Privacy policy - Komobi Moto

Responsible for the processing of personal data

This Privacy Policy applies to your use of the website www.komobimoto.com (hereinafter, the ‘Portal’ or the ‘Website’); as well as the telematic mobile phone application KOMOBI CITY and/or KOMOBI PRO (hereinafter, also App) which can be used by purchasing a KOMOBI CITY and/or KOMOBI PRO device (hereinafter also referred to as the Device); and also for the installation of said telematic Device that connects to your motorbike; (together, also referred to as ‘KOMOBI’ or ‘KOMOBI Package’).

The identification details of the person responsible for the Portal are as follows:

Owner: LIVELINK VENTURES S.L.
Address: C/Brasil, 24, 41013 Seville, Spain
Contact Information: [email protected] or +34 673 803 973
Registration Details: Seville Companies Register, in Volume 6621, Folio 120, Section 8, Page SE-119490.
Tax ID: B90403213

For clarification purposes, LIVELINK VENTURES S.L will be referred to throughout the document as LiveLink, LiveLink Motor or the Company.

This Policy explains how LiveLink Motor collects, uses, discloses and otherwise processes your personal information when you use KOMOBI. For these purposes, LiveLink Motor will be the data controller of the personal data associated with the KOMOBI Package.

LiveLink Motor may anonymise your personal information in order to use such anonymous data to improve KOMOBI.

Use of this Portal and the mobile phone application implies acceptance of this Privacy Policy, as well as the conditions included in the Legal Notice.

Privacy and data protection policy

In accordance with current legislation, www.komobimoto.com is committed to adopting the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy
This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following regulations:

· Royal Decree 1720/2007, of 21 December, which approves the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD)
· Law 34/2002, of 11 July, on information society services and electronic commerce
· Law 9/2014, of 9 May, General Telecommunications Law

Registration of Personal Data
The personal data collected by this Portal, through the forms provided on its pages, will be entered into an automated file under the responsibility of the Data Controller, which is duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the Portal of the Spanish Data Protection Agency (http://www.agpd.es), for the purpose of facilitating, expediting and fulfilling the commitments established between the Portal and the User or the maintenance of the relationship established in the forms that the User fills in, or to respond to a request or query from the User.

Principles applicable to the processing of personal data
The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:
Principle of legality, loyalty and transparency: the User’s consent will be required at all times, after completely transparent information has been provided on the purposes for which the personal data is collected.
Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
· Principle of data minimisation: the personal data collected will be only that which is strictly necessary in relation to the purposes for which it is processed.
· Principle of accuracy: personal data must be accurate and always up to date.
· Principle of storage limitation: personal data will only be kept in a form which permits identification of the User for the time necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data will be processed in a manner that ensures its security and confidentiality.
Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data
The categories of data processed in the Portal are only identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. This Portal undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as it is to give it.
On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Portal, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Retention periods for personal data
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.
When personal data is obtained, the User will be informed of the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties, except in relation to the eCall service, where the provider responsible for the execution of the eCall service will be either Livelink or a third party.
Due to the nature of this service and for security reasons, calls made through the eCall Service will be recorded and this is accepted.

The use of the eCall Service requires the identification and location of the vehicle, as well as the transmission to the emergency call control centre of the information necessary to provide timely assistance.
The necessary data provided by the User may be transmitted to the providers that LiveLink Motor has commissioned to provide the Services, and the corresponding provider will use it exclusively for the provision of the Service in question and will keep it until the operations have been duly processed.
In addition, and for the purpose of warning other drivers about the traffic situation, certain completely anonymous information relating to the state of the road will be used and, therefore, forwarded to the corresponding service provider. No other transfer of data to third parties will take place, except when expressly consented to by the user when using the KOMOBI ‘Emergency Contacts’ service.

The information that the User agrees to be provided by Livelink Motor as the data controller to the third-party provider will be that which is strictly necessary for the fulfilment of the eCall service; the provider will comply with data protection regulations at all times, with the corresponding contractual document guaranteeing this, and the data transmitted will be:
· Name and contact details of the injured party (mobile and email).

Vehicle specifications: make, model, colour, registration number.

Accident location, impact speed, type of accident.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or the categories of recipients of the personal data.

