Terms of Data use
These Terms of Data Use (Terms) apply to the processing the Shared Data, provided by Hyva Holding B.V. or any other subsidiary of the Hyva Group (Hyva) to the Data Recipient. By processing the Shared Data, Data Recipient accepts and agrees to comply with these Terms. These Terms form the integral part of General Sales Terms and Conditions of the Hyva Group available at https://www.hyva.com/en/sales-terms-and-conditions/.
1. Definitions
Data Recipient means the manufacturer, body-builder, importer, dealer, after-sales service provider or other persons involved in vehicle manufacturing, sales or after-sales that gets access to the Shared Data collected from the End-User Vehicles using Hyva Digital Solutions products.
Hyva Digital Solutions refers to a subset of Hyva connected products consisting of hardware sensors and the controller installed on the End-User Vehicles which collect and process various data. The output of the data is made available on the vehicle integrated device or on the app of the portable device for viewing by the Vehicle Operator. The data is further transmitted to the SaaS via wireless telecommunication networks. End-Users can access the SaaS using a web browser application programming interface or through a software application which is separately installed into End-User’s computer(s).
Shared Data refers to the subset of data collected by Hyva Digital Solutions which is technical and non-personal and which is shared by Hyva with the Data Recipient for the use as provided in these Terms.
SaaS means the internet-based, password-protected interface and underlying software for Hyva Digital Solutions provided on a Software as a Service basis.
Vehicle means End-User’s truck or other land vehicles on which Hyva Digital Solutions hardware is installed.
End-User means owner or a legal user of Hyva Digital Solutions products.
Vehicle Operator means a driver, or any other actual operator of the Hyva Digital Solutions installed on a Vehicle.
2. Shared Data
2.1. The purpose of Hyva Digital Solutions is to collect information about the Vehicles to ensure the safety of operation and longer lifetime of the trucks and trailers. Most of the data collected pertains to the Vehicles and the use thereof, such as overload weight level, maximum oil pressure or average cylinder pressure. In addition, it may include the GPS and other driving data such as driving speed. However, it does not include any direct identification of individual Vehicle Operators. Therefore, individual Vehicle Operators can only be identified if the Shared Data is matched with other additional data. In addition, the Vehicles are often used by various Vehicle Operators thus making identification of individual Operators virtually impossible. Hyva does not have any additional data in its possession to enable Hyva to identify individual Vehicle Operators. Therefore, Shared Data is not personal data within the meaning of the EU GDPR.
2.2. Data Recipient acknowledges that Data Recipient also does not possess any additional data which, matched with the Shared Data, will enable it to identify individual Vehicle Operators. Data Recipient also undertakes to process Shared Data for research and development, diagnostic, warranty enforcement and corrective purposes only and that it does not and will not process the Shared Data with the purpose of identifying individual drivers.
2.3. Neither Hyva nor Data Recipient shall be considered personal data controllers within the meaning of the EU GDPR. At the same time, in contrast to Hyva and Data Recipient, End-users may have additional data which can enable them to match Shared Data with individual drivers or truck operators. As a result, the same data may be considered personal data from End-user’ perspective.
2.4. By agreeing to these Terms, Data Recipient acknowledges and accepts that Hyva has not acquired consent for data processing from the Operators of the vehicles on which the Hyva Digital Solutions is installed.
2.5. In case the legal qualification of personal data within the context of connected vehicles changes or should Data Recipient start processing any additional data which may enable it to identify individual Vehicle Operators, Hyva reserves the right to modify these Terms or cancel the Data Recipient access to the Shared Data after the written notice.
2.6. Hyva shall be entitled to share the Shared Data without any limitations with any other third parties.
3. Modalities of Shared Data Provision
Shared Data shall be provided to Data Recipient in the off-board mode, i.e. only after the Shared Data has been transmitted to the Hyva Digital Solutions cloud.
4. Data provided “As is”
Hyva shall not be liable for any errors or omissions in the Shared Data. Hyva does not make any representations or warranties concerning the accuracy or completeness of the Shared Data or the results to be obtained from it.
5. Permitted data use
5.1. Data Recipient shall be entitled to use the Shared Data, including sharing with the bodybuilders, importers, dealers, after-sales service providers or other persons involved in vehicle manufacturing, sales or after-sales for Vehicle’ development, diagnostic, warranty enforcement and corrective purposes (Purpose) only, and not for any other purposes. Data Recipient is prohibited to share individual Vehicle data with any End-User other than the owner of that Vehicle.
5.2. Data Recipient is also explicitly prohibited to combine Shared Data with any other data so that the combined data may lead to identification of individual drivers and constitute personal data within the meaning of the GDPR.
6. Data Recipient’s obligations
6.1. Data Recipient shall take appropriate technical and organizational measures to ensure the security and confidentiality of the Shared Data and disclose it to the individuals who need to know / access the relevant Shared Data, as strictly necessary for the Purpose, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
6.2. Upon Hyva’s request, Data Recipient undertakes to delete all or any part of the Shared Data provided by Hyva.
6.3. Data Recipient shall notify Hyva without undue delay upon Data Recipient becoming any aware of any unauthorized disclosure, theft or use of the Shared Data. Data Recipient shall indemnify Hyva against any claim related to any such event.
7. Data Recipient’s indemnity
Data Recipient shall hold harmless and indemnify Hyva from and against any liabilities arising from any claims by any third parties related to the use, unauthorized disclosure or theft of the Shared Data.
8. Data Ownership
Data Recipient shall not acquire any ownership rights to the Shared Data.
9. Governing Law and Jurisdiction
9.1. The parties to this Agreement hereby submit any disputes or claims howsoever arising under this Agreement, including disputes regarding its existence, validity or termination or the consequences of its nullity to the exclusive jurisdiction of the Dutch courts.
9.2. This Agreement and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the Netherlands.
10. Termination
Hyva may terminate the provision of Shared Data to the Data Recipient with the immediate effect upon written notification.
11. Severability
Should any provision of this Agreement be invalid or unenforceable, then the remainder of this Agreement shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
12. Entire Agreement
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
Last updated 15/12/2023