Privacy policy

We respect your privacy and are committed to protecting your privacy rights. Please take the time to read our Privacy Policy carefully. We want to be clear about how we are using information, and about how you can protect your privacy. To ensure transparency, this Privacy Policy describes our information-handling practices when you access our website.

If you have any questions, please feel free to contact us at motohelp@motospot.app.

References in this Policy to “Motospot”, “we”, “our” or “us”, are to New Solution LTD and references to “you”, “your or “user” are to the person with whom Motospot enters into this Policy.

By accessing or registering at the Motospot Application, downloading mobile applications published or maintained by us, you signify acceptance of the terms of this Privacy Policy. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below.

All the definitions used in this Privacy Policy shall have the same meaning as in our Terms of Service, unless this Policy sets a different meaning.

1. Our Status

a. We will act as a data controller in relation to a personal information about you that may be either provided by you or collected by us.

b. As a data controller, we will solely determine the purposes and means of the processing of your personal information.

2. How We Use Your Personal Information

a. In this Section 2 we have set out:

i. the general categories of personal information that we may process;
ii. the purposes for which we may process personal information; and
iii. the legal basis of the processing.

b. Please note that not all the information you provide to us is personally identifiable information according to the applicable law. By creating an Account at the Motospot Application you will provide and share your personal information with the public and with other users. Generally, information provided by you in your profile, including your name (nickname, username) and profile picture, may be visible to the public and other users of the Motospot Application. This personal information is made available to the public to help you connect with other users. Depending on your selected privacy setting, this information may only be seen by you, your friends (connections), or to all users of the Motospot Application (the entire Motospot community). You have the option to make the desired privacy setting when completing an event/trip or creating a group.

Please be aware that people you share your personal information or communicate with may download or copy the information you provided to them or make it public. Use caution about the personal information you share with others.

c. It is your sole decision whether to provide us with the requested information or not. However, if you choose to withhold the requested information, we may not be able to create an Account for you at the Motospot Application or provide you with the possibility to use related services. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as optional.

d. Account data. We may process your account data (“account data”). The account data may include your first and last name, nickname (or username), email address, country, city, date of birth (optional), profile photo, profile information. In addition, in the course of your use of the Motospot Application, we may collect from motorcycle brand and model (optional), maintenance information (optional), marked friends (optional), pictures (optional).

The source of the account data is you. The account data may be processed for the purposes of providing you access to the Motospot Application and/or its specific functionality, ensuring the security of the Motospot Application and communicating with you. The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement.

e. Usage Data.
Whenever you visit and use our website and our mobile applications, we may automatically collect the following information:

i. technical information – including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
ii. location-based information – location data (GPS). Access to your GPS location is an essential part of the Services that we deliver and therefore we will also collect this from you;
iii. activity-related information – length and duration of the event/trip;
iv. information about your visit – this includes the full Uniform Resource Locators (URL), clickstream to, through and from our website or mobile applications (including date and time), pages you have visited, page response times, download errors, length of visits to certain page and page interaction information (such as scrolling, clicks, and mouse-overs);
v. cookies.

In order to be able to use location-based services of the mobile application, we store the data collected, evaluate it and make it available to you within the Motospot Application. We collect your location to enable using such Motospot Application features as: S.O.S., Events, Trips.

f. Customer relationship data. We may process information contained in or relating to any communication that you send to us, or relating to our customer relationships with you (“customer relationship data”). Such customer relationship data may include your name, your nickname (username), your contact details (phone number, social media identifier, email address or messengers identifiers you use to communicate with us) and information contained in communications between us and you.

