General Terms of Service
The LÉA by DriveQuant Mobile Application
You have been invited by your company or a service provider to use the LÉA by DriveQuant Mobile Application as part of a road prevention and ecodriving approach. Indeed, this application allows its users to adopt safer and energy-efficient driving. The use of LÉA by DriveQuant is expressly subject to the prior acceptance of these General Terms of Service by its users.
Article 1 – Terms
LÉA by DriveQuant Mobile Application: refers to the Editor's mobile application accessible via a compatible mobile device (smartphone). This application includes different Services:
- A service for setting up a user profile,
- A module for analysing risky road events while driving,
- A module for displaying the results of the trips analyses (scores),
- Functions to receive advice on safe driving (coaching),
- Functions to participate in challenges with other Users of the Application or between groups of drivers in your Supplier’s users team,
- A record of the trip data, to a server of the Editor.
General Terms of Service: refers to the present General Terms of Service of the LÉA by DriveQuant Mobile Application.
Data: refers to all the information collected and processed by the Editor. They include Geographical Data and Processed Data.
Geographical Data: refers to the data, not linked to an identifier, transmitted from the GPS sensor of the User's mobile phone to the Editor's server, i.e. the position of the vehicle (latitude, longitude, speed).
Processed Data: refers to data calculated by the LÉA by DriveQuant Mobile Application using Geographical Data and an identifier such as the detection of risky road events or the type of vehicle driven by the User.
Editor: refers to the provider of the LÉA by DriveQuant Mobile Application :
DRIVEQUANT
SAS whose office is located at 46, rue René Clair - 75018 Paris, and registered with the Paris Trade and Companies Register under number 827 525 817.
Supplier: refers to the User's employer or the service provider who initiated the implementation of LÉA by DriveQuant in order to prevent road risk and improve energy efficiency.
Host: refers to the company OVH, SAS with a capital of €10,069,020 registered with the RCS under number 424 761 419 whose office is located at OWO OVH WHOIS OFFUSCATOR, 2 RUE KELLERMANN 59100 ROUBAIX.
Services: refers to the functionalities offered to the User on the LÉA by DriveQuant Mobile Application.
User: refers to any person holding, under either a right of ownership or a right of possession, a compatible mobile device (smartphone) and using the services of the LÉA by DriveQuant Mobile Application after acceptance of the General Terms of Service.
Article 2 – Purpose
The purpose of these General Terms of Service is to define the terms and conditions under which the Editor grants the User the right to use, on a personal, non-exclusive and non-transferable basis, the LÉA by DriveQuant Mobile Application. They constitute the contract between the Editor, the Supplier and the User of the LÉA by DriveQuant Mobile Application.
Article 3 - Characteristics of the Mobile Application
3.1. – Presentation of the Mobile Application
The LÉA by DriveQuant Mobile Application will provide analysis and monitoring of each User's driving performance to help them adopt a safer and more sustainable driving style.
During a trip, the LÉA by DriveQuant Mobile Application uses the GPS sensor to record Geographical Data.
After driving, the LÉA by DriveQuant Mobile Application sends the Editor's server the Geographical Data recorded during the trip and the results obtained, to enable the User to more accurately analyse his behavior, understand his areas for improvement and monitor his progress: the Processed Data.
In addition, the LÉA by DriveQuant Mobile Application will record performance data related to a User ID and unidentified raw data (GPS coordinates + vehicle speed); data recorded on an Editor's server and post-processed to provide global statistics for the entire User community.
3.2. – Access to the Mobile Application
The User can download the LÉA by DriveQuant Mobile Application to his compatible mobile device (smartphone) directly from the following download platforms:
- Apple Store
- Google Play Store.
Subject to the actions of third parties, the LÉA by DriveQuant Mobile Application is available on the Internet network to any User with Internet access/connection. The User and his Supplier are solely responsible for the proper functioning of their equipment as well as for Internet access.
3.3. – Creating a User Account
To access the LÉA by DriveQuant Mobile Application service, the User must create a user account in the app.
