Personal Data Use and Protection Policy
Applicable as of January 14th, 2021
1. Purpose of the present policy – Collection of certain Personal Data
We comply with all applicable regulations relating to personal data protection (“Applicable regulation“), and in particular all provisions defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR“), as well as the provisions of the French law n°78-17 of February 6, 1978, called “Informatique et Libertés” modified (the “LIL“). Any information relating to an identified or identifiable natural person constitutes “Personal Data” within the meaning of the GDPR. An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.
We hereby wish to inform you how we process and protect your Personal Data collected and controlled by Mobility Work on the Mobility Work Platform, including Personal Data collected on the Maintenance Management Application and the Hub Application.
It is specified that the terms “you”, “your” or “yours” as used in these terms refer to any natural person who is a Client or User of Mobility Work.
2. General rules applicable to the collection and processing of personal data
It is reminded that in accordance with the Applicable Regulations, the Personal Data are:
- a) Treated in a lawful, fair and transparent manner with respect to the persons concerned ;
- b) Collected for specified, explicit and legitimate purposes and not to be further processed in a manner incompatible with those purposes;
- c) Adequate, relevant and limited to what is necessary for the purposes for which they are processed;
- d) Accurate and, if necessary, kept up to date;
- e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed;
- f) Processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage by accident, by means of appropriate technical and organizational measures.
3. Identity and contact details of the data controller
The data controller within the scope of this policy is the company Mobility Work, a simplified joint-stock company organized and operating under the laws of France, with a capital of 2.038.470 euros, having its registered office located 44 rue de Lisbonne, 75008 Paris, registered with the Paris Trade and Companies Register under registration number 820 234 599, and represented by its CEO, Mrs Morgane Guinot.
Personal Data collected from Clients and/or Users through the forms available on the Mobility Work Platform and intended for Mobility Work are collected and processed, as the case may be, on the basis of a legal obligation, a legitimate interest of Mobility Work and/or the consent of the person concerned.
4. What is the nature and origin of the Personal Data collected?
In order to provide the Services, Mobility Work processes certain Personal Data of Clients and Users. The nature of Personal Data that are collected is subject to the way you use our Services. You can access all information we collect concerning you, modify them or delete them through the Profile settings of your Mobility Work account.
It is agreed that Mobility Work is not a party to the relationship between the Client and its Users and that there is no contractual relationship between Mobility Work and the Users.
4.1. What you and others do and provide.
- Account and Network creation.
Upon creation of an account by a User, or by an Administrator or a Client on behalf of a User, in accordance with article 3 of our Terms and conditions, we require that be necessarily provided the following information: last name; first name; valid email address; password.
Regarding the invoicing which allows to access to the Service, the following information shall also be required to be provide by email: postal address; phone number.
Any User may also, if he or she wishes to do so, may also add a profile picture and a phone number.
- Information and content you provide.
We collect the content, the communications and other information you provide when using our Services, in particular when you create an account, when you create or share content, by way of survey, or when you communicate with other Users of the Network or send them messages. This could comprise information contained in the content you provide (such as metadata) or concerning such content, such as the location of a photo, GPS coordinates of an Equipment or the date on which an activity has been created or modified.
- Networks and connections.
We collect information on the people, the pages of the Application, the accounts and the Networks in which you have contacts, as well as the way you interact with such through our Services, for example, Users with which you communicate most or the Networks you belong to.
We collect as well contact details if you choose to import such information (such as those belonging to your Networks’ Users) in order to facilitate the tool’s implementation or its functioning. We act in this case as a subprocessor of the Client.
- Your use.
We collect information relating to the way you use our Services, such as the type of content, activities and tasks you create, view, or with which you interact, schedule planning and other interventions, analysis of the time used per Equipment, activity, task or label, features you use, actions you perform, people with whom or accounts or Networks with which you interact, and the time, frequency and duration of your activities performed. For instance, we record your time of use and last use of our Services, as well as publications, videos and other content you view on our Services. We also collect information regarding the way you use the Mobility Work features.
- Information regarding transactions conducted through our Services.
We may, in the event you use our Services to process purchases or other financial transactions, collect information relating to such purchases or transactions. This comprises payment information, such as your credit or debit card number and other information relating to your card, other account and authentication information, as well as invoicing and delivery information and contact details. We may use services from third party providers, in accordance with the terms and conditions herein.
