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Motorq

EU Consent Terms for OEM Data

Authorized Company:

Company Name:
Motorq UK Limited

Address:
One London Wall, 6th Floor
London EC2Y 5EB

Company e-mail:
support@motorq.com

Program Vehicles

The party signing this consent document is the “Consenting Party”, who must be the owner of record, lessee, or titleholder for the connected vehicle(s) to which this consent document applies. The Consenting Party hereby represents and warrants that it (a) satisfies the definition of Consenting Party and (b) that it has the full legal right, power, and authority to execute this Consent and to consent to the activities described herein.

The Consenting Party hereby consents to the collection and use of vehicle data from each of its connected vehicles (“Program Vehicles”) by Motorq and each applicable OEM (defined below) and its affiliates in order to enable the Motorq Services. If the Consenting Party wishes to unenroll a Program Vehicle (due to a sale or other cause), the Consent Party shall notify Motorq or its service provider within 48 hours of such sale or other cause.

The Consenting Party agrees to use the data received from Motorq for its Program Vehicles for the management of vehicles and drivers only.

The Consenting Party shall comply with all applicable laws, regulations, and administrative requirements governing the Consenting Party’s access, storage, sharing, and use of the data and information provided by Motorq.

Driver Notice and Consent.

The Consenting Party shall notify each driver of a Program Vehicle that telematics data is being collected by the applicable OEM, and that such data may be shared by Motorq to the owners, lessees, servicers and managers of such vehicle.

The Consenting Party agrees to obtain prior, opt-in, written consent from each such Program Vehicle driver for collection and use (the “Driver Consent”) of telematics data. The Consenting Party may execute driver notice and consent via an employee document, fleet policy document, user agreement, or any other method. The Consenting Party agrees to retain copies of each driver notice and consent for a period of seven years after the unenrollment of a Program Vehicle.

The Consenting Party shall notify Motorq or its service provider immediately if any Driver Consent is withdrawn, to unenroll impacted vehicles.

The Consenting Party shall comply with all the Driver Consent terms that it collects from Program Vehicle drivers.

OEM Consent Management

When the Consenting Party request that Motorq manage its OEM consents, Motorq may collect identifiers and login information required by the applicable OEM account, such as the Consenting Party’s username and password, or a security token. In some cases, Motorq may also collect the Consenting Party’s phone number, email address, security questions and answers, and one-time password (OTP) to help verify the Consenting Party’s identity before accessing your OEM account (collectively “End-User Information”). When providing this End-User Information, the Consenting Party hereby grants Motorq the limited authority to act on the Consenting Party’s behalf to access and transmit its End-User Information for the sole purpose of managing OEM consents.

OEM Terms.

Additional terms for specific original equipment manufacturers (“OEMs”) are found below (the “OEM Terms”). To the extent there are conflicts between the terms above and the OEM Terms, the OEM Terms shall prevail.

BMW Group

The Consenting Party (for purposes of BMW FleetData, the ‘Third Party Orderer’) hereby confirms that Motorq is acting on its behalf and on its instructions and is permitted to receive telematics data through BMW FleetData for this purpose. Third Party Orderer acts as independent data controller in the meaning of Article 4 No. 7 GDPR. If required by applicable law, Third Party Orderer will conclude an appropriate agreement regarding the processing of personal data pursuant Article 28 GDPR with Customer acting as processor. The scope of the data requested by Motorq has been coordinated with the Third Party Orderer. The Third Party Orderer may add further vehicles to the fleet in consultation with BMW and remove existing vehicles from the data reference list. In this case, no prior coordination between BMW and Motorq is required. The Third Party Orderer will process personal data and ensure to adequately meet its obligations as independent data controller in accordance with applicable data protection law. The Third Party Orderer is aware of the General Terms and Conditions of Business and Use for BMW FleetData