Privacy Statement

INTRODUCTION
TimeMoto B.V. together with its affiliates (‘TimeMoto’, ‘we’, ‘our’, or ‘us’) is a global company committed to providing businesses intelligent time registration and planning solutions which include clocking-in devices and cloud applications that put time management at the core of every forward-looking business. As a result of our service offerings, TimeMoto processes personal data (‘Personal Data’) about our existing and prospective customers and partners.

 At TimeMoto we value your privacy and are committed to protecting your Personal Data. In this privacy statement (‘Privacy Statement’) we describe who we are, how and for which purposes we process your Personal Data, how you can exercise your privacy rights and all other information that may be relevant to you. We did our best to provide you with all the necessary information in a clear and readable format, however, if you have any questions about our use of your Personal Data, this Privacy Statement, or any other comments, you can reach out to us via the contact details listed below.   

We may also provide additional privacy notices or information to you at the time when we collect your data. For example, if you subscribe to our newsletters or want to be informed about upcoming deals and promotions. Such notices will govern how we process the information you provide at that time.

This Privacy Statement does not apply to the extent we process Personal Data in the role of a data processor (‘Data Processor’) or service provider on behalf of our clients. For detailed privacy information related to a client or a client affiliate who uses our services as the Data Controller, please contact the relevant client directly. We are not responsible for the privacy or data security practices of our clients, which may differ from those explained in this Privacy Statement.

The capitalised words in this Privacy Statement have the meanings ascribed to them in this Privacy Statement and the definitions provided below.

HOW CAN YOU CONTACT US?

For general inquiries you can contact TimeMoto BV using the contact form. For specific questions regarding this Privacy Statement, you may contact the Data Protection Officer (‘DPO’).

TimeMoto B.V. 
Heliumstraat 14
2718 SL Zoetermeer
the Netherlands

CONTACT FORM

Data Protection Officer
We have appointed a Data Protection Officer (‘DPO’). If you have any questions relating to the processing of your Personal Data or want to contact our DPO, feel free to do so using the details provided below:

Email: privacy@timemoto.com

DEFINITIONS
Below are some key terms relevant to this Privacy Statement:

Personal Data: Any information directly or indirectly relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

Data Subject (You): Natural person(s) whose Personal Data is processed, specifically in this case, the customer or website visitor. 

Data Controller (We): Natural or legal entity that determines the purpose and means for the processing of Personal Data. In the context of this Privacy Statement, this is TimeMoto B.V.

Data Processor: Natural or legal entity processing Personal Data on behalf of the Data Controller.

Special Categories of Personal Data: Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a Data Subject’s sex life or sexual orientation. Please note that we do not process any Special Categories of your Personal Data unless you provide us with your explicit consent.

Data Protection Legislation: Data Protection Legislation refers to the applicable laws that govern the protection of Personal Data and data privacy. This primarily includes the legislation applicable to the processing of Personal Data in the EU, such as the General Data Protection Regulation (‘GDPR’), the ePrivacy Directive (‘ePD’), as well any national laws implemented in connection with the aforementioned legislation. Additionally, it extends to applicable laws in other countries where TimeMoto has a presence.

WHAT PERSONAL DATA DO WE COLLECT AND WHY?
We collect Personal Data directly from you when you enter our website or interact with us by other forms of communication. If you choose not to provide Personal Data to us, you might not be able to make use of the desired service/function or get technical assistance.

When you visit our website or contact us by other means, we process your Personal Data for the purpose of providing you with the best service we can offer. Additionally, we process your Personal Data to comply with our Data Protection Legislation accountability requirements as a Data Controller.

What categories of Personal Data do we process?
We only collect Personal Data that is necessary for our intended purposes and in accordance with the Data Protection Legislation:

·     Contact information: When you purchase a solution from us, when you contact us, or when you create an account with us, we process Company name (if applicable), your full name, delivery and/or invoice address, country of preference, telephone number(s), email address, language, and job title.

·     Information related to invoices: We process your Personal Data for invoicing purposes to ensure accurate billing and maintain financial records in compliance with legal requirements. This information includes your bank account number, VAT number, billing country, details relating to your order, invoicing or payment, and details concerning solution registration and warranty.

·     Solution information: We process your Personal Data when you register the purchased solution on our website. This information includes your email address and details relating to your solution.