- Other people’s activity and information they provide concerning you.
We also receive and analyze content, communications and information other people provide when using our Services. This could include information concerning you, for instance when others share, duplicate or comment a picture, an activity, or a task created or modified by you, or send you a message or assign you to a task.
4.2. Information relating to devices.
As defined hereunder, we collect information concerning computers, mobile phones and devices, connected televisions, and other devices connected to the Internet that you use to access the Mobility Work Services.
Information we collect from such devices include:
- Device attributes: information such as the operating system, hardware and software versions, signal strength, available storage, type of browser, name and type of applications, files and plugins.
- Operations made on the device: information relating to operations and behavior on the device, such as when a window is brought to the forefront or backward, or movements made with the mouse (such permitting to differentiate humans from bots).
- Login information: personal login (username and email address).
- Device signals: Bluetooth signals and information that you authorize us to receive through your device settings which you activate, such as GPS location, your camera or your photos.
- Network and connection: information such as the name of your telephone or your internet provider, your language, your time zone, your mobile phone number, your IP address, your connection speed, and in certain cases, information concerning other devices located at proximity or on your Network in order for us for example to assist you in broadcasting a video from your mobile, television or any other device.
- Information from cookies: data from cookies saved on your device, in particular login information and cookie settings.
5. What is the purpose of the processing of the Personal Data collected?
We use the information at our disposal (subject to the choices you make) in the manner defined below, in order to provide and to ensure the functioning of the Mobility Work Services and related services.
We undertake to obtain the express consent of the persons concerned and to allow them to object to the use of their Personal Data for any other purpose, as soon as this is necessary.
In all cases, Clients and Users are informed of the purposes for which their Personal Data is collected via the various online data collection forms and via their actions on the Mobility Work Platform.
In any case, it is reminded that the Personal Data collected is necessary for the proper execution of the Services (as described below) and to enable us to comply with our legal obligations.
Without it, we are not able to provide all the services offered on the Platform.
The purpose of collecting, storing and processing this information and Personal Data is to:
5.1. Offer, personalize, and improve our Services.
We use the information at our disposal to ensure the provision and maintenance of our Services, in particular account creation, establishing of your rights depending on your profile, to personalize functionalities and content (in particular your newsfeed, your analytics dashboard, your schedule) and to make suggestions (such as late tasks to be address promptly). To create personalized Services which are both unique and relevant, we use your connections, preferences, and activities from the data we collect, information that you or third parties furnish and other information; we also use data relating to the way you use and interact with our Services; as well as data concerning people, location or elements with which or from which you have connected or that you have searched for on our Services.
- Information on all Mobility Work Services and devices: we link all information concerning your activity on the different Mobility Work Services and devices in order to provide you with a more personal and consistent experience of all Mobility Work Services you use, whichever medium you use. By way of example, we could suggest you request for assistance or visit our online help center, to view or duplicate our Services or official services, to join a Mobility Work group to which belong members of your Network, of your line of business or with which you communicate with through our integrated instant messaging service.
- Geographic information: we use geographic information (such as your current location) in order to offer, personalize and improve our Services for you and other Users. Such geographic information may in particular derive from device location (if you have authorized us to collect them), ID addresses and information relating to your use (and of others’).
- Research and development of Services: we use all information at our disposal to develop, test and improve our Services, in particular through surveys and research, and by testing and correcting new Services and new functionalities.
5.2. Provide measures, analysis and other professional services.
We use the information at our disposal (in particular relating to your activity) to enhance decision-making, maintenance management, assist you, your management and your company, for example to plan schedules, to address difficulties you may encounter, to determine axes for improvement or to put in place preventive actions.
We use such information to provide an analytics dashboard which allows for instance to follow in detail time spent per Equipment, per type of task, or associated costs.
5.3. Improve safety, integrity and security.
5.4. Communicate with you.
We use the information at our disposal to send you commercial communications, inform you of our Services and of our different terms and conditions. We also use your information to address your enquiries when you contact us.
The information also enables us to respond to Client and User requests and to facilitate the assistance services provided by the customer relations department.
5.5. Statistical Reporting and Analysis – Use of Anonymous and Aggregated Information
We may use certain Personal Data (such as the content and frequency of your tasks and activities) and other data about you to create de-personalized and aggregated information, including: de-personalized demographic information, de-personalized location information, information about the computer or device from which you access our services, or other analysis we create.
