Consent Terms for OEM Data
Company Name: Motorq, Inc.
Address: 325 Sharon Park Dr #743 Menlo Park CA 94025-6805
Company e-mail: firstname.lastname@example.org
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The Consenting Party shall notify Motorq or its service provider immediately if any Driver Consent is withdrawn, to unenroll impacted vehicles.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.
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.
The Consenting Party hereby acknowledges and agrees that, in purchasing or leasing the Toyota Program Vehicles, each of which is equipped with “Connected Services” (as described at https://www.toyota.com/connected-services/ (as such website may be updated from time to time)), the Consenting Party has consented to, and the Consenting Party hereby confirms its continued consent to, Toyota Motor Sales, U.S.A., Inc.’s (“Toyota”) and its Affiliates’ collection, use, storage, sharing, and securing, in each case in accordance with Toyota’s Connected Services Privacy Notice located at https://www.toyota.com/privacyvts/ (as such notice may be updated from time to time, and which takes precedence over this Consent in the event and to the extent of any conflict), of Personal Information and Vehicle Data (each as defined below) from such vehicles and from the Consenting Party (including any drivers or lessees of Program Vehicles or other third parties to whom the Consenting Party makes Program Vehicles available).
“Personal Information” means any data or information that is subject to any applicable data protection laws (including, but not limited to, names, addresses, telephone numbers, email addresses, dates of birth, social security and similar personal identification numbers, and all driver-related information) that is provided to or collected, used, stored, shared, or secured by Toyota in connection with the Program Vehicles.
“Vehicle Data” means any data or information remotely collected by Toyota from the Program Vehicles, which includes but is not limited to location data, remote data, driving data, vehicle health data, multimedia screen data, voice recordings, and voice recognition recordings, each as further described in Toyota’s Connected Services Privacy Notice.
“Affiliate” means any person or company that controls, is controlled by, or is under common control with, a party, including any holding company, any subsidiary, or any service corporation of a party. With respect to Toyota, the term “Affiliate” includes, without limitation, both Toyota Motor Corporation and Toyota Connected North America, Inc.
The Consenting Party hereby acknowledges and agrees that the foregoing consent shall continue to apply unless and until the Consenting Party deactivates Connected Services for the applicable Program Vehicles by notifying Toyota as provided in Toyota’s Connected Services Privacy Notice (or by such other process as may be agreed by the Consenting Party and Toyota from time to time). The Consenting Party shall notify Toyota immediately upon the sale or other transfer of a Program Vehicle and the Consenting Party acknowledges and agrees that if the Consenting Party does not notify Toyota immediately upon a sale or transfer of a Program Vehicle, Toyota may continue to send reports or other information about the vehicle or account to the Consenting Party’s contact information currently on file with Toyota. In such case, Toyota shall not be responsible for any privacy-related damages that the Consenting Party may suffer.
The Consenting Party hereby further consents to the provision by Toyota and its Affiliates of vehicle telematics data generated by the Program Vehicles to Motorq, and to Motorq’s communications with Toyota and its Affiliates regarding the access, provisioning, and operations of such telematics data. The foregoing consent is granted until the earlier of (i) the expiration or termination of the Data Services Agreement between Toyota and Motorq and (ii) ten (10) days after the Consenting Party’s written notice to Toyota of revocation of such consent identifying the applicable Program Vehicle(s) by Vehicle Identification Number. The Consenting Party acknowledges and agrees that, until the foregoing consent is terminated by the Consenting Party with respect to the applicable Program Vehicles, Toyota may continue to provide telematics data regarding such vehicles to Motorq, and Toyota is not responsible for any privacy-related damages that the Consenting Party may suffer as a result of any failure by the Consenting Party to timely terminate such consent.
The Consenting Party shall (i) indemnify, hold harmless and defend Toyota and its Affiliates for any breach of its obligations to obtain and comply with this agreement and to comply with law as provided in the section above, for any third party claims arising from the Consenting Party’s use of data from such Program Vehicle or Motorq and for any claims brought by drivers or lessees of such Program Vehicle arising from Toyota’s collection, use or disclosure to Motorq of such data; and (ii) name Toyota and its Affiliates as intended third party beneficiaries of the foregoing provisions with rights to enforce such provisions.
This consent document may be signed or otherwise transmitted electronically, and each such copy shall be deemed an original. All notices related to this consent document shall be given in writing, and shall be either given electronically in accordance with advance written instructions provided jointly by Toyota and Motorq or personally delivered or sent by receipted overnight courier or registered or certified mail (return receipt requested) to the address set forth at the top of the preceding page for Motorq and Consenting Party, and to the address set forth below for Toyota. All such notices shall be effective upon receipt or refusal thereof. Notice addresses may be changed by written notice given as provided herein.
TOYOTA CONTACT INFO FOR NOTICES:
Toyota Motor North America, Inc.
6565 Headquarters Drive
Plano, Texas 75024
Attention: Mark McClung, Connected Strategy and Business Development
With a concurrent copy to:
Toyota Motor North America, Inc.
6565 Headquarters Drive
Plano, Texas 75024
Attention: General Counsel.
The Consenting Party shall include the following in its agreement with its driver operators of GM vehicles:
(1) Motorq is using General Motor’s remote API services (“Remote API Services”) with the Program Vehicles; (2) The Consenting Party shall keep the Remote API Services for Program Vehicles turned on all the time; (3) the Remote API Services may send vehicle tracking and other information to Motorq on a regular and continuous basis; (4) the information that is sent to Motorq through the Remote API Services may include information about the Program Vehicles, its features, systems, diagnostics, location, telemetry, seat belt usage; and (5) Motorq can send commands to the Program Vehicles through the Remote API Services that may include commands to lock and unlock a Program Vehicle, and/or alert horn and alert lights.
The Consenting Party is not permitted to allow its Clients to use seatbelt status for any of the following:
- Employee accident investigation;
- As a rationale for employee termination or suspension; or
- Monitoring seatbelt usage of any person in the vehicle, other than the end user.