Personal data of minors
In accordance with the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, only those over the age of 14 may grant their consent for the lawful processing of their personal data by the Portal. In the case of a child under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorised it.

Confidentiality and security of personal data
This Portal undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorised communication of or access to such data.

However, because the Portal cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a breach of personal data security occurs that is likely to involve a high risk to the rights and freedoms of individuals. In accordance with the provisions of Article 4 of the GDPR, a personal data breach is understood to be any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights derived from the processing of personal data
The User has rights over the Portal derived from the processing of personal data. Therefore, they may exercise the following rights recognised in the GDPR and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, against the Data Controller:

Right of access: This is the User’s right to obtain confirmation as to whether or not the Portal is processing his or her personal data and, if so, to obtain information about his or her specific personal data and the processing that the Portal has carried out or is carrying out, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or planned.

Right of rectification: This is the User’s right to have their personal data modified if it is found to be inaccurate or, taking into account the purposes of the processing, incomplete.

Right of erasure (‘the right to be forgotten’): This is the User’s right, as long as current legislation does not establish otherwise, to obtain the erasure of their personal data when: (i) these are no longer necessary for the purposes for which they were collected or processed; (ii) the User has withdrawn their consent to the processing and there is no other legal basis for it; (iii) the User objects to the processing and there is no other legitimate reason to continue with it; (iv) the personal data have been processed unlawfully; (v) the personal data must be deleted in compliance with a legal obligation; (vi) or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request to delete any links to those personal data.

Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.

Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Wherever technically possible, the Data Controller shall transmit the data directly to that other controller.

Right to object: The User has the right to prevent the processing of their personal data or to stop the Portal from processing it.
Right not to be the subject of a decision based solely on automated processing, including profiling: This is the User’s right not to be the subject of an individualised decision based solely on the automated processing of their personal data, including existing profiling, unless otherwise established by current legislation.

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference ‘RGPDwww.komobimoto.com’, specifying:

Name, surname(s) and copy of the User’s National Identity Document (in cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation). The photocopy of the National Identity Document may be substituted by any other legally valid means of proving identity.

Request with the specific reasons for the request or information to be accessed.
Address for notification purposes.
Date and signature of the applicant.
Any document supporting the request made.
This application and any other attached documents may be sent to the following address and/or email:
Postal address: Calle Brasil, 24, Sevilla, C.P. 41013
Email: [email protected]
Links to third party websites
The Portal may include hyperlinks or links that allow access to web pages of third parties other than the Portal and which, therefore, are not operated by LiveLink Ventures S.L. The owners of these websites will have their own data protection policies, and they themselves will be responsible, in each case, for their own rights and their own privacy practices.

Complaints to the supervisory authority
In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.aepd.es).
The User accepts that all their personal data will be fully transferred to SEQURA WORLDWIDE, S.A from the moment the user has initiated the contracting of the deferred payment service offered by the latter at the time of choosing the payment method. This acceptance extends to third parties who may need to access the files for the successful completion of the contract.
www.komobimoto.com, in accordance with current legislation, undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws included in this privacy policy
This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it complies with the following regulations:

Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Correction of errors in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union L 119 of 4 May 2016)
· Royal Decree 1720/2007, of 21 December, which approves the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD)
· Law 34/2002, of 11 July, on information society services and electronic commerce
· Law 9/2014, of 9 May, General Telecommunications Law

· Principle of accuracy: personal data must be accurate and always up to date.
· Principle of storage limitation: personal data will only be kept in a form which permits identification of the User for the time necessary for the purposes of its processing.

Principle of integrity and confidentiality: personal data will be processed in a manner that ensures its security and confidentiality.
Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Recipients of personal data
The User’s personal data will not be shared with third parties, except in relation to the eCall service, where the provider responsible for the execution of the eCall service will be either Livelink or a third party.
Due to the nature of this service and for security reasons, calls made through the eCall Service will be recorded and this is accepted.

The necessary data provided by the User may be transmitted to the providers that LiveLink Motor has commissioned to provide the Services, and the corresponding provider will use it exclusively for the provision of the Service in question and will keep it until the operations have been duly processed.