To enable Mobility Work to manage its business relations, if necessary, with its service providers and partners;
To provide information to potential future acquirers/merger partners, if any, in connection with the outsourcing, sale or combination (including by acquisition) of part or all of Mobility Work.
6. How do we share information?
Your information is shared with others as follows:
6.1. Data sharing on Mobility Work.
a. People and accounts with which you communicate and share content.
When you share and communicate through our Services, you have the possibility to choose the authorized audience of what you share. For example, when you create an Equipment, you choose the audience of your publication by selecting between private visibility (limited to the members of your Network) or public (accessible to any Mobility Work user). Similarly, when you use the integrated instant messaging service to communicate with individuals or businesses, said individuals or businesses may view the content you send. Your Network may equally see all actions you made on our Services, in particular all interactions with other Users or tasks and activities you have created or modified.
Public information can be seen by any user with a Mobility Work account (including trial users and free accounts), on our Services. This includes all information you share publicly with everyone on Mobility Work, including your first name and the first letter of your last name on the tasks you have created, modified or made public. You, other Users of Mobility Work, and us may grant access to public information or send to anyone within our Services or outside, through search results, or through tools or APIs. It is also possible to view, share and download public information through third party services, in particular through search engines, APIs and through specific applications, websites and other services integrated to our Services.
Your last name, email address and profile picture shall only be seen by members of your Network when you subscribe to the Mobility Work Maintenance Management Application.
f. Content concerning you or re-shared by others.
You should consider with whom you choose to share content, as persons who can see your activity on our Services may then share such information with other people on our Services and outside, including with persons and companies who do not belong to the audience with which you share your content. For example, when you share a publication with Users who are members of your Network, these Users can download this content, make a screen capture or re-share this content with other persons on Mobility Work or outside.
g. Information relating to your active status or your presence on our Services.
Members of your Network may see signals which indicate you are active or not on our Services, in particular if you are currently active on the integrated instant messaging service, or when you have created or modified an Equipment, an activity or a task for the last time.
6.2. Applications, websites and third-party services integrated to our Services or using our Services.
When you choose to use applications, websites or other third-party services which are integrated to Mobility Work, such applications, websites or third-party services can receive information relating to what you publish or share.
If you install or activate Third Party Software for use with any of our Services, you authorize us to allow the provider of such Third Party Software to access your Data as required for the interoperability of such Third Party Software with Mobility Work Services. We are not responsible for any disclosure, modification or deletion of your Data resulting from access by this Third Party Software.
a. Sharing with third-party partners.
We collaborate with third-party partners who assist us in furnishing and improving our Services or who use Mobility Work to develop their activity. We do not sell any of your private information to these third parties. We equally impose strict limitations in relation to the way partners may use and disclose data we share with them.
We provide advertisers with reports relating to advertising performance, but we do not share information which allows to identify you personally, unless you authorize us to such. For instance, we provide advertisers general information concerning users who have interacted with their ads (geography, business fields) to help them better understand their audience.
c. Suppliers and service providers.
We provide information and content, including Personal Data, to our suppliers and service providers, who are located within and outside of the territory of the European Union, and who support our business, including by offering services pertaining to technical infrastructure, providing Client service, and facilitating payment process or by allowing us to conduct surveys.
d. More generally, Personal Data may be shared with third party companies in the following cases:
- When you use payment services, for the implementation of these services, the Platform is in relation with third party banking and financial companies with which it has contracts;
- When you publish publicly available information in the Platform’s free comment areas;
- When you allow a third party website to access your Personal Data;
- When the Platform uses service providers to provide Services or Client and user support, advertising and payment services. These service providers have limited access to the Clients’s and/or User’s Personal Data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of Personal Data;
- If required by law, the Platform may carry out the transmission of data in order to follow up claims made against the Platform and to comply with administrative and legal procedures;
- If the Platform is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including Personal Data. In this case, Clients and users will be informed before Personal Data is transferred to a third party.
6.3. Non-commercial use of Personal Data.
We undertake not to commercialize the Users’ Personal Data that we collect.
We may aggregate the data communicated by / relating to Clients and Users in order to provide and market reports containing aggregated and de-identified data resulting from our analysis of the information communicated by the Client or a User if this data consists of a generic report relating in particular to machine failure rates, spare parts used, sensor information, and/or equipment maintenance, and if no link can be established between this data and the Personal Data collected.
