Terms of use

This page contains the Terms of Use for Fynch. Additional Terms and Conditions apply to the Fynch Shop. Click here to see these terms and conditions.These terms and conditions are translated from Dutch. In the event that these translated terms and conditions differ from the Dutch terms and conditions, the Dutch terms and conditions are leading.

1. General

Welcome to Fynch! Fynch is the one and only app that rewards sustainable travel behaviour. These Terms and Conditions of Use (‘Terms of Use’) describe the conditions which apply to using the application known as Fynch (hereafter referred to as ‘the App’). The App is owned by Fynch Smart Mobility (hereafter referred to as ‘Fynch’), which is a trading name of BusinessConcern B.V. Fynch is either the processor or the controller of your personal data within the meaning of privacy legislation (GDPR), depending on whether Fynch processes your personal data on the basis of an instruction (processor) or independently (controller).

2. Applicability and amendments

2.1 These Terms of Use are applicable to your use of the App. Fynch is entitled to amend these Terms of Use unilaterally. You will be informed timely about the amended terms and conditions via an update, a message via the App, or an email message.

2.2 Fynch is entitled to modify the 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 timely inform you about in a suitable way.

2.3 Fynch is 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 Fynch, the App, or third parties.
  • not spread any viruses via the App, or disrupt devices or systems which belong to Fynch or other users of the App, in any other way.
  • protect the good name and reputation of Fynch at all times and ensure that the 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 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 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 prior, written permission of Fynch. 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 Fynch, or the licensors of Fynch. You will own any data which you add to the App.

4.2 Fynch will grant you a non-exclusive, non-transferable license that cannot be sublicensed to use the App within the framework of the objectives that Fynch has formulated. The App may not be used for other purposes.

5. Liability

5.1 The 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 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 which results from using the 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, such as lost profit or income. You indemnify Fynch against all possible third-party claims as a consequence of using the App.

6. Privacy Statement

In order to simplify things, you can find a summary of the privacy conditions of the Fynch app here. The full privacy statement can be found HERE.

6.1 Which personal data is processed?

  • First name and surname
  • Gender
  • Email address
  • IP address of the website visitor
  • The registration number of the vehicle you used.
  • Mobility data (car, bicycle, walking, public transport, or flights)
  • Location data
  • Refueling card and mobility card transactions
  • Damages and fines
  • Payment details such as bank account number or activation code
  • Employer details such as the name of employer, employee number, department name

6.2 What are your personal data being used for?

Fynch processes your personal data for the following purposes: depending on the product you use:

  • To analyze driving behavior, journey behavior, or telephone use by participants in Fynch programs and training courses, for example, to promote sustainability and safety.
  • To report results and analyses to the client and/or the user.
  • To offer the user the possibility of creating an account.
  • To allow the user to pay an invoice.
  • To enable the user to telephone or email if this is necessary for the execution of our services.
  • To inform the client and the user about changes to our services and products.
  • To enable Fynch to send gifts from the Fynch shop if you exchange coins with us.

6.3 For how long is your personal data used?

Fynch keeps your personal data for no longer than is strictly necessary in order to fulfill the purposes for which your data was collected unless Fynch is legally obliged to save certain data for longer.

6.4 How does Fynch protect your personal data?

Fynch protects your personal data with measures against misuse, unauthorized access, publication, modification, or destruction. The App’s 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 center in western Europe.

6.5 Who uses your personal data?

Fynch is allowed to share your personal data with the clients of Fynch or other third parties, provided this is consistent with the aforementioned purposes. It may be necessary to issue personal data to parties other than our client for the execution of an agreement which Fynch has concluded with you, or for the protection of one of the legitimate interests of Fynch, or in order to fulfill one of the statutory obligations of Fynch.

Fynch concludes data processing agreements with companies that process your data on our instruction, for example, a hosting company, in order to ensure the same level of security and confidentiality that Fynch applies itself. Fynch continues to be responsible for this processing.

6.6 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 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:

Fynch Smart Mobility
De Corridor 5C
3621 ZA Breukelen
support@fynchmobility.nl

6.7 Automated decision-making

The App can take 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). 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.

6.8 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 Fynch to send the personal data Fynch has 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 support@fynchmobility.com. In order to be sure that the request to access is being made by you, Fynch asks you to submit your request by using the email address you also used for creating an account in the Fynch App. This is required to protect your privacy. Fynch will respond to your request as quickly as possible but, in any event, within six weeks.

Fynch also wants to draw your attention to the possibility you have to submit a complaint to the national supervisory body, the Dutch Data Protection Authority [Autoriteit Persoonsgegevens].

6.9 Cookies

A cookie is a small text file that is saved on your computer, tablet, or smartphone when you first visit this website. You can choose not to accept 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 that are necessary for the technical operation of the App and to make it easy for you to use. They ensure that the website works properly and remembers, for example, your preferences. They also enable us to optimize our website. These are analytical cookies that do not violate your privacy and for which Fynch does 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 Fynch is established unless mandatory law prescribes another competent court.