·     Cookies, IP addresses and behavioural information: We may process this information when you visit our website, depending on the preferences you set yourself. For more information, please see our Cookie Policy and Cookie Preference Centre on our website.

How do we collect your Personal Data and why?
In most instances we collect Personal Data directly from you, for example through our contact form. In other instances, we may collect data based on your browsing on our website, or from third-party platforms, e.g., when you leave a review about us.

Below are the purposes for which we process Personal Data in relation to your interest in our solutions, interest in working with us or being our existing customer or resale partner. The lawful basis relied on for each purpose is also described herein. We will use the Personal Data we collect about you as follows:

·     To process orders and to deliver solutions, and services: When you place an order on our website, we collect and process your Personal Data. This information is necessary to fulfil your order, process payments, and arrange for the delivery of the solution, and services you have purchased. We rely on the necessity of contract performance as the legal basis for this processing, as it is required to fulfil our obligations under the contract with you.

·     To process payments and discount coupons: We use your Personal Data to securely handle payments and apply any applicable discount coupons to your orders. This ensures a smooth and convenient checkout process for your purchases. We rely on the necessity of contract performance as the legal basis for this processing, as it is required to fulfil our obligations under the contract with you.

·     To process return requests within 30 (thirty)-day satisfaction guarantee period or to handle repairs: If you request a return within the specified satisfaction guarantee period or need assistance with repairs, we will process your Personal Data to facilitate these actions. We rely on the necessity of contract performance as the legal basis for this processing, as it is required to fulfil our obligations under the contract with you. We rely on this basis also to facilitate the refund and to collect any repair costs.

·     To communicate with you about orders, products, solutions, and/or services: We use your provided contact information to communicate with you regarding your orders, delivery updates, and any matters related to our solution, or services. We rely on necessity of contract performance as the legal basis for this processing, as it is required to fulfil our obligations under the contract with you.

·     To send solution surveys: We use your provided contact information to seek feedback regarding your satisfaction using our solution and/or services. Feedback may also be requested from within the solution that is being used. We rely on legitimate interest as the legal basis for this processing, as it enables us to learn and improve the services that we offer.

·     To facilitate account creation and to enable easy amendments and updates of your account data: When you opt to create an account with us, we will use the information you provide to complete the registration process. We rely on our legitimate interest as the legal basis for this processing, as it enables us to establish and manage your account according to your preferences. By creating an account on www.timemoto.com, you can enjoy a more convenient and faster order placement, access to your order history, and order tracking.

In order to maintain accurate and up-to-date records, we also allow you to review and amend your Personal Data through your account settings. This ensures that the information we have about you remains accurate and relevant.

·       To display personalised content such as wish lists, customer assessments, solution advice and solution comparisons: We may utilise your browsing behaviour and purchase history on our website to provide tailored content, such as wish lists, solution recommendations, and customer assessments. This enhances your shopping experience and helps you find solutions that match your interests and preferences. The legal basis for this processing is your consent, which you provide by ticking the appropriate box in the Cookie Banner. We will only track and use your data for personalised content if you have given your consent to do so. You can change your cookie preferences at any time.

·     To provide recommendations for additional products or solutions, and/or services which could possibly interest you, inform you of special offers, as well as provide you with our newsletter: Based on your previous purchases and browsing behaviour, we may recommend similar products or solutions and services that align with your preferences. We will communicate this to you via email. This allows us to personalise your shopping experience and provide you with relevant offers. We may also send you a recurring newsletter if you have subscribed to it. In order to process your Personal Data for this purpose we rely on the consent you willingly provided before completing your purchase or subscribing to the newsletter as the legal basis. You will have the opportunity to easily opt-out or unsubscribe of any subsequent email you receive for this purpose.

If you are a reseller, then we may inform you of a new or upcoming solution, or updates to an existing solution via email. It is in our mutual interest to keep you informed about relevant developments that could further our business collaboration. We rely on the consent provided by the designated contact person of the reseller organisation to process their Personal Data for this purpose. You will have the opportunity to easily opt-out or unsubscribe of any subsequent email you receive for this purpose.

