Terms of Use SafeDrivePod App

By installing and using this app you agree to the applicability of these Terms of Use (and to the privacy policy below). If you do not agree to these Terms of Use, you must not download or use this app, copyright of which is protected.

  1. This app provides a way to automatically lock the smartphone screen while you are driving, in combination with the SafeDrivePod device. It thus protects you and other people in traffic from smartphone distracted driving.
  2. This app is intended for protection only.
  3. This app makes use of the hardware of your smartphone, i.e., the Bluetooth radio (Bluetooth Low Energy or BLE), the location services (global positioning system or GPS) and the telephone functions (only to recognize that a telephone call is started or stopped).
  4. Especially location services and telephone functionality is related to privacy. However, no location information or call information is stored either in the telephone's memory or in the cloud. More information on our privacy policy below.
  5. You recognize that the app functionality may be affected by changes in the operating system of your device. It is your responsibility to check for updates in order to determine if you have the most current version of the app, to ensure that it is working properly.
  6. SafeDrivePod BV nor its subsidiaries, affiliates and/or respective employees or management, is liable for any damages, including, and without limitation, direct, indirect, consequential or incidental damages resulting from or in connection with any use, information, materials, qualifications or recommendations related to this app.
  7. SafeDrivePod BV is not liable for any damages resulting from the use of (or inability to use) this app, including damages caused by viruses or any incorrectness or incompleteness of the technology. SafeDrivePod BV is also not liable for damages resulting from the use of electronic devices for communication with this app, including – but not limited to – damages resulting from failure or delay in delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software / hardware used for electronic communications and transmission of viruses.
  8. If this app directly or indirectly provides links to other information, such as information on websites maintained by third parties over whom SafeDrivePod BV has no control, SafeDrivePod BV is not liable for the use or content of this information.
  9. SafeDrivePod BV reserves the right to change the SafeDrivePod App Terms of Use at any time and without notice.
  10. These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. The competent court in Amsterdam shall settle all disputes arising in connection with these terms.

You can contact SafeDrivePod BV via: Stationsweg 6a, 6861 EG, Oosterbeek, The Netherlands; Phone: +31 26 8483883

PRIVACY POLICY SAFEDRIVEPOD (VERSION 1, 21/12/2016)

SafeDrivePod BV takes your privacy very seriously. That is why we have this Privacy Policy, which discloses the information gathering and dissemination practices through the SafeDrivePod software applications such as the SafeDrivePod Apps. By using the SafeDrivePod software and accepting the Terms of Use you also agree to this Privacy Policy. This Privacy Policy explains why we collect certain personal information and how we protect your personal information that you provide to us. We also inform you about your rights and the conditions under which we provide information to you and to others. By using this app, you consent to the placing of temporary cookies. SafeDrivePod BV (a Dutch private company specialized in traffic applications development) is responsible for the processing of your personal data.

If you have any questions regarding this Privacy Policy, please send an email to our Customer Service team on contact@safedrivepod.com. Please state the word 'Privacy' in the header.

What is "personal information"?

"Personal information" means information that identifies you or could reasonably be used to identify you or another person and which is submitted to and/or collected by the app and maintained by SafeDrivePod BV in an accessible form. Examples of personal information include your name and your e-mail address.

What information do we collect and how is the information used?

While using the app you may be asked to provide certain details. You are never obliged to enter your contact details. However, to make use of some of our services and products, it is necessary to provide a limited amount of personal information. The personal information that you provide to us by using the app is used by us to make the SafeDrivePod work in the first place. Further, it is used to send you information upon request, the execution of the agreement(s) with you, maintaining contacts with you, conduct market research, creation of- and automatic statistical analysis of profiles of our customers and to inform you about new developments within our company and our (new) products and services that fall within your area of interest. The information we collect about you may include information relating to your driving: total distance in your car, number of calls. No location information or telephone call information is stored, apart from total distance travelled and number of calls. The collected data will be stored for up to 5 years from the initial date of collection.

Combination of personal information

SafeDrivePod BV may combine the personal information that you provide through the app with personal information provided by you through other media such as when you contact us by telephone.

SafeDrivePod BV may combine personal information that you provide to us online with our offline records.

SafeDrivePod BV may combine personal information that you have provided to us directly with records provided by third parties.

We use this consolidated information mainly and most importantly to make the SafeDrivePod application work, providing you with the extra safety while driving. For example, we need the telephone number of identify the smartphone that connects to the SafeDrivePod, so that we know that you are driving in your car and not sitting in the train. We need your email address to send you messages, e.g. when you accidentally stopped the app or turned off Bluetooth.

We further use this consolidated information to help us improve the design of this app and other products, to communicate information with you, to enhance our marketing and research activities and to facilitate other business functions.

Transfer of personal information to different jurisdictions

SafeDrivePod BV stores data on secured servers in several countries around the European Economic Area or other countries which have been deemed to provide adequate protection of your personal information.

SafeDrivePod BV requires all entities outside the European Economic Area to which it transfers personal information to protect it in accordance with EU data protection standards.

Your rights

In accordance with local law, you may at any time request access to the information we collect about you. You may also request that we amend, correct or delete your personal information. To do this please contact us (SafeDrivePod) using the contact details below. If you request us to delete your personal information, the result may be that we can no longer provide our services to you.