7. Duration of Personal Data conservation
We retain Users’ Personal Data for the strict duration required in light of the pursued objectives, and in particular the proper functioning of the Application and the Services, and the management of Clients and Users, in accordance with legal and regulatory requirements. After this period, we will delete or anonymize your data or, if this is not possible, store your data securely and isolate it from further use until deletion is possible.
In any case, we anonymize any Personal Data at first request.
It is reminded that when the Client acts as data controller and Mobility Work as a subprocessor, it is up to the User to contact the Client regarding the processing of the corresponding Personal Data. The Client shall inform and guarantee his User of all his rights under the Applicable Regulations and Mobility Work shall assist the Client in exercising these rights.
When the Client subscribes to the plan giving access to the Audit Trail feature, Mobility Work will store Client data, including the Client’s User log data, in accordance with the Client’s instructions and as required by applicable law. The maximum retention period shall not exceed 10 years. We then act as subprocessors on behalf of the Client and provide this service in accordance with the Client’s data processing instructions.
Deletion of Client data and any other use of the Services by Client may result in the deletion and/or anonymization of certain other related information. For further information, please contact Mobility Work at the contact details provided herein or contact the Client.
8. Under which legal grounds do we process data?
We collect, use and share data in our possession if this treatment meets at least one of the following criteria:
- Under your consent, which can be revoked at any time through your profile settings on Mobility Work. You are reminded that we are not a party to the relationship between the Client and its Users, and that it is up to the Client to define with its Users the Personal Data of the User transmitted by the Client and/or by the User at the request and/or under the direction and responsibility of the Client.
- In compliance with our legal obligations;
- For the purposes of our (or others’ including our clients) legitimate interests, in particular our interests in providing an innovative, personalized, secure and profitable Service for our Users and partners and when we act as a subprocessor on behalf of our Clients, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data.
9. How can you exercise your rights under the General Data Protection Regulation?
In accordance with the General Data Protection Regulation, you have the following rights:
- Right to access, and notably the right to obtain copy of all your Personal Data, as well as all essential information regarding the way such Personal Data is used;
- Right to have rectified Personal Data, in prompt delays, and the right to have completed all incomplete, incorrect, ambiguous or obsolete information;
- Right to erasure of your Personal Data, if their processing is no longer necessary, or if you have withdrawn your consent or objected to their processing; or if their collection, use, disclosure or retention is prohibited;
- Right to portability of Personal Data; and the
- Right to object to their treatment.
The Client consequently guarantees the same rights to its Users with regard to the processing of Personal Data collected, processed and transmitted by the Client or by the User at the request and/or under the authority and responsibility of the Client.
In any case, if you wish to oppose the processing of your Personal Data or wish to delete your account, you may delete your account through your Profile Settings, or address your request by registered letter with acknowledgment of receipt to: Mobility Work, 44 rue de Lisbonne, 75008 Paris, or by email at [email protected], and we shall delete your account and all Personal Data within a period of 30 days.
For all other queries pertaining to Mobility Work’s use of your Personal Data, or for all requests for rectification, for the restriction on processing, or for the copy of your Personal Data, please address your request by registered letter with acknowledgment of receipt or by email respectively at the above-mentioned addresses. We shall treat your request within a period of 30 days.
Finally, you may also make any inquiry or request before the control authorities, and in particular before the CNIL (https://cnil.fr/fr/plaintes).
10. Data retainment, account deactivation and deletion
We retain your personal data until deletion of your account. At any time, to delete your account, please visit the User profile settings.
When you delete your account, you can:
- Choose to delete immediately all your Personal Data from the Application. We shall immediately anonymize all content you have published (your first and last name being replaced by “Anonymous User”) and you will no longer be able to retrieve your information following such;
- Choose to download all your Personal Data. Such will then be sent to you by email (under the Excel or .jpg formats) within 24 hours.
If the Client subscribes to the Audit Trail functionality, we then act as a subprocessor, and provide this service in accordance with our clients’ data processing instructions. The data may then be retained for up to ten (10) years.
