1. General
Welcome to Fynch! These Terms of Use describe the conditions that apply when the Fynch app is used. The app is owned by Fynch Mobility (hereafter referred to as ‘Fynch’), which is based in Utrecht and a trading name of Businessconcern B.V.
Fynch can be either a processor (when Fynch processes your data based on the instruction of a third party such as an employer or municipality) or a controller (when you independently decide to use the Fynch app) within the meaning of the GDPR.
2. Applicability and amendments
2.1 These Terms of Use are applicable to your use of the Fynch app. Fynch is entitled to amend these Terms of Use unilaterally. You will be informed timely about any changes via a message via the app, or an e-mail message.
2.2 Fynch is entitled to modify the Fynch app, change or erase data, restrict the use of the app, or prohibit access to the app either wholly or partially and either temporarily or permanently. Fynch will inform you about this in a suitable way and timely manner.
2.3 Fynch is entitled to amend the conditions of the coin program and to cancel the coin balance. You will be informed about this in a suitable way and timely manner.
3. Using the Fynch app
3.1 You are responsible for using the Fynch app correctly and carefully, and for not using 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 Fynch app for actions and/or conduct that is contrary to applicable legislation or regulations, good morals, public order, or third-party rights;
- not use the Fynch app in such a way that its (correct) operation is hampered, its security is violated, or damage is caused to Fynch, the Fynch app, or third parties;
- not spread any viruses via the Fynch app, or otherwise disrupt devices or systems which belong to Fynch or users of the Fynch app;
- protect the good name and reputation of Fynch at all times, and ensure that the use of the Fynch app does not, in any way, damage our rights and/or our reputation;
- comply with all the instructions and regulations for using the Fynch app; if you act in contradiction with these Terms of Use, Fynch will be entitled to take any measures which Fynch considers to be necessary, such as suspending or terminating access to the Fynch app, or recovering any damages or costs from you.
3.2 You are not allowed to grant third parties access to the Fynch app and make it available to third parties, sell, rent, decompile, subject the app to reverse engineering, or modify it without prior, written permission from Fynch. Similarly, you are not allowed to remove or circumvent technical provisions that are intended to protect the Fynch app or have them removed or circumvented.
4. Intellectual property rights
4.1 All intellectual property rights and/or comparable rights on the Fynch app, including the underlying software, texts, illustrations, video, and sound fragments are vested solely and exclusively in Fynch. You will remain the owner of all data added to the app by you.
4.2 Fynch will grant you a non-exclusive, non-transferable license that cannot be sublicensed to use the Fynch app within the framework of the objectives that Fynch has formulated. The Fynch app may not be used for other purposes.
5. Liability
5.1 The Fynch app has been created with the greatest care; however, Fynch 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. Fynch reserves the right to discontinue the Fynch app (unannounced) temporarily or permanently without you being able to derive any rights as a result.
5.2 Fynch is not liable for damage or injury that results from using the Fynch app unless the damage or injury is the consequence of intent or gross negligence by Fynch. Fynch is never liable for indirect damage or consequential damage, and you indemnify Fynch against all possible third-party claims as a consequence of using the Fynch app.
6. Privacy Statement
For your convenience, you can find a summary of the privacy statement of the Fynch app here. The full privacy statement can be found here.
6.1 The following is an overview of the personal data we may process. We do not always have all the data summarized below; this depends on the product you are using and the purpose for which you are using it.
- First and last name
- E-mail address
- IP-address of website visitors
- Car license plate number (always optional)
- Mobility data
- Start and end date, and time of trip
- Start and end location of the trip
- Route
- Mode of transport
- Travel time and distance
- Trip objective (commute, private, business)
- Home address and closest train station to determine fixed commute distance
- Data from your employer such as employee number, name of employer, department name
- Data from mobility cards such as the NS-Business Card
6.2 We process your personal data for the following purposes, depending on the product you use:
- To analyze the travel and driving behavior of our users to provide insights into CO2 footprint and vitality;
- To facilitate admin of travel and work-from-home days so that our users can submit their expenses with their employer;
- Report aggregated information to the client, such as the total CO2 footprint of all employees;
- To allow users to create an account and subsequently access their personal data;
- To inform the client and users about changes in our products and services;
- Contact users via e-mail when this is needed to provide the agreed-on service, such as sending the reward purchased in the Fynch Reward Shop.
6.3 We keep your personal data for no longer than is strictly necessary in order to fulfill the purposes for which your data was collected unless we are legally obliged to save certain data for longer.
6.4 Fynch protects your personal data with measures against abuse, unauthorized access, general availability, changes, and destruction. The Fynch app environment is digitally protected following the prescribed guidelines and is ISO 27001 certified. The personal data is stored and processed in a secured data center in Western Europe.
6.5 The principle of the Fynch app is that your personal data is only visible and accessible to you. In case it is necessary or legitimized by the purpose for which the Fynch app is used or after explicit consent from you, such as when you submit your expenses in the Fynch app, personal data can be shared with a client. Your data is never shared with other third parties for commercial purposes unless you explicitly consent to it.
6.6 Naturally, you are always entitled to inspect your stored data and to withdraw your permission for this data to be used. You can also instruct Fynch to rectify or erase your personal data. If you have any questions or comments relating to the way in which Fynch deals with your personal data, please contact support@fynchmobility.com.
6.7 The Fynch app can make decisions based on automated processes with regard to issues that can have consequences for people. This means decisions taken by computer programs or systems without any human involvement (for example one of the employees of Fynch). This primarily involved automated trip registration, which uses GPS and movement data to estimate your trip route and mode of transport. In some cases, automatic labeling (private, commute, business) of trips can take place. You are personally responsible for checking the trips and to make sure that the presented information is correct.
7. 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 Fynch is established unless mandatory law prescribes another competent court.