Property rights

Unless otherwise stated, all rights, including copyrights and other intellectual property rights in the app, the underlying databases and the information you provide to us, rest with SafeDrivePod BV.

SafeDrivePod BV authorizes you to consult the app and the information contained therein and make copies of such data for your personal use, for example by printing (print screen) or storing such information. Any other use of the app or the information, for example the storage or reproduction of (a part of) the app in any external website or the creation of links, hyperlinks or deeplinks between the app and any other website, is prohibited without the explicit written permission of SafeDrivePod BV.

Unsolicited ideas

If you send unsolicited ideas and/or materials, including but not limited to, text, images, sounds, software or information (the "Materials") to SafeDrivePod BV via e-mail or otherwise, SafeDrivePod BV is entitled to use, copy and/or commercially exploit such materials to the fullest extent without having to pay. SafeDrivePod BV will not be bound to secrecy regarding these Materials.

You hereby indemnify SafeDrivePod BV against all damages and costs that SafeDrivePod BV incurs with respect to any claims made by third parties regarding the use and/or exploitation of the Materials that infringes (intellectual) property rights of third parties or is otherwise unlawful towards a third party.

Business continuity

You agree that database rights subsisting in the personal information collected from you by SafeDrivePod is the property of SafeDrivePod BV and the database is currently under the responsibility of SafeDrivePod BV.

In the event that SafeDrivePod BV becomes the object of an acquisition, merger, sale or other transaction and the database, or the company that owns the database, is acquired by a third party, you agree in advance with the disclosure of your personal information to its advisers and the acquiring third party, both during and after the transaction, with a view to facilitating and closing of the transaction. When the transaction is closed, you will be informed about the transaction and the ownership and control over the database and your personal information that you provided to SafeDrivePod BV. The personal information will be transferred to the third party, in accordance with the provisions and limitations of this privacy policy. If the transaction is not closed, SafeDrivePod BV will have the third party to agree that it ceases using your personal information.

Cookies

The SafeDrivePod app does not use cookies to obtain information about your use of the app. Only a temporary cookie or so-called 'session' cookie will be placed for connectivity. When you installed the app you gave your consent for the placing of these temporary cookies.

Session cookies are temporary bits of information that are erased once you turn your device off.

The SafeDrivePod site uses Google Analytics cookies. We have signed a data processing agreement with Google, which further precludes sharing of Google Analytics data by Google with third parties. By masking the last octet of your IP address, we further increase your anonymity.

The use of cookies is safe. Personal information such as a phone number or an email address, cannot be traced by placing session cookies. As a result, cookies cannot be used for e-mail and telemarketing purposes. You can find more information about cookies at www.allaboutcookies.org.

Updates

SafeDrivePod BV reserves the right to make changes and/or updates with respect to the information, products and services referred to in this app at any time without notice.

Security

Protecting your privacy is important to you and to us. That is why our systems and programs are adequately protected. We use management procedures to keep the information accurate, up-to-date and complete and to prevent access to your personal information by unauthorized persons from inside and outside our organization. This includes also – but is not limited to – encryption of connections and content.

Although SafeDrivePod secures all personal information, we urge you to exercise caution when transmitting personal information over the Internet.

In addition, the app(s) covered by this Privacy Policy may contain links to websites that are not controlled by SafeDrivePod BV or subject to SafeDrivePod BV's Privacy policy; you should check the policies of such third-party websites before submitting personal data.

Service updates and other information

If you are a SafeDrivePod BV customer, we may send you information – or contact you otherwise – regarding new services, features and other announcements, in the form of a newsletter or otherwise. It is possible to unsubscribe from these communications. However, in that case you may not be aware of important information about SafeDrivePod BV software and the services you use.

Nullification of terms

In the event that the terms of this Privacy Policy are declared partially invalid, parties remain bound to the remaining part. The parties shall replace the invalid parts by provisions that, given the content and purpose of these terms, are valid and have a legal effect similar or as close as possible to that of the invalid part.

Governing law and competent court

Subject to applicable local law, these terms are exclusively subject to the current Dutch law. A competent court in Amsterdam shall settle all disputes arising in connection with these terms.

Changes to Privacy Policy

SafeDrivePod BV reserves the right to make changes and/or updates to this Privacy Policy to reflect technological advancements, legal and regulatory changes and good business practices.

If SafeDrivePod BV changes its privacy and SafeDrivePod changes its technical practices (such as cookie practices), an updated version will reflect those changes and we will notify you of such changes by updating the effective date at the top of this Privacy Policy. We encourage you to save and consult this webpage (https://www.safedrivepod.com/en-gb/privacystatement/) for the latest version of this Privacy Policy, which can be identified by the date on the document.

How can I contact SafeDrivePod BV?

If you have questions about the use, amendment, access to or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from SafeDrivePod, please contact us by e-mailing us at (contact@ safedrivepod.com). Alternatively, you may send a letter to the following address:

SafeDrivePod BV
Stationsweg 6a
6861 EG Oosterbeek,
The Netherlands

In all communications to SafeDrivePod please include your e-mail address and a detailed explanation of your request. If you would like to delete, amend or correct your personal information and are contacting us by e-mail, please put "Deletion Request" or "Amendment/Correction Request", as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.

This contact information is not intended for the reporting of adverse events with products from SafeDrivePod BV.