Lokate User Terms
Background
Welcome to Lokate! Lokate is a logistics service offering a digital platform that enables information sharing about the ordering, planning, coordination and tracking of transportation of goods (the “Service”). The Service is accessed via the Lokate mobile application (the “App”) (which you can download through your app store of choice) and the Lokate website (https://lokate.io/). To access and use the Service, a personal Lokate account is needed (“User Account”). These User Terms govern your use of your User Account and access to the Service and constitutes an agreement between you (the person accepting these User Terms), and Volvo Construction Equipment AB (“Volvo”, “we”, or “us”).
The Lokate Service
The Service is a work tool. The Service is not for personal use and is not offered to consumers. You have no rights relating to the access and performance of the Service.
You may only use the Service for its intended purpose, in compliance with applicable laws, and subject all other instructions provided by Volvo.
Terms of Use
You are prohibited from using, or in any way facilitating or supporting to use the Service:
- for any unlawful, illegal, fraudulent, infringing, harmful, or offensive use,
- for any activities that may harm the operations or reputation of Volvo or our customers,
- to store, distribute or otherwise making available data that infringes or misappropriates the intellectual property of others or that is defamatory, obscene, abusive, invasive of privacy or otherwise objectionable,
- to submit to the Service any information in a free text field relating directly or indirectly to an individual (personal data) unless specifically requested. Personal data can be for example name, contact details, photo, vehicle identification number (VIN), and vehicle registration number.
You may not violate, or attempt to violate, the security or integrity of the Service or any related software, hardware, or digital infrastructure (e.g., transmitting malicious code), nor are you allowed to access the Service in any fraudulent or unauthorized way, attempting to reverse engineer, decompile or otherwise derive or attempt to discover source code, object code, trade secrets, know-how or algorithms of the Service, and any other activity that threatens the confidentiality, integrity, and availability of the Service.
Volvo reserves the right to suspend Users that violate the User Terms, and we will take any other actions deemed necessary by us to protect Volvo’s interests and the interests of our customers and other third parties. Upon request, you will be required to provide us with proof of compliance with these User Terms. We reserve the right to terminate these User Terms if we determine, in our sole discretion, that you are in violation of any provision of these User Terms.
Data Protection
When using the Service, Volvo will process Personal Data relating to you. This includes information that you provide during the User Account registration (e.g., your name and contact details). For administration of your User Account, Volvo is the data controller and you can find information about this processing of Personal Data in the Volvo Group privacy notice for Customer Representative (available at https://www.volvogroup.com/en/tools/privacy/customer-representative.html).
If you are using the Service as a driver of goods, the App will also collect information about your mobile device’s GPS location in order to estimate the time of delivery and to visualize your proximity to the delivery site on a map for the delivery site that is your next stop. The App will always clearly indicate whether GPS location tracking is activated, and you will always be able to pause the tracking. Other information about you that is included in connection to your use of the Service may be shared with the delivery site as well, such as your contact details and any notes you make about the delivery. The company you are delivering to is the data controller for this processing of Personal Data, and you can find more information about this in the Lokate Privacy Notice .
Miscellaneous
Volvo is the owner/authorized user of all design, text, content, information, selection and arrangement of elements, organization, graphics, design, compilation and other matters related to the Service ("Intellectual Property Rights"). Your use of the Service does not grant you a license to the Intellectual Property Rights. You are granted a non-exclusive, non-transferable, and non-sublicensable, limited license to access and use the Service. You may not sell, rent, lease, sublicense or redistribute the Service to any third party.
The Service is provided on an “as is” and “as available” basis. No representations or warranties, whether expressed or implied, are made regarding any aspects of the Service, including but not limited to, (i) implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, (ii) the accuracy, availability and accessibility of the Service, or (iii) warranty that the Service will be error-free, free of viruses and other harmful materials, or that the Service will operate without interruption. Due to the nature of the Internet, uninterrupted connection cannot be guaranteed and the feature may accordingly be occasionally unavailable due to lost Internet connection.
You agree to indemnify and hold Volvo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, damage, loss, liability, claims or expenses (including attorneys’ fees) made against Volvo for your use of the Service in violation of these User Terms.
