Terms of Use Carbon Tracker

This page lists the Terms of Use for the use of the Alphabet Carbon Tracker (hereafter: Carbon Tracker). Additional terms apply to purchases in the Carbon Tracker Shop in the app.

1. General

These Terms of Use describe the conditions under which the Carbon Tracker can be used. The app was developed and owned by an Alphabet partner: Fynch Mobility (hereafter: Partner), based in Utrecht. Fynch Mobilty is a trade name of Businessconcern B.V.

Under the General Data Protection Regulation (GDPR), BMW Financial Services Nederland B.V. (h.o.d.n. Alphabet), located at Takkebijsters 59, 4802 HW Breda, is responsible for processing your personal data. Our Partner can also act as a processor (when your data is processed on behalf of a third party such as an employer or municipality) or controller (if you decide to use the Carbon Tracker yourself).

2. Applicability and changes

2.1 These Terms of Use govern your use of the Carbon Tracker. Alphabet has the right to change these Terms of Use unilaterally. You will be informed about this in good time via a message in the app or via e-mail.

2.2 Alphabet and Partner have the right to make changes to the Carbon Tracker, delete or change data, restrict the use of the Carbon Tracker, or deny access to the Carbon Tracker in whole or in part, temporarily or permanently. Alphabet will inform you about this in a timely and appropriate manner.

2.3 Alphabet has the right to change the terms of the coin program and to cancel the coin balance at any time. Alphabet will inform you about this in a timely and appropriate manner.

3. Using the Carbon Tracker

3.1 You are responsible for using the Carbon Tracker correctly and carefully and must avoid unauthorized or careless use of the app. In particular, you must:

truthfully fill in the requested information in the Carbon Tracker;
treat login details confidentially and keep them secret from others;
do not use the Carbon Tracker for actions or conduct that are contrary to applicable laws and regulations, good morals, public order or third party rights;
use the app in a way that does not prevent (correct) operation, does not infringe the security of, and does not harm Alphabet, Partner, the Carbon Tracker or third parties;
do not spread viruses via the Carbon Tracker or otherwise disrupt Alphabet's devices or systems or users;
take into account the good name and reputation of Alphabet and Partner and ensure that the use of the app never damages Alphabet's rights and/or reputation;
always follow Alphabet's instructions and regulations regarding the use of the Carbon Tracker; if you act in violation of these Terms of Use, Alphabet has the right to take any measures deemed necessary, such as temporarily or permanently blocking access to the app or recovering from you any damage or costs.

3.2 You may not provide, sell, rent, de-compile, reverse engineer or modify the Carbon Tracker to third parties without Alphabet's prior written consent. In addition, it is not allowed to (have) removed or (have) circumvented technical provisions intended to protect the Carbon Tracker.

4. Intellectual Property Rights

4.1 All intellectual property rights and/or similar rights to the Carbon Tracker, including the underlying software, texts, images, video and sound clips, lie exclusively with Alphabet's Partner. The data you add to the app remains your property.

4.2 Your license to use the Carbon Tracker is non-exclusive, non-sublicensable and non-transferable. This license is for the use of the Carbon Tracker within the objectives set by Alphabet and/or the agreements made by Alphabet with its customer. You are not allowed to use the app for other purposes.

5. Liability

5.1 Although the Carbon Tracker has been built and maintained with the utmost care, no guarantee can be given that the Carbon Tracker will always be available or will work without interruption, errors, viruses, malware or usage and that the information provided is complete, correct or up to date. Alphabet and its partner have the right to temporarily or permanently discontinue the Carbon Tracker (unannounced) without deriving any rights.

5.2 Alphabet is not liable for damage or injury resulting from the use of the Carbon Tracker, unless such damage or injury is the result of its intent or deliberate recklessness. Alphabet and Partner are never liable for indirect or consequential damages, and you indemnify Alphabet and its Partner against all possible claims and claims by third parties resulting from the use of the Carbon Tracker.

6. Privacy statement

To make it easy for you, here is a summary of Alphabet's privacy terms.

6.1 Below is an overview of the personal data that our Partner may process about you. Partner does not always have access to all the information listed below; this depends on the product you use and possibly the agreement with our customer.

First name and surname;
Email address;
IP address of a website visitor;
Vehicle registration number (always optional);
Mobility data;
Start and end date and trip time;
Trip start and end location;
Route;
Mode of transport;
Travel time and distance;
Purpose of travel (commuting, private, business);
Home address and nearest station for calculating fixed commuting distance;
Information about your employment relationship such as employer name, employee number, department name;
Information from mobility cards such as the NS Businesscard;

6.2 Partner processes your personal data for the following purposes, depending on the product you use:

Analyzing driving and traveling behavior of Carbon Tracker users to provide insight into CO2 footprint and vitality;
Facilitating the administration of travel and home working days in order to be able to submit travel and home work cost claims to the employer;
Reporting aggregated information to the client, for example the total CO2 footprint of all employees;
Give users the opportunity to create an account and then access personal information;
Informing the client and user about changes to our products and services;
Contacting the user via email when necessary to perform the service, such as sending a reward purchased in the Reward Shop.

6.3 Alphabet's Partner does not store your personal data longer than necessary to perform the purchased service, unless there is an obligation to keep it longer. Under normal circumstances, personal data will be deleted within four (4) weeks after the Carbon Tracker account is deleted or the license expires.

6.4 Alphabet and its Partner protect your personal data with measures against misuse, unauthorized access, disclosure, alteration and destruction. The Carbon Tracker system environment is digitally secured in accordance with prescribed guidelines and is ISO 27001 certified. The personal data is stored and processed in a data center in Western Europe.

6.5 The starting point of Alphabet and its Partner is that your personal data is only visible and accessible to you. When this is necessary or justified in the context of the purpose of the Carbon Tracker or after your consent, such as submitting a declaration in the Carbon Tracker, personal data may be shared with a client or customer (e.g. your employer). Your data will never be shared with other third parties for commercial purposes unless you give explicit permission to do so.

6.6 Of course, you always have the right to view the personal data stored about you and you can withdraw your consent to use your personal data. You can also order your personal data to be changed or deleted. If you have any questions or comments regarding how Alphabet and its Partner handle your personal data, please contact Alphabet.

6.7 The Carbon Tracker can make automated decisions about your data. This mainly involves the use of automatic trip registration, which estimates which route you have traveled and with which mode of transport based on GPS and movement data. In some cases, automatic labeling (private, commuting or business) can also be used. You must check your trips yourself and are responsible for ensuring that the information presented is correct.

7. Choice of law and forum

7.1 These Terms of Use are governed exclusively by Dutch law.

7.2 Disputes regarding the Carbon Tracker or these Terms of Use will only be settled by the competent court in the place where Alphabet is located, unless mandatory law requires another competent court.