Privacy Policy
Powered by DrivEye
and its parents, subsidiaries, and affiliates
Updated: 21 Fevereiro 2025
Dictionary
Introduction
1. Eligibility
2. Use of the services
3. Unauthorised users
4. Restricted content
5. User content and personal and sensitive information
– Introduction
– Information provided us by client or user
– Client customer data
– Information we collect automatically
– How is the information used
– When is information shared or disclosed
– Personal and sensitive information
6. Rewarding
7-21. Others
[BY DOWNLOADING ANY APPLICATION YOU ARE CONSENTING TO OUR COLLECTION AND USE OF PERSONAL INFORMATION (“PII”) AND OTHER INFORMATION YOU PROVIDE, AND TO THE USE OF AUTOMATICALLY COLLECTED INFORMATION, INCLUDING BUT NOT LIMITED TO THE LOCATION OF YOUR MOBILE DEVICE AS SET FORTH IN OUR PRIVACY AND COOKIE NOTICE. IF YOU DO NOT WANT SUCH INFORMATION COLLECTED, YOU SHOULD NOT DOWNLOAD THE APPLICATION. YOU CAN STOP ALL COLLECTION OF INFORMATION BY UNINSTALLING THE APPLICATION. BY ACCESSING, DOWNLOADING AND USING THE APPLICATION, YOU ARE LEGALLY BOUND BY THESE TERMS.]
These respondent terms and conditions (“Terms”) govern and apply to your use of the services provided by DrivEye / DrivEye (“we”). Such services include without limitation: (i) any study or surveys offered, provided, hosted, or administered by or through DrivEye (“Survey”); (ii) any DrivEye mobile application (“Application”); (iv) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities. (v) any other services offered, provided, hosted, or administered by or through DrivEye (collectively, and inclusive of all defined terms in this paragraph, the “Services”). If you participate in the Services, DrivEye will use your information to help our clients better understand your annual mileage, behaviours, needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of DrivEye to communicate with any manufacturers, retailers, or other third parties. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes. Please see Section 2 below (“Use of the Services”) and the Privacy and Cookie Notice for more information about our use of your information. All references in these Terms to DrivEye include DrivEye and its parents, subsidiaries, and affiliates. By registering for, accessing, using, and/or participating in the Services, you hereby expressly agree to comply with and be bound by these Terms. DrivEye reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason. Please note that your use of the DrivEye websites, including but not limited to Telematicssdk.com, and other web-sites registered under DrivEye name and its parents, subsidiaries, and affiliates (each a “Website” and collectively the “Websites”), is also governed by the Website terms of use. 1. Eligibility The Services are strictly for your personal, non-commercial use. You may use the Services only when and as available. No individual under the age of thirteen (13) may access, use, or participate in the Services without the prior written consent of a parent or guardian. As a general rule, DrivEye also requires consent of a parent or guardian if you are under the age of eighteen (18), but may, at its sole discretion, make exceptions from time to time. 2. Use of the Services You acknowledge and agree that participation in the Services is voluntary. By participating in the Services, you agree to receive invitations to participate in the future. Additionally, DrivEye may provide you with the opportunity to communicate with other Users and/or DrivEye and DrivEye’s partners. For more information on how to unsubscribe from these or other DrivEye communications at any time, see Section 8 (“Opt Out Policy”) below. As part of your access to, use of, and/or participation in Services, you may be required to disclose certain personally identifiable information (“PII”) to DrivEye. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that DrivEye will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII. Please review DrivEyes Privacy and Cookie Notice for more information on DrivEye’s privacy practices. You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms. 3. Unauthorized Uses You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any services, or Rewards (as defined herein); (ii) take any action to interfere with any Website or Application, or an individual’s use of any Website or Application, including but not limited to by overloading, “flooding”, “mail bombing”, or “crashing” any Website or Application; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including but not limited to spyware; (iv) collect any PII of or about any other user of the Services; (v) send unsolicited emails to DrivEye or any other user of the Services, including but not limited to promotions and/or advertising of products or services; (vi) forge or mask your true identity; (vii) frame any portion of any Website or Application within another website or application, or alter the appearance of any Website or Application; (viii) establish links from any other website to any page of, on, or located within any Website or Application, or establish links from any other website to the Services, without the prior express written permission of DrivEye; (ix) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content, or any material or content that could otherwise violate Applicable Laws (as defined below); (x) engage in any fraudulent activity, (xi) reverse engineer any aspect of the Services; (xii) take any action that might reveal or disclose the source code of any Website or Application; (xiii) bypass or circumvent measures or controls utilized to prohibit, restrict, or limit access to any content or code; (xiv) engage in any criminal or illegal act; (xv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xvi) encourage and/or advise any individual, including but not limited to any DrivEye employee, to commit any act prohibited hereunder. 