The authentication procedure consists in defining an identifier and a password by the User. The username and password are personal and confidential. The User is solely responsible for this confidentiality. We advise the User to choose a strong password to guarantee the security of access to the Application.
Article 4 – Acceptance of the Termes of Service
Downloading and, if applicable, using the LÉA by DriveQuant Mobile Application implies unconditional acceptance by the User of the General Terms of Service.
Article 5 – Effective date of the General Terms of Service
The General Terms of Service shall take effect on the date on which they are first posted in the LÉA by DriveQuant Mobile Application.
The General Terms of Service are enforceable against any User from the date of downloading the LÉA by DriveQuant Mobile Application for the duration of its use.
Article 6 – Obligations of the Editor
The Editor shall use all the skill and care necessary to provide and ensure the proper functioning of the LÉA by DriveQuant Mobile Application, but shall not be under any obligation to do so in relation to the User.
The Editor reserves the right, without notice, to suspend definitively or temporarily the use of all or part of the LÉA by DriveQuant Mobile Application, in particular in order to update, modify, maintain and, in general, for any other technical or organizational reason in particular. Consequently, the Editor may not be held liable in any way whatsoever, and for any reason whatsoever, in particular in the event of the temporary or total unavailability of all or part of the LÉA by DriveQuant Mobile Application, a difficulty related to response time, and generally speaking, a lack of performance of all or part of the LÉA by DriveQuant Mobile Application.
Article 7 – Obligations of the User
The User undertakes to use the LÉA by DriveQuant Mobile Application, and to follow its instructions, in compliance with the rules in force at the time of use and in particular the Traffic Laws & road regulations and in any event in situations involving no danger to himself or to third parties. It is recommended by the Editor not to perform any action involving the smartphone while the vehicle is in motion. The Editor cannot be held liable in the event of an accident. The User is fully responsible for the use of the LÉA by DriveQuant Mobile Application. He is also invited to prevent any malfunction by email to the address support-lea@drivequant.com.
Article 8 – Geolocation
The geolocation functionality is necessary for the LÉA by DriveQuant Mobile Application, and allows the User to be guided more precisely with respect to his position.
Geolocation is performed using GPS/A-GPS technology to receive signals from GPS satellite antennas. The User's mobile device (smartphone) then calculates its own position.
The User can deactivate geolocation from the settings of his mobile phone at any time. By disabling geolocation, the User will no longer be able to access the application's functions and obtain a driving score.
Access to the cartography must be expressly requested in writing by the Supplier from the Editor. This option is available on the driver administration web platform and allows the Supplier to have details of the trips made by Users. In this case, the Supplier must at least inform its employees and the works council if there is one.
Article 9 – Data Processing
In accordance with the French Data Protection Act of 6 January 1878, the Editor undertakes to ensure the highest level of protection for Users' personal data.
9.1. – Identity of the Editor
The Data is collected in the name and on behalf of the Supplie by the Editor:
DRIVEQUANT
34 Boulevard des Italiens
75009 Paris
The Data is intended exclusively for the Editor and the Supplier. Any transmission of said Data to third parties is subject to the prior consent of the User and the Supplier.
9.2. – Data processing
The Editor does not collect any sensitive data concerning its Users such as racial or ethnic origins, political, philosophical or religious opinions, as well as any data relating to the trade union membership, health or sexual life of its Users.
The Data is collected by the Editor, when using the LÉA by DriveQuant Mobile Application, for the purposes of:
- To allow Users to use the LÉA by DriveQuant Mobile Application,
- To establish statistics in order to improve the driving of Users,
- To allow the Supplier to organize driving challenges based on User scores returned via the LÉA by DriveQuant Mobile Application,
- Internal research.
9.3. – Data transfer/hosting
No data is transferred outside the European Union. DriveQuant's services are integrated on servers of the Host in France: OVH.
9.4. – Data storage
The data will not be kept for more than three months after the end of the contract between the Editor and the Supplier.