·     To implement fraud or misuse prevention and detection measures and to utilise third-party support for technical, logistic, or other functions: We may use your Personal Data to detect and prevent fraudulent activities or misuse of our website. Additionally, we may share certain data with third-party service providers who assist us in performing technical, logistic, or other functions on our behalf, such as data storage or order fulfilment. We rely on legitimate interest as the legal basis for this processing, as it is necessary to protect our website and business from fraudulent activities and to ensure its proper functioning.

·     To implement cookies: We implement strictly necessary, functional, analytics and marketing cookies to ensure the seamless operation, personalised experience, and informative content delivery across our website. These cookies enhance user interactions, provide insights for continuous improvement, and facilitate custom communications. We rely on the consent of the website visitor to process Personal Data to implement functional, analytics and marketing cookies. For more information, please see our Cookie Policy and Cookie Preference Centre on our website.

·     To share customer testimonials and reviews: We may showcase customer testimonials and reviews on our website to highlight your experiences with our solutions, and/or services. These testimonials may include written content and, if willingly provided, pictures of customers or contact persons of our reseller partners. When testimonials are left directly on the website, we rely on legitimate interest to process your Personal Data, in order to transparently share valuable insights from our customers' perspectives. If you choose to willingly provide us with a picture of you to go along the testimonial, we will rely on the consent you have given us to process that picture. We may also utilise reviews and testimonials provided on external platforms like Google, Capterra, Trustpilot and Amazon. We rely on our legitimate interest to process this information, as it is in our commercial interest to share any feedback about TimeMoto.

·     To provide you with an extended warranty: When you register your solution on our website by providing your solution details and contact information, we may provide you with an additional 1 (one) year warranty on your hardware solution. We rely on our legitimate interest to process your Personal Data for this purpose.

·     To order a product or solution through third-party marketplaces: When you order our product or solution through third-party marketplaces such as Amazon, eBay, bol.com etc., we process the Personal Data you have provided with the purchase to deliver your order. We rely on the necessity of contract performance as the legal basis for this processing, as it is required to fulfil our obligations under the contract and ensure the successful delivery of your order.

·     To build marketing and advertising audiences: We participate in creating look-alike audiences to improve our advertising or to exclude current customers from our advertising. This involves sharing email addresses with advertising platforms, allowing them to create audiences that share similar characteristics with our existing users. We achieve this process based on our legitimate interest to enhance our advertising efforts through these customised audiences, resulting in more relevant and meaningful content for you.

Special Categories of Personal Data
In our capacity as a Data Controller, we do not actively collect Special Categories of Personal Data for any of the purposes described in this Privacy Statement. If for whatever reason we need to collect such data, you will be informed at the time of collection, and it will only be done so with your explicit consent or in line with other lawful purposes under the Data Protection Legislation.

DO WE USE COOKIES?
Our website utilises cookies to differentiate you from other users, enhancing your browsing experience and enabling us to enhance our site's quality. For more information, please see our Cookie Policy and Cookie Preference Centre on our website.

HOW DO WE STORE AND RETAIN YOUR PERSONAL DATA?
We securely retain your Personal Data to provide you with a high-quality service, in full compliance with the Data Protection Legislation, and for as long as necessary to fulfil the purposes for which we collected the data. These purposes also include meeting legal, accounting, and reporting obligations.

When determining for how long to keep your Personal Data, we consider factors such as the nature, amount, and sensitivity of the information, as well as any potential risks associated with unauthorised use or disclosure. We also think about the purposes for collecting your information and whether we can achieve those purposes through different means.

Under certain circumstances, we may make your Personal Data anonymous so that it is no longer associated with you.

WHO MIGHT WE SHARE YOUR DATA WITH?
We may share your Personal Data with one or more third parties, regardless of whether or not the third party is connected to TimeMoto. We may share your Personal Data as per our instructions for the purposes of processing of orders, delivery of packages, sending e-mail or post, removing duplicate information on the customer list, analysing data, offering marketing support, processing credit card payments, delivering customer service and/or advertising or (personalised) marketing activities.

Whenever we grant third-party access to your Personal Data as described, we make sure to put in place the necessary contractual and organisational measures. These measures ensure that your Personal Data are processed only to the extent that it is both legitimate and necessary, pursuant to the Data Protection Legislation, and only in accordance with our instructions.