4. Restricted Content In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to DrivEye or DrivEye’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of DrivEye. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section 4, in addition to any other rights or remedies available to DrivEye, DrivEye reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Services. Additionally, and without limiting the foregoing, you acknowledge and agree that DrivEye considers any research conducted for DrivEye and the information that is related to that research, including but not limited to any Surveys and studies to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than DrivEye; (ii) you will not, unless expressly permitted by DrivEye, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by DrivEye, and DrivEye has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in DrivEye, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to DrivEye; and (v) DrivEye may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.
5. User Content and personal and sensitive information
You (an app user) may post, upload or submit images, photos, audio, video and/or other types of content in connection with the Services (“User Content”). You are solely responsible for all User Content, including all third party approvals, consents, and authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including but not limited to DrivEye’s client, clients of DrivEye’s client, and third party service providers. User Content should not contain copyrighted or trademarked content or material of any third party or audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for User Content. an app user remains the owner of your User Content. By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to DrivEye (and/or the clients of DrivEye) a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice. You are solely responsible for User Content. DrivEye does not and cannot review all User Content. DrivEye reserves the right to delete, move, or edit User Content that is, in DrivEye’s sole discretion, deemed to: (i) violate these Terms; (ii) violate copyright or trademark laws; or (iii) be abusive, defamatory, obscene, or otherwise unacceptable. DrivEye does not aim to collect personal information (excluding Location and other data from smartphone sensors), in case if this information was provided or captured, this information is used only to carry out the obligations arising from providing and improving our services and for the other uses described in this Privacy Policy below. This section describes the types and categories of personal information we may receive or collect, and the next section of this Privacy below describes how we may use that information.
Information provides us by users or clients. When you download a mobile application developed by DrivEye and related companies, sign up Sandbox account, or Datahub account, or contract for the Service, we may receive or collect one or more of the following items: name, address, email address, company name, market vertical, country, telephone number, account password, payment information, credit card information and other billing data. For example, you may provide personal information directly to us in connection with signing up, registering or interacting with DrivEye or our partners/clients through the use of the Service, when you set up an account for services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Service.
Client customer data. Client Customer Data consists of personal and non-personal information collected from Client Customers as a result of using Client Services that is then received or collected by Company in connection with the Services (“Client Customer Data”). You agree not to provide or arrange for us to access— through the use and implementation of our Services or otherwise— any Client Customer Data that we are not permitted to use in accordance with this Privacy Policy, other applicable agreements, or any applicable law. As a result of your use of the Service, we may collect the following Client Customer Data: an individual’s gender, city or state of residence, age, characteristics, driving behavior, driving locations and driving activities as well as data regarding particular trips one has taken, types of vehicles used and similar information. We collect, receive, and store non-identifying data when you directly provide it to us through the Services, or when a Client Customer provides it through the use of Client Services that employ or are connected to the Services. Client may choose to share additional Client Customer Data with us, such as name, email address, and other information, which will then identify the user associated with the Client Customer Data.