In addition, and for the purpose of warning other drivers about the traffic situation, certain completely anonymous information relating to the state of the road will be used and, therefore, forwarded to the corresponding service provider. No other transfer of data to third parties will take place, except when expressly consented to by the user when using the KOMOBI ‘Emergency Contacts’ service.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or the categories of recipients of the personal data.

Right of rectification: This is the User’s right to have their personal data modified if it is found to be inaccurate or, taking into account the purposes of the processing, incomplete.

Data collected by the KOMOBI package

Type of information collected by the device
When a Device is connected to your motorbike or moped, LiveLink Motor will be able to collect the following categories of information:

Battery status, date of last use [AC1] and other electronically recorded aspects relating to the use and operation of your vehicle.
Data from the mobile device to which the Device is linked via the Application.

GPS data to determine your location, that of your motorbike/moped and/or your mobile device, in relation to the location of your motorbike/moped, including the location and corresponding country in which each element is located (provided that, as a legal requirement, you have given your prior consent, or there is another lawful reason for processing this personal data).
The speed of travel on your motorbike, including average speed, parking duration, incidents of sudden braking and incidents of acceleration; and an analysis of the route taken by your motorbike, including average speed, distance travelled, parking time, among others
Your bank details and other financial information that may be necessary for the completion of the purchase will not be stored , under any circumstances, by LiveLink Motor. This will be encrypted and will only be used to carry out the transaction, with the exception of bank details relating to the payment of the first renewal of connectivity or acquisition of any service likely to recur, in which case the information will be encrypted and stored in Livelink’s systems for the sole purpose of carrying out the automatic renewal when the subscription expires.

In addition to the above, when using KOMOBI, LiveLink Motor may also collect the following information, in addition to (if applicable) and in relation to the information indicated above: your name and contact details, for example, your address, postcode, country, telephone numbers and/or email address.

The above information (both on its own and in combination with other information we hold about you) could allow us to personally identify you. This type of personal information is known as ‘personal data’. Where LiveLink Motor collects such personal data, we will process that information for the purposes described in this Policy.

When you contact us in relation to KOMOBI, we may also collect the following personal data:
Your name and contact details; for example, your address, postcode, country, telephone numbers and/or email address.
The reason for your contact.

Information about services that interest you and/or information necessary for legal compliance.
This information will be collected mainly from you, but we may also collect it, where lawful to do so, from and combine it with information we may already have about you from public sources, third party service providers, the government, tax and/or security agencies, and other third parties.

Use of data
LiveLink Motor may use the information described in the Type of information section, which is collected for the following purposes:
1. To respond to and/or deal with your request or query.
2. To improve the functionality and quality of KOMOBI.
3. To manage KOMOBI when you have an active subscription, which may include (among other things):
a) To customise your App experience
b) To locate your motorbike using GPS.
c) Share the location of your motorbike and routes.
d) Access data relating to your trips and/or your riding style, such as data on average vehicle speed, parking time, mileage, and GPS.
e) Comply with legal obligations, regulations and other good governance obligations; and any other purpose related to the management of your legal relationship with LiveLink Motor.

Where we are required by applicable law to obtain your prior consent to process your personal data for the purposes described above, we will do so. The above list may be updated from time to time based on LiveLink Motor’s business needs and legal requirements. In the event that this Policy is updated, we will inform you of such update as required by applicable law.
Please note that as KOMOBI improves and updates, we may need to process your personal data in a way that is different to the way set out above. When this is the case, we will update this Policy.

Subject to applicable law, we may also process your personal data for other legitimate business purposes, such as management analysis, auditing, forecasting, planning and corporate transactions, to ensure compliance with applicable laws, regulatory requirements and LiveLink Motor policies, to handle legal claims and related investigative and/or administrative activities, and to carry out any applicable record retention obligations. In addition, we may process them to establish or exercise our legal rights and to comply with requests from security services and other government agencies or court orders.
Please note that as long as a Device is connected to your motorcycle/moped, we may continue to process some of your personal data for the purposes set out above. Therefore, if you no longer wish LiveLink Motor to process such Personal Data, you must disconnect or deactivate your Device.