DO WE CONDUCT ANY INTERNATIONAL TRANSFERS OF PERSONAL DATA?
Where necessary for the processing purposes described above or where required by law, we may transfer your Personal Data outside of the EU/EEA to countries not deemed by the European Commission (as relevant) to provide an adequate level of personal information protection. In such cases any Personal Data transfer will be based on safeguards that allow us to conduct the transfer in accordance with the Data Protection Legislation, such as the specific contractual clauses approved by the European Commission as relevant to provide adequate protection of personal information.

We may also share Personal Data between the various entities within TimeMoto B.V. internationally. We will only do so based on the contractual safeguards that allow us to conduct the transfer, in case of data transfers to TimeMoto entities based in countries that are not identified by the European Commission as offering an adequate level of personal information protection.

WHAT SECURITY MEASURES DO WE IMPLEMENT?
We attach great value to your privacy. To that point, we have implemented generally accepted standards of technology and operational security in order to protect your Personal Data from loss, misuse, alteration, or destruction. Only authorised TimeMoto personnel are provided access to Personal Data and these employees are contractually or statutory obliged to ensure confidentiality of your data.

TimeMoto will implement appropriate contractual, technical, and organisational measures to ensure that the processing of your personal data is performed in accordance with the Data Protection Legislation, in particular ensuring an appropriate level of security.

WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?
Under the Data Protection Legislation, you have a number of rights regarding our processing of your Personal Data, as follows:

Right to be informed about our collection and use of Personal Data
You have the right to be informed about the collection and use of your Personal Data. We ensure that this right is upheld through our internal data protection policies and reinforced through this and other privacy statements. These are subject to regular review and updates to ensure their accuracy and alignment with our data processing activities.

Right of access
You have the right to access the information we process about you.

Right to rectification
You have the right to have incorrect or outdated information about yourself corrected. 

Right to be forgotten (right to erasure)
In certain exceptional cases you have the right to have information about you deleted prior to the conclusion of the designated retention period. 

Right to restrict processing
In some cases, you have the right to have the processing of your Personal Data restricted. If you exercise this right, we may only process your Personal Data with your consent, or for the purpose of establishing, asserting, defending, protecting, a significant public or private interest, except when we process your data for storage. 

Right to object
In certain cases, you have the right to object to our otherwise lawful processing of your Personal Data. 

Right to transfer your information (data portability)
In certain cases, you have the right to receive your Personal Data in a structured, commonly used, and machine-readable format and to have that Personal Data transferred from one Data Controller to another without hindrance.

Right to withdraw your consent
You have the right to withdraw your consent at any time in the circumstances where you have previously granted us consent to process your Personal Data.

Rights in relation to automated processing
An automated decision is one that is made by our systems rather than a person. You have the right to express your concerns and object to a decision taken by purely automated means under some laws such as the GDPR. You also have a right to request that a person review that decision.

This right is unlikely to apply to TimeMoto’s use of your data, as any automated processing we may carry out is unlikely to make decisions and would include human intervention. If you would like to discuss this in further detail, please contact us as set out above.

You can invoke any of the above rights by reaching out to us on the contact details provided above. When you submit a request, we will ask you some additional questions to verify your identity. We will respond to your request as soon as possible, but at the latest within one month.

QUESTIONS AND COMPLAINTS
In case you have any questions with respect to the processing of your Personal Data as described within this Privacy Statement, you can contact our DPO via the contact details above. 

Please note that you also have the right to lodge a complaint with the competent data protection supervisory authority concerning the way we process your Personal Data. However, we would appreciate it if you would first consider bringing up any concerns or complaints you have with us directly (using the contact details above). Your satisfaction is of utmost importance to us, and we will always do our very best to solve any problems you may have. If you have any questions regarding which supervisory authority is applicable to your situation, please contact us via the contact details above.

OTHER LINKS
Please be aware that our website may link to other websites that you may access. We are not responsible for the data policies, content, or security of such sites. We do not have any control over any use of your data by third parties when you visit such sites or otherwise provide your data through these channels.

CHANGES
TimeMoto reserves the right to modify or amend this Privacy Statement at any time. The effective date will be displayed below. It is the user's responsibility to check this document regularly for changes.

Thank you for taking the time to read our Privacy Statement.

Version 2.1; September 2023