11. How do we proceed to address all legal enquiries and to avoid all risks of damages?
We access, retain and share your information with all regulatory bodies and authorities:
- To answer any legal request, if we believe in good faith that we are required by law. We can also answer all legal requests if we believe in good faith that we are required by the law of such jurisdiction, that it affects Users of this jurisdiction, or under internationally accepted standards.
- When we have reasons to believe in good faith that such is necessary in order to detect, avoid or contain any fraud, unauthorized use of the Services, breach of our terms and conditions, or any other illegal or dangerous activities; to protect ourselves (in particular our rights, property or Services), you and others, including in the context of investigations or regulatory demands. For example, we provide content to third-party partners and receive information from such partners regarding the safety of your account to avoid all frauds, abuse or all other activities which could be damaging to our Service.
12. How do we manage and transfer data in the context of international services?
We share information internationally, with our Users, collaborators, partners and suppliers, and with all people with whom you interact and share content throughout the world, in accordance with the principles defined under the present policy, our Terms, and the provisions of the applicable regulation.
12.1. Processors and partners
We may use the services of third-party providers – processors – or partners which may have in particular as a consequence data processing outside of the European Union, and such in pursuance of our obligations under the Terms, and especially the provision of our Services.
In the case certain processors would be located in a country which does not present the necessary guarantees with regards to Personal Data protection outside of the European Union or in the case their own processors or partners would be established in such countries, we execute with said processors or partners specific agreements, in order to ensure all necessary and required guarantees to protect and secure data transfers in compliance with the provisions of the GDPR.
The list of said processors or partners may be provided to you upon request by registered letter with acknowledgment of receipt at the following address: Mobility Work, 44 rue de Lisbonne, 75008 Paris, France, or at: [email protected]
12.2. Data storage
13. How do we proceed to notify you of modifications brought to the present policy?
We shall notify you at least 15 days in advance of all substantial changes brought to the present policy and shall permit you access the revised version before continuing to use our Services.
14. Cookies and other storage technologies
A cookie is a small piece of data that is stored on your computer or mobile device. We use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage patterns, to track web traffic on our Services, and to personalize and improve our Services.
Mobility Work may collect certain information by means of cookies, subject to the choices expressed regarding cookies at the time of connection, which may be modified at any time.
Mobility Work uses such files for the following purposes, being specified that certain technical cookies are indispensable for the proper functioning of the Platform:
- Technical cookies
- Cookies for audience measurement – statistics production
- Sharing Cookies.
However, some of our services may not function properly if you disable cookies.
15. How do we ensure data protection and security?
We take all technical and organizational measures in order to ensure security of processing of Personal Data and their confidentiality, in particular to avoid their accidental or unlawful destruction or loss, alteration, disclosure or unauthorized access, taking into account the state of the art and implementation cost, at the appropriate security level, and in light of the nature of the data and the risks presented by their processing.
- Our staff is duly qualified and has received the appropriate training (GDPR, Security, Architecture…);
- Our data is stored with AWS (Amazon Web Service) in Paris, France and in Frankfurt, Germany;
- We use various services to perform automated tests et regular analysis of our code;
- We use services of specialized firms (Synacktiv) to undertake intrusion tests and security audits of our applications;
- We use pseudonymization, anonymization and encryption processes, in particular regarding personal and private data;
- We ensure that all necessary and required measures and guarantees are taken with our third-party partners to ensure a safe and secure transfer of your data, in compliance with the provisions of the GDPR;
- We perform an automatic save of the data stored in the Application every 24 hours;
- We have subscribed to cyber risks insurance coverage;
- We hold an internal record of processing activities.
16. Personal Data and minors
The Application is intended for adults who are capable of entering into obligations in accordance with the legislation of the country in which the User is located.
17. Links to other websites and social networks
The Platform may contain links to the websites and platforms of Mobility Work partners or third party companies.
These websites and platforms have their own policies on the use of personal data and we are not responsible for the use made by these sites of the information collected when Clients and Users click on these links.
18. Amendments to the Personal data use and protection policy
We reserve the right to make changes to this Policy at any time in accordance with this clause.
Should we make a change to this Policy, we will post the new version on the Platform and update the “last update” date at the top hereof.
We encourage you to check this page regularly.
19. How to address your enquiries to Mobility Work?
For any queries regarding the present policy, you can contact us either:
- By email at the following address: [email protected]
- By post by registered letter with acknowledgement of receipt at: Mobility Work – 44 rue de Lisbonne – 75008 Paris, France