Information We Automatically Collect. We may receive, collect, generate and store certain types of information whenever you use the Service, as well as when Client Customers use the Client Services or otherwise interact with us. For example, one of our applications or Services may collect data regarding driving activities or behavior and our Services may then analyze such data and generate derivative data or aggregated data as well as reports and other output. As another example, we may automatically record your activity when using the Service such as the time and date of your activities, your IP address, browser type, Internet Service Provider, page views, domains, operating system, and similar information. Also, we may automatically send and receive information to and from a computer, mobile phone or other devices in connection with the use of the Services. Like many websites and online services, we may also use “cookies” (see the below section titled “Our Use of Cookies” for more information), log files, web beacon technologies, and other automated tools to obtain certain types of information when a web browser, mobile application or other applications accesses the Services. This information helps us provide the Service and design and improve the Service to better help our users.
How Is Information Used?
Company may use the information submitted, collected, received or generated from or about you or Client Customers for any of the following purposes: We receive and analyze smartphone location data to detect the start and stop of driving. Once the system detects driving, the mobile application as a part of mobile application starts recording trip data (Telematics data related to precise trip) such as Location, speed, time, accelerometer data, gyroscope data. Collected data is used for further analysis described below:
Interpret collected telematics data into vehicle movements data including driving behavior, location, trips, and points of interest.
To operate, provide, administer, develop, and improve the Service, as well as to operate and support the Company’s related businesses;
To better understand how you and Client Customers access and use the Services on an aggregated and individualized basis, to track and monitor usage, to conduct quality control, to fix technical and other errors or problems, as well as to conduct market research and to respond to user desires and preferences;
To analyze, compile, publish, sell and otherwise similarly commercialize information (other than personal information unless de-identified or anonymized), including without limitation derivative information and analyses, relating to usage and users of the Services. The foregoing includes, for example, the distribution or sale by Company of aggregate or de-identified or non-identifying data or the use of de-identified or non-identifying data to provide products or services to third parties;
To provide personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to the usage of our Services;
To provide user support and handle inquiries;
To communicate with or contact you concerning the usage of or participation in the Services, and for other customer service purposes; this could include the use of e-mail addresses to send messages and notices for the purposes described above and below;
To offer content, services, or other products and services, including to develop new services and products;
To comply with applicable laws, rules and regulations and any regulatory mandate or court order;
To enforce our Terms of Service, as well as other applicable agreements, rights, and remedies;
To protect the safety of any person, to address fraud, security or technical issues, or to protect the Company’s rights or property;
To use in any other manner, or for any other purpose, for which you have given permission or consent to Company.
When Is Information Shared or Disclosed?
Information provided by our users is an important part of our business. Company will share and disclose information submitted, collected, received or generated from or about you or from or about Client Customers only as compatible with the purposes described in this Privacy Policy and as permitted by law. You are responsible for ensuring the legal basis for processing and obtaining any required consent from your Client Customers and providing such notice to your Client Customers as part of your use of the Service. Information is shared with or disclosed to others as follows:
Aggregated Data and Anonymous Data: Company may publish and otherwise disclose on an aggregated basis, information (including derivative information and analyses) relating to usage and users of the Services. Company may also publish and disclose information that does not contain personal information or is de-identified and not connected to the name of an individual or entity nor connected to similar information that would allow one to be specifically identified or contacted;
Company Affiliates: We may share your and your Client Customer Data with our subsidiaries and other affiliates, but only if those entities are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy;
Public Forum: Any User Content or other user information, content or materials submitted, posted, shared, transmitted or otherwise provided to public portions of the Service may be shared with the public without restriction. Company also reserves the right to publish or make publicly available any information that is already publicly available prior to the time first provided to or collected by Company or information that becomes publicly available without any action or omission on the part of Company;
Contractors, Collaborators and Agents: We may employ other companies and individuals to perform functions or services for Company or otherwise act on our behalf. Examples include resolving service problems, hosting websites or software, correcting errors related to the execution of the Services, sending postal mail and e-mail, analyzing data, providing marketing assistance (including data concerning marketing and promotional programs), developing websites and software, providing customer service, assisting Company with providing, administering, developing or improving the Services, as well as for other purposes within the ordinary course of business. These third parties may have access to the personal information and other information needed to perform their functions on our behalf. We use reasonable efforts to require these companies to (1) provide adequate protections for personal information that are no less protective than those set out in this Privacy Policy and (2) use personal information only for the purposes for which the third party has been engaged by us. We are not liable for the acts or omissions of these third parties, except as provided by applicable law;
Business Transfers and Collaborations: As we continue to develop our business, we might sell the Company or its business or assets or sell or buy online sites, services, subsidiaries, or other businesses; or we might collaborate or partner with other companies in strategic transactions, business arrangements or licenses. In such transactions, customer and user information and information regarding usage of the Services (including without limitation Client data, User Content and Client Customer Data) generally would be one of the transferred business assets or otherwise one of the components of, or involved in, the transaction; we may therefore share this information in connection with such transactions or arrangements;
Compliance with Law and Protection of Company and Others: We reserve the right to disclose personal information and any other information when we believe release is appropriate to comply with the law, judicial proceeding, court order, subpoena or other legal process; detect, prevent, or otherwise address fraud, security, emergency situations or technical issues; enforce or apply our TOU, Terms of Service and other agreements, rights and remedies; or protect the rights, property, or safety of Company, our employees and contractors, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes.