LiveLink Motor may also convert personal data into anonymous data and use it (usually in aggregate statistical form) for research and analysis to improve KOMOBI as well as to ensure compliance with the terms of the Legal Notice and applicable law. This may include the development of tools and algorithms that help this Portal to ensure the confidentiality of the personal data it collects. For more information, please refer to the following section Aggregate Information.

Aggregate Information
Aggregate personal information does not personally identify you or any other KOMOBI user. It may be used for statistical analysis and administration, such as trend analysis, actuarial work, product customisation, risk assessment and analysis of associated costs in relation to the operation of KOMOBI.

Sharing personal data with third parties
Your personal data will be provided for the purposes described above (or for others that may be notified to you in the future and provided that there is a legal basis for doing so in accordance with applicable law), not only to LiveLink Motor, but also to our external service providers.

Personal data abroad
It is possible that our service providers (such as Amazon), who are not located within the European Economic Area (‘EEA’), may process or access your personal data from jurisdictions outside the EEA. Consequently, persons with a connected Device and/or who use KOMOBI within Europe should be aware that such recipients may be located in countries or territories outside the EEA and may not have adequate data protection legislation equivalent to that of the EEA. In such cases, measures will be taken to protect your rights and personal data as required by the relevant legislation.

It is also possible that LiveLink Motor or one of our service providers may transfer the personal data of individuals from other regions outside their own country. By giving consent to the connection of a Device and without prejudice to any other requirement established by the relevant legislation, such consent will also act as authorisation for the transfer of your personal data as established in this Policy.

Measures are put in place to protect your personal data
Without prejudice to the provisions of the following paragraph, LiveLink Motor will adopt measures to protect the security of your personal data in accordance with the corresponding legislation. LiveLink Motor will adopt the necessary technical and organisational measures to protect personal data against any unauthorised access, alteration, transmission, public disclosure, erasure or destruction, as well as damage and accidental loss or erasure of personal data.

We cannot guarantee the security of any transmission of personal data over the Internet. Internet communications, such as emails, are not secure unless they have been encrypted. Therefore, although we endeavour to protect this information, we cannot guarantee or ensure the security of any information transmitted to us. Please do not send personal information through the Application or any LiveLink Motor Portal unless you accept the inherent security risks and implications of using the Internet.
Reviewing, modifying and/or deleting your personal data
You have the right to request information about the processing of your personal data, to access it, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, you may request that the processing of your data be limited, in which case we will only keep it for the purpose of exercising or defending claims.

For reasons related to your particular situation, you may object to the processing of your data. LiveLink Motor will stop processing the data, except for compelling legitimate reasons, for the exercise or defence of possible claims.
By virtue of the right to portability, you have the right to obtain the personal data concerning you in a structured, commonly used and machine-readable format and to transmit it to another controller.

GDPR rights may be exercised by writing, enclosing a photocopy of your ID card or equivalent identification document, addressed to LiveLink Motor, Calle Brasil, 24, Sevilla, C.P. 41013.

If you consider that your rights have not been duly respected, you have the right to lodge a complaint with the Spanish Data Protection Agency.

Maintenance of records and information at your disposal
The data provided will be kept for as long as is necessary to fulfil the purposes for which LiveLink Motor is authorised and for as long as you do not disconnect or deactivate the KOMOBI device from your motorbike, or for as long as is necessary to comply with legal obligations.

Cookie policy

This Portal uses cookies to improve your experience while browsing the Portal. Cookies are categorised as necessary and stored in your browser, as they are essential for the functioning of the basic functionalities of the Portal. We also use third-party cookies to help us analyse and understand how you use this Portal. These cookies will be stored in your browser only with your consent. You also have the option to opt out of receiving these cookies. But opting out of some of these cookies may affect your browsing experience.

To view the full Cookies Policy click here: Cookies Policy

Acceptance of and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy and Cookies Policy, as well as accepting the processing of their personal data so that the Data Controller can proceed to do so in the manner, during the periods and for the purposes indicated.

This Portal reserves the right to modify its Privacy and Cookies Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy and Cookies Policy will be explicitly notified to the User.

This Privacy and Cookies Policy was updated on 30/10/2019 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and to Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

If you have any questions about this Privacy Policy, you can contact LiveLink Motor at the addresses indicated at the beginning.