To the fullest extent permitted by law and unless otherwise expressly provided in these User Terms, Volvo shall have no liability for any damage or loss of any kind caused in connection with your use of the Service, regardless of how it was caused and whether such damage or loss was foreseeable or not. This limitation of liability includes but is not limited to liability for any special, indirect, incidental, consequential damage or loss of any kind, regardless of how it was caused and including but not limited to, loss of profit, loss of reputation or goodwill, loss of production, loss of business or business opportunities, loss of revenues or anticipated savings, or loss or corruption of data or information.
You are responsible for ensuring the security of your User Account and login credentials. If you suspect that your User Account may be compromised, you shall immediately notify us.
We reserve the right to update these User Terms at any time and will publish the updated terms in the App and on the Lokate website. In the event of such a change, your continued use of the Service shall be considered an acceptance of the updated Agreement.
You may terminate these User Terms without cause by deleting your User Account and the App. Upon request, we will erase any Personal Data that we have collected on account of your consent, to the extent required by applicable data protection laws.
These User Terms shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.
The Swedish courts, with the district court of Gothenburg (Göteborgs tingsrätt) as first instance, will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with these User Terms. The parties agree to submit to that jurisdiction.
Lokate Privacy Notice
This privacy notice provides information on the processing of personal data taking place in connection to Lokate deliveries. The company that is using the Lokate service (the “Service”) for receiving deliveries is the data controller for any processing of personal data carried out in relation to a delivery of goods (referred to as the “Controller”). Please reach out to this company if you have any questions in relation to the processing of your personal data. The terms“personal data”, “processing”, “data controller”, “legal basis” have the meaning described in the EU General Data Protection Regulation (“GDPR”).
What types of personal data will the Controller collect about you?
The Controller will process the following categories of personal data in relation to your use of the Service. Please note that the Controller will not necessarily process all the data listed below.
- User data: name, e-mail address, telephone number, company name, user account ID, password, IP address, activity log, timestamp, user application preferences, and image (image is voluntary);
- Driver data: e-mail address, telephone number, and GPS location data of the mobile device when transporting goods to a delivery site;
- Delivery site data: company name, location, drop points (longitude and latitude), image, and contact persons from the companies involved in the delivery; and
- Vehicle data: registration number, model, and type.
It is possible for a driver to pause the tracking of GPS location data of your mobile device during a transport, however, please note that doing so will affect the value and use of the Service.
What is the purpose of the processing?
The Controller will process the personal data for the purpose of ordering, planning, coordinating, and tracking the transport of goods.
What legal basis does the Controller have for the processing of personal data?
The Controller will process your personal data based on its legitimate interests to keep track of and coordinate the delivery of goods to its delivery sites.
From where will the Controller collect your personal data?
The Controller will process personal data that you have provided yourself as well as personal data collected from your mobile device and from your use of the Service.
Will the Controller share my personal data?
The Controller will normally not share your personal data with anyone outside of its group of companies, if it is not required by law, regulation or collective bargaining agreement. However, the Controller may share your personal data with its suppliers, such as suppliers of goods to be delivered and IT suppliers.
The Controller will make reasonable efforts to ensure that your personal data is protected and that safeguards required by data protection laws are in place. Such safeguard could be external data processing agreements based on EU approved Standard Contractual Clauses or other safeguards that have been approved by authorities.
For how long will the Controller store my personal data?
The Controller will store your personal data until six months after it has terminated its use of Lokate. If you are a driver, your personal data will be processed for the duration of the delivery and will not be visible in the delivery history.
What data protection rights do I have?
According to the GDPR, you have the following data privacy rights:
- Request access to the personal data the Controller processes about you.
- Request a rectification of your personal data.
- Object to the processing of your personal data.
- Request the erasure or deletion of your personal data.
- Request the restriction of the processing of your personal data.
- Request portability of your personal data.
The Controller may not always be obliged to comply with a request of deletion, restriction, objection or data portability, and an assessment will be made in each case of a request from you to exercise your rights.
Also, you have the right to lodge any complaints you may have regarding the Controller’s processing of your personal data to a supervisory authority. For more information about these rights and how to exercise them, please contact the Controller.