The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third-party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage, and disclosure of such information by these third parties is subject to their own privacy policies.
PERSONAL AND SENSITIVE INFORMATION IN CASE IF WE RECEIVE FROM OUR CLIENTS OR APP USERS, OR COLLECT ANY PIECE OF SENSITIVE OR PERSONAL DATA, DATA MOTION AND AFFILIATED PARTIES MUST NOT:
Extend usage of received data and use it above the purpose described in the part “How is the information used”
Handle all personal or sensitive user data securely, including transmitting it using modern cryptography (over HTTPS).
Use a runtime permissions request whenever available, prior to accessing data gated by Android permissions.
Not sell personal or sensitive user data.
6. Rewards
In connection with your use of the Services, you may have the opportunity to accumulate Rewards. Rewards may be in the form of cash, gift cards, coupons, discounts, sweepstakes entries, prize drawing entries, or other items of value. Information, official rules, and terms and conditions governing any Rewards may be described in these Terms, on the Websites, on websites or webpages designated for redeeming Rewards, and/or in any newsletter or other communication distributed or published by DrivEye. DrivEye may modify, alter, delete, or add new terms and conditions related to any Reward at any time without notice. For DrivEye this includes but is not limited to modifying, altering, adding, or deleting available Rewards, and modifying, altering, adding, or deleting any conditions for earning incentives or rewards, at any time without notice. In addition, DrivEye may terminate or cease offering any Reward in connection with the Services, at any time without notice. DrivEye makes no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Rewards, including but not limited to any warranty of merchantability or fitness for a particular purpose. DrivEye is not, and will not be, liable or responsible for the performance or failure of any product or service given to you as, or redeemed with, a Reward, or for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with such product or service. DrivEye will not replace any lost, stolen, misplaced, or damaged Rewards. The suppliers or providers of any products or services offered in connection with Rewards, and/or the owners or operators of the any website(s) on which you redeem any Reward, may have their own terms and conditions. Please review these terms and conditions carefully. PII may have to be collected, processed, and/or disclosed in connection with a Reward program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your PII for such purposes, and all such PII shall be subject to the terms set forth in DrivEye’s Privacy and Cookie Notice.
7. Taxes
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAXES, AND THAT SUCH TAXES ARE SOLELY YOUR RESPONSIBILITY. DrivEye may provide you and/or the appropriate government agency or taxing authority with information related to any Rewards you earn in connection with the Services. You agree to provide DrivEye with all required information to assist DrivEye in complying with its reporting or withholding obligations. DrivEye may withhold any tax from any Reward as required by applicable law. In the United States, if you receive Rewards the total value of which equals or exceeds $600 in any tax year, you will be required to furnish your taxpayer identification number or complete and return a W-9 form before the awarding of any Reward to comply with IRS tax reporting requirements.