9.5. – Users' rights
If necessary and in accordance with the aforementioned French Data Protection Act, Users have the right to access, rectify and oppose personal data concerning them. Each User may exercise this (these) right (s), by proving his identity, either by e-mail to the following address: contact@drivequant.com or by postal service to the above-mentioned address.
Article 10 – Duration - Termination
The services of the LÉA by DriveQuant Mobile Application are offered to Users by their Supplier.
However, the Editor may terminate the availability of the LÉA by DriveQuant Mobile Application at any time in accordance with Article 8 of the General Terms of Service.
The User may at any time withdraw from using the services of the LÉA by DriveQuant Mobile Application.
Article 11 – Intellectual property
The Editor is the exclusive owner of all intellectual property rights relating to the design and development of the LÉA by DriveQuant Mobile Application (including graphic charts, content, tabs, functionalities, etc.) with the exception of Geographical Data. The LÉA by DriveQuant Mobile Application is the exclusive property of the Editor.
Except as provided by law, the User is expressly prohibited, without the prior written consent of the Editor, from copying, modifying, improving, editing, translating, decomposing, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code, sell, assign, sublicense or transfer in any way all or part of the LÉA by DriveQuant Mobile Application.
Any reproduction, representation, exploitation of any nature whatsoever and for any purpose whatsoever, of all or part of the LÉA by DriveQuant Mobile Application, and in particular its structure and/or content, without the prior written consent of the Editor, constitutes acts of counterfeiting.
Article 12 – Liability
The information contained in the LÉA by DriveQuant Mobile Application, including maps, is provided for information purposes only. The Editor cannot guarantee that its information is free of errors, nor can it guarantee its completeness, timeliness and/or exhaustiveness. Consequently, the Editor cannot be held responsible for the use made of it by the User.
The User acknowledges that the Editor shall not be held liable in any way whatsoever, and for any reason whatsoever, for any direct and/or indirect damage, including in the event of incomplete data, relating to the use of the LÉA by DriveQuant Mobile Application. The User remains solely responsible for this. Consequently, the Editor may under no circumstances be held liable for decisions of any kind that may be taken by the User on the basis of information accessible by the services of the LÉA by DriveQuant Mobile Application.
The Editor reserves the right to take any action necessary to ensure that the User fully complies with its obligations.
The User is responsible for the proper use of the information made available by the Editor as part of the LÉA by DriveQuant Mobile Application, and must therefore ensure that he/she is in possession of all the elements necessary to make a decision in his/her interests.
Article 13 – Revisions to the General Terms of Service
The Editor reserves the right to modify, for any reason whatsoever, in particular for updates, for any reason whatsoever and at any time, all or part of the General Terms of Service of the LÉA by DriveQuant Mobile Application. Consequently, the User acknowledges and accepts that no compensation of any kind whatsoever may be granted to him in this respect.
Changes to the LÉA by DriveQuant Mobile Application and/or the General Terms of Service come into force on the date they are put online in the LÉA by DriveQuant Mobile Application and are enforceable on the date of its first use by the User following the date on which the said changes come into force.
The Editor recommends that the User refers, as far as possible, to the latest version of the General Terms of Service in the LÉA by DriveQuant Mobile Application.
Article 14 – Communication
For any question and/or complaint concerning a technical problem related to the LÉA by DriveQuant Mobile Application, any User may contact the Editor by e-mail at the following address: contact@drivequant.com.
Article 15 – Applicable law and jurisdiction clause
The General Terms of Service and the use of the LÉA by DriveQuant Mobile Application are governed by and construed in accordance with French law and are subject to the exclusive jurisdiction of the French courts.
Disputes that may arise during the execution of the General Terms of Service and/or their interpretation will be brought before the competent courts of Paris.
Article 16 – Complaint - Dispute
Complaints or disputes will always be received with careful consideration. In the event of a dispute, the User must first contact the Editor to obtain an amicable solution by email to contact@drivequant.com or by postal service to the following address:
DRIVEQUANT 34 Boulevard des Italiens, 75009 Paris.