon as possible, but at the latest within six weeks.

Fynch would also like to point out that you have the opportunity to file a complaint with the national supervisory authority, the Dutch Data Protection Authority.

6.9 Cookies

A cookie is a small text file that is stored on your computer, tablet or smartphone when you first use the App. You can opt out of these cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information that was previously stored via the settings of your browser.

The App uses the following cookies:

Functional cookies: these are cookies that are necessary for the technical functioning of the App and your ease of use. They ensure that the App works properly and, for example, remember your preferred settings. Fynch can also optimize the App with this. These are analytical cookies that do not infringe on your privacy for which Fynch does not require your prior consent.

Choice of law and forum

Dutch law applies to these Terms of Use. Disputes regarding the App or these Terms of Use will be settled by the competent court in the place where Fynch is located, unless mandatory law prescribes another competent court.