The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, customer support, quality assurance of our customer support and communication with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement and our legitimate interest, namely the proper management of our customer relationships and administration of the Motospot Application.

g. We may process any of your personal information identified in this Policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, or for detecting, preventing and addressing fraud and other illegal activity. The legal basis for this processing is our legitimate interest, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

h. We may process any of your personal information identified in this Policy where necessary for the purposes of managing risks or obtaining professional advice. The legal basis for this processing is our legitimate interest, namely the proper protection of our business against risks.

i. Sensitive Data. We do not require you to provide us with personal information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexual orientation (“sensitive data”). If you decide to provide us, the Motospot Application users or any third party with and/or allow your sensitive data to be publicly viewed through your profile, it should be your voluntary decision taken solely by you. We additionally inform you that information that is public can be seen by anyone and people you share and communicate with may download or copy the content or information you provided to them or make it public. Use caution about the personal information you share with others.

j. In addition to the specific purposes for which we may process your personal information set out in this Section 2, we may also process any of your personal information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another individual.

3. How We Use Your Personal Information for Marketing

a. We may process your personal information identified in this Policy to keep you informed about our new products, product upgrades, special offers, webinars, events and promotions that may be of interest to you, to send you updates regarding services you have shown interest in or provide further information related to the topic you requested, or to get your consent to further contacting you regarding any other services you might be interested in. The legal basis for this processing is our legitimate interest, namely the development and conducting of our business.

b. We may use your personal information to send you promotional emails and/or newsletters when you have consented to receive such communications. The legal basis for this processing is your consent to receive promotional communications from us.

c. We may use aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes to help improve our offerings to you or to improve your browsing experience by personalising the Motospot Application.

4. How We Use Cookies

a. Our website may use cookies when a user is browsing through its pages. Cookies are only associated with the browser of a particular computer (an anonymous user), and are unable to provide the name or any other information about the user. By using cookies, we are able to recognise the preferences selected by you in previous visits regarding the contents of the website, keep you logged in (authorised) and can remember these preferences so you do not have to select them again in subsequent visits. Please refer to the instructions and manuals of your browser in order to obtain further information on how users can configure the receipt of cookies on their browser and prevent them from being installed on the hard drive of their computer.

b. The installation of cookies sent by us is not necessary in order to use our website, although in this case, it will be necessary for a user to make this selection each time they access the website. Cookies help us to understand how you interact with our website.

c. We use analytics packages from trusted third parties to constantly improve your experience of using our website and related services. Our trusted partners help us serve advertising and/or analytics and may place cookies on your device.

5. General Processing

a. Our processing means any operation or set of operations which is performed on personal information, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, support, maintenance, etc. We do not make automated decisions, including profiling. The processing of personal information is carried out using computers and/or IT-enabled tools, following organisational procedures and modes strictly related to the purposes indicated.

b. Your personal information is processed at our operating offices and in any other place where the parties involved with the processing are located.

c. We have implemented measures designed to secure your personal information from accidental loss and unauthorised access, use, alteration, and disclosure.

6. Disclosing Your Personal Information

a. We may disclose your personal information to our affiliates, our contractors and our service providers insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Policy.

b. Your personal information may be accessible to certain types of our employees or contractors, involved with the operation of the Motospot Application (customer support, marketing, moderation, compliance, legal, system administration) or external parties (such as third-party technical service providers, identity verification service providers, hosting providers, software development service providers, communication agencies) appointed, if necessary, as data processors by us.

c. We also have relationships with partners or vendors that provide features and services directly to you when you use the Motospot Application. For example, when processing a payment to you or to charge your payment method. In these cases, such a partner is not acting as a service provider to us and is transacting with you directly. The data passed to them is the information necessary to facilitate the type of service they provide directly to you.

d. In addition to the specific disclosures of personal information set out in this Section 6, we may disclose your personal information where such disclosure is necessary (i) for compliance with a legal obligation to which we are subject or in response to a subpoena, court order, or other legal mechanisms, or (ii) in order to protect your vital interests or the vital interests of another natural person. We may disclose your personal information to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure or detecting, preventing and addressing fraud and other illegal activity.

