Welcome to Fynch! Fynch is the one and only app that rewards sustainable travel. These Terms and Conditions of Use ('Terms and Conditions of Use') describe the conditions which apply to using the application known as FYNCH APP (hereinafter referred to as: 'the App'). The App is owned by BusinessConcern B.V. which is established in Breukelen. BusinessConcern is either the processor or the controller of your personal data within the meaning of privacy legislation (GDPR), depending on whether BusinessConcern processes your personal data on the basis of an instruction (processor) or independently (controller).
2. Applicability and amendments
2.1 These Terms and Conditions of Use are applicable to your use of the App. We are entitled to amend these Terms and Conditions of Use unilaterally. You will be informed in good time about the amended terms and conditions via an update, a message via the App, or an email message.
2.2 We are always entitled to modify the App, change or erase data, restrict use of the App or prohibit access to the App wholly or partially and either temporarily or permanently. We will inform you about this in good time and in a suitable manner.
2.3 We are always entitled to amend the terms and conditions of the coin program and to cancel the coin balance. You will be informed about this no later than 3 months in advance.
3. Using the App
3.1 You are responsible for using the App correctly and carefully. You must not use the App in an unauthorized or careless way. In particular you must:
- fill in the details truthfully.
- treat personal login codes as confidential and keep them secret from other people.
- not use the App for actions and/or conduct which is contrary to applicable legislation or regulations, good morals, public order, or third-party rights. It is never permissible to add data, documents or files to the App which have illegal or offensive (including sexist, pornographic, racist or discriminatory) content, or which (otherwise) violate the privacy of third parties.
- not use the App in such a way that its (correct) operation is hampered, its security is violated, or damage is caused to us, the App, or third parties.
- not spread any viruses via the App, or disrupt in any other way devices or systems which belong to us or other users of the App.
- protect our good name and reputation at all times and ensure that use of the App does not, in any way, damage our rights and/or our reputation.
- comply with all the instructions and regulations for using the App. If you act in contradiction of these Terms and Conditions of Use, we will be entitled to take any measures which we consider necessary, such as suspending or terminating access to the App, or recovering any damages or costs from you.
3.2 You are not allowed to grant third parties access to the App, make the App available to third parties, or sell, rent or decompile the App, subject the App to reverse engineering or modify it without our prior permission. Similarly, you are not allowed to remove or circumvent technical provisions which are intended to protect the App, or have them removed or circumvented.
4. Intellectual property rights
4.1 All intellectual property rights and/or comparable rights on the App, including the underlying software, texts, illustrations, video and sound fragments are vested solely and exclusively in us, or our licensors. You will continue to own any data which you add to the App.
4.2 We will grant you a non-exclusive, non-transferable license which cannot be sublicensed to use the App within the framework of the objectives we have formulated. The App may not be used for other purposes.
5.1 The App has been created with the greatest care. However, we cannot guarantee that it will always be available or function without interruption, errors, viruses, malware or defects, nor that the information provided is complete, correct or up-to-date. We reserve the right to discontinue the App (unannounced) temporarily or permanently without you being able to derive any rights as a result.
5.2 We are not liable for damage or injury which results from using the App, unless the damage or injury is the consequence of intent or gross negligence by us. We are never liable for indirect damage or consequential damage, such as lost profit or income. You indemnify us against all possible third-party claims as a consequence of using the App.
6. Privacy Statement
In order to simplify things we would like to give you a summary of the privacy conditions of the Fynch app. The full text of our privacy conditions can be found HERE.
6.1 Which personal data is processed and what is it used for?
- Your email address and name are used to create your login data and for communication with you as the user.
- Any payment details such as a bank account number or activation code are used to pay the subscription charges.
- Mobility data is collected in order to reward you for sustainable travel behavior. This mobility data consists of:
- Data measured by your smartphone: positioning, times, movement and mode of transport.
- Calculated data such as distance, travel time, average speed and CO2 emissions.
- User data, such as type of smartphone, operating system, battery charging level, sensing events, log data relating to performance of the app and connection attempts are processed in order to improve the Fynch app.
- User data such as gender, employer, activation code and car registration number are processed for analysis, calculation (CO2) and reporting purposes (anonymised).
6.2 For how long is your personal data used?
We retain your personal data for no longer than 3 months after the end date of the license agreement. At the end of this retention period we anonymise the personal data so that no information about you as an individual can be derived.
6.3 How do we protect your personal data?
We protect your personal data with measures against misuse, unauthorized access, publication, modification or destruction. The Fynch app system environment is digitally secured in accordance with the prescribed guidelines and is monitored continuously. The personal data is stored and processed in a properly secured data centre in western Europe.
6.4 Who uses your personal data?
Your mobility data is processed by Mobidot B.V. and forwarded to BusinessConcern B.V. following analysis. BusinessConcern B.V. issues this data to you, as a user, and shares compiled and anonymized data in the form of reports with your employer and/or partners.
6.5 Right to inspection, rectification and objection
You are always entitled, of course, to inspect your stored data and you can withdraw your permission for your personal data to be used. You can also instruct us to rectify or erase your personal data. If you have any questions or comments relating to the way in which BusinessConcern B.V. deals with your personal data, please contact:
De Corridor 5C
3621 ZA Breukelen
6.6 Automated decision-making
The App can take decisions on the basis of automated processes with regard to issues which can have consequences for people. This means decisions taken by computer programs or systems without any human involvement (for example one of our employees). In this context the App uses the following computer programs or systems:
- Automatic sensing lib system (track and trace)
- The system automatically analyses your trips. Trips are labeled as bicycle, car, walking, train, public transport, airplane, ferry, unknown, or other. The trips are also automatically labeled as private, commuting, or business.
- You must personally check your trips and correct them, meaning that you are therefore personally responsible for their accuracy.
6.7 Access, rectification, or erasure
You have the right to access, rectify or erase your personal data. You also have the right to withdraw your permission for data processing, or to object to the processing of your personal data. You have the right to data portability. This means you can submit a request to us to send the personal data we have on you in a computer file to you or to another organization of your choosing.
You can send a request to access, rectify, erase or transfer your personal data, or a request to withdraw your permission or object to the processing of your personal data, to firstname.lastname@example.org
In order to be sure that the request to access is being made by you, we will ask you to submit a copy of your proof of identity along with the request. In this copy you should black out your passport photo, MRZ (machine readable zone, the zone with numbers at the bottom of the passport), passport number and Citizen Service Number [Burgerservicenummer (BSN)] to protect your privacy. We will respond to your request as quickly as possible but, in any event, within six weeks.
We also want to draw your attention to the possibility you have of submitting a complaint to the national supervisory body, the Dutch Data Protection Authority [Autoriteit Persoonsgegevens].
A cookie is a small text file that is saved on your computer, tablet or smartphone when you first use the App. You can choose not to accept these cookies by adjusting your Internet browser so that it no longer saves any cookies. You can also delete any information saved previously via your browser settings.
Our App uses the following cookies:
Functional cookies: these are cookies which are necessary for the technical operation of the App and for ease of use. They ensure that the App works properly and remembers, for example, your preferences. They also enable us to optimize our App. These are analytical cookies which do not violate your privacy and for which we do not need your prior permission.
Choice of law and choice of forum
These Terms and Conditions of Use are governed by Dutch law. Disputes relating to the App or these Terms and Conditions of Use will be settled by the competent court in the place in which we are established, unless mandatory law prescribes another competent court.