8. Opt-Out Policy
You may opt out of the Services (including, without limitation, from receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the applicable website or contained in any email received from DrivEye; or (ii) sending an email to info@DrivEye.aiDrivEye shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Please allow a few days for the processing of opt-out requests, during which period you may receive communications that were created or compiled prior to your opting out. Please see DrivEye handles information and data following an unsubscribe or opt-out request.
9. Links
In connection with your use of the Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). DrivEye does not endorse any Third-Party Website nor any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). DrivEye does not make any representations or warranties regarding Third Party Websites or third party information. Please carefully review all policies and terms applicable to Third Party Websites.
10. Communications with DrivEye
Except for PII and Your Responses, all communications and User Content submitted or transmitted by you to DrivEye, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by DrivEye for any legal reason.
11. Disclaimer
THE SERVICES, INCLUDING ALL INFORMATION, MATERIAL, AND COMMENTARY MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”, AND DRIVEYE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION, CONTENT, MATERIAL, AND COMMENTARY. FURTHER, DRIVEYE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DRIVEYE DOES NOT WARRANT THAT: (I) THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES (OR INFORMATION, SURVEYS, PRODUCT TESTING, CONTENT, MATERIAL, OR COMMENTARY CONTAINED THEREIN) WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED; (III) THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICES OR ANY DRIVEYE APPLICATION WILL NOT HAVE ANY HARMFUL EFFECT ON YOUR COMPUTER OR YOUR MOBILE DEVICE. DRIVEYE DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES. DRIVEYE SHALL HAVE NO OBLIGATION TO COMMUNICATE WITH ANY MANUFACTURERS, RETAILERS, OR OTHER THIRD PARTIES WHOSE PRODUCTS/SERVICES ARE THE SUBJECT OF A SURVEY OR PRODUCT TESTING. DRIVEYE IS NOT RESPONSIBLE FOR REPAIRING, REPLACING, OR IMPROVING ANY SUCH PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12.Changes
DrivEye hereby reserves the right, in DrivEye‘s sole discretion, to make changes to these Terms. DrivEye encourages you to review these Terms on an ongoing basis. DrivEye will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
13. Indemnification
You agree to indemnify, defend, and hold harmless DrivEye, including its parents, affiliates, and subsidiaries (and their respective members, managers, shareholders, directors, officers, employees, and agents), from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
14. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DRIVEYE BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER DRIVEYE IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, federal, state, and local laws, codes, regulations, rules, and requirements (“Applicable Laws”) regarding your use of, participation in, and/or access to the Services.
16. DrivEye Employees
DrivEye employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Services. For the purpose of this Section 16, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends. DrivEye employees may use, access, or participate in the Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Services. DrivEye’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services.
17. Security and Protection of your information
DrivEye prioritizes safeguarding your information and protecting the security of your personal information and your Client Customer Data. We use appropriate, industry-appropriate security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, user information covered by this Privacy Policy (excluding any such data that may be disclosed or publicly shared in accordance with this Privacy Policy. In this regard, we employ administrative, physical and technical measures designed to protect personal information from unauthorized access and disclosure and to safeguard such information against loss, theft, alteration, and destruction. No method of security is 100% secure. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of unencrypted electronically stored personal information (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on or through the Services in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement, (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and (iii) applicable law.
18. Notices
Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to DrivEye should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below. DrivEye Email: camera@driveye.com.br Except as otherwise required by Applicable Laws, you agree that DrivEye may provide notices to you: (i) via the e-mail address provided by you to DrivEye (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that DrivEye did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to DrivEye (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website. You agree to check the applicable Website frequently for notices and to keep your PII up-to-date.
19. Severability
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
20. Disputes
These Terms and your access to, use of, and/or participation in the Services shall be governed by and construed in accordance with the laws of BRAZIL, without regard to any portion of any choice of law principles that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services shall be subject to the exclusive jurisdiction of BRAZIL
21. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. DrivEye’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent DrivEye from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms, or policies referenced herein or incorporated herein, and any requirements specific to a Study or survey, represent the entire understanding and agreement between DrivEye and you with respect to the subject matter hereof.
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us:
Email: hello@driveye.com.br