7. Retaining and Deleting Personal Information

a. We retain information as long as it is necessary to provide the Motospot Application to you and others, subject to any legal obligations to further retain such information. Information associated with your Account will generally be kept until it is no longer necessary to provide the Motospot Application to you or until your Account is deleted.

b. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view via the Motospot Application without deleting your Account. Following the deletion of your Account, it may take up to 90 days to fully delete your personal information and system logs from our systems.

c. We will store your personal information that is used to send you promotional e-mails and/or newsletters or used in relation to your support tickets. Such information will be stored and processed solely for this purpose until you withdraw your consent, where applicable, or unsubscribe from newsletters, but not longer than for 2 years after your last interaction with us.

d. Otherwise, we either delete or anonymise the personal information collected. In case personal information was transferred to backup storage and, therefore, cannot be deleted, we continue to store it securely, but do not use it for any purpose. In all the other cases, we proceed with the deletion of personal information. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations and take other actions permitted by law as specified above in this Policy.

8. Third Parties

a. The Motospot Application may contain links to any other websites or services. Please note that we are not responsible for the privacy practices or the content of such websites or services, and you should review the privacy policy of each such website or service to make sure you are comfortable with it before providing any personal information.

9. Your Rights

As a data subject (a person whose personal information is collected, stored and processed) you have several rights under data privacy laws:

a. Right of access. You have the right to obtain confirmation if your personal information is being processed by us. If that is the case, you can access your personal information and the following information: (i) the purposes of the processing; (ii) the categories of personal information; (iii) to whom the personal information has been or will be disclosed; (iv) the envisaged period for which the personal information will be stored, or the criteria used to determine that period.

If you would like to have a copy of your personal information from us, we will provide it if (i) you prove your identity, (ii) it will not adversely affect the rights and freedoms of others. The first copy will be provided for free, for any further copies we may charge a reasonable fee based on administrative costs.

b. Right to rectification. You have the right to demand that we correct without undue delay your personal information which we have in our systems if it is inaccurate or incomplete.

c. Right to erasure (“right to be forgotten”). You have the right to demand that we erase your personal information, and we shall erase it without undue delay where one of the following grounds applies: (i) this personal information is no longer necessary in relation to the purposes for which it was processed; (ii) you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; (iii) you object to the processing and there are no overriding legitimate grounds; (iv) your personal information has been unlawfully processed; (v) your personal information has to be erased for compliance with a legal obligation.

d. Right to restrict processing. You have the right to restrict us in the ability of processing your information where one of the following applies: (i) you contest the accuracy of your personal information and we are verifying it; (ii) the processing is unlawful and you want to restrict it instead of erasure; (iii) we no longer need your personal information, but you need it for establishment, exercise or defence of legal claims; (iv) you have objected to the processing and we are verifying whether legitimate grounds override your request.

e. Right to data portability. You have the right to receive your personal information which you provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another company, where: (i) the processing is based on your consent or on a contract; and (ii) the processing is carried out by automated means.

Where technically feasible, you can demand that we transmit those data directly to another company.

f. Right to object. You have the right to object to the processing of your personal information based on our legitimate interests. We shall no longer process your personal information unless we demonstrate compelling legitimate grounds for the processing or for the establishment, exercise or defence of legal claims.

Where personal information is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal information for such marketing.

g. Right to withdraw consent. You have the right to withdraw your consent for the processing of your personal information at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

10. Changes to this Privacy Policy

a. We may modify this Privacy Policy by providing notice of such changes, such as by sending you an email, providing notice through the Motospot Application or updating the “Last Updated” date at the bottom of this Privacy Policy. By continuing to access or use of the Motospot Application, you confirm your agreement to the modified Privacy Policy. If you do not agree to any modification to this Privacy Policy, you must stop using the Motospot Application and delete our applications from your devices. We encourage you to frequently review the Privacy Policy to ensure you understand the terms and conditions that apply to your access to, and use of, the and related services.

11. Contact details

If you have any requests concerning your personal information or any queries with regard to this Privacy Policy, please feel free to contact us at motohelp@motospot.app.

Last Updated on 4 May 2023
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