Terms and conditions

Last update: November 10, 2023

Preamble

Moovance solutions SAS offers you the opportunity to use the Moovance Mobile Application to prevent road accidents, track your means of transport, carpool and estimate your carbon emissions. Indeed, this application aims to help users adopt a safer and more ecological mobility and to offer various services or products related to this approach. Use of this application is expressly subject to prior acceptance by users of these General Terms and Conditions of Use.

Definitions

Moovance Mobile Application by Moovance solutions SAS: refers to the Publisher’s application accessible via a compatible mobile device (smartphone). This application includes various services:

  • A user profile configuration service,
  • A module for analyzing risky road events while driving,
  • A module for presenting Co2 emission results for journeys made,
  • Functions that provide advice on how to drive safely,
  • Estimation and tracking of Co2 emissions based on recorded journeys and types of transport,
  • Fun features for challenges and rewards,
  • Short-distance carpooling features,
  • Proposals for services or products related to responsible mobility,
  • An upload of route data to a Publisher server (Moovance solutions SAS).

Moovance General Terms and Conditions of Use: refers to the present general terms and conditions of use of the Moovance Mobile Application.

Data: refers to all information collected and processed by the Publisher. This includes Geographical Data, Payment Data and Processed Data.

Data collected: Surname, first name, telephone number, driver’s license number are the data required to authenticate the user and pay premiums, including the car-sharing premium.

Geographical data: refers to data, not linked to an identifier, transmitted from the User’s cell phone GPS sensor to the Publisher’s server, i.e. the vehicle’s position (latitude, longitude, speed).

Payment data: refers to data collected from the user for the payment of premiums

Processed Data: refers to data calculated by the Moovance Mobile Application using Geographical Data and an identifier, such as the detection of high-risk road events or the type of vehicle driven by the User.

Publisher:refers to the provider of the Moovance Mobile Application: Moovance solutions SAS Société par actions simplifiée whose registered office is at 229 rue Saint Honoré Paris 75001, SIRET: 90292172500013

Services: refers to the functionalities offered to the User on the Moovance mobile Application.

User: means any natural person who owns or possesses a compatible mobile device and uses the Moovance application after accepting the General Terms of Use. The user must be a natural person of legal age and in possession of a valid driving licence.

I - Acceptance of the general conditions of use

1.1 – Purpose

The purpose of these General Terms and Conditions of Use is to define the terms and conditions under which the Publisher grants the User the right to use the Mobile Application on a personal, non-exclusive and non-transferable basis. They constitute the contract between the Publisher, the Company and the User of the Mobile Application.

1.2 – Acceptance of the General Terms of Use

Downloading and, where applicable, using the Mobile Application implies the User’s unconditional acceptance of the Terms and Conditions of Use in their entirety.

1.3 – Coming into effect of the General Terms of Use

The General Terms of Use will take effect on the date they are first posted on the Mobile Application. The General Terms of Use are binding on all Users from the date of downloading of the Mobile Application and for the entire duration of its use.

1.4 – Modifications to the General Terms and Conditions of Use

The Publisher 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 and Conditions of Use of the Mobile Application.

Consequently, the User acknowledges and accepts that no compensation of any kind whatsoever may be granted in this respect. Modifications to the Mobile Application and/or the General Terms and Conditions of Use come into force on the date they are posted on the Mobile Application, and are enforceable on the date of first use by the User following the date on which said modifications come into force.

The Publisher recommends the User to refer, as far as possible, to the latest available version of the Terms and Conditions of Use in the relevant tab of the Mobile Application.

II - General description of the Mobile Application

2.1 – Presentation and operation of the Mobile Application.

The Moovance mobile application is a service that measures the carbon footprint of all the user’s mobility in real time, with the aim of raising awareness and then reducing CO2 emissions.

<span”>The more low-carbon mobility the User adopts (walking, cycling, scootering, public transport, carpooling), the more the User will be rewarded with “Mooves” points.

These “Mooves” points can then be converted in the Application according to the offers referenced.

2.1 – Access to the Mobile Application

The User can download the Mobile Application free of charge to his compatible mobile device directly from his terminal via the following download platforms:

  • Apple Store
  • Google Play Store.

Subject to the actions of third parties, the Mobile Application is available on the Internet to any User with Internet access/connection. The User is solely responsible for the proper functioning of his or her computer equipment and Internet access.

III - Eligibility, registration and authorizations

3.1 – Eligibility

The User must be a natural person who owns or possesses a compatible mobile device and uses the Moovance application after accepting the General Terms of Use.

The user must be a natural person of legal age and in possession of a valid driver’s license.

3.2 – Mobile Application rates and fees

Use of the Mobile Application by the User is free of charge for the duration of use and does not give rise to any obligation to purchase or any financial consideration on the part of the User towards the Publisher.

However, access to the Mobile Application does not include data communications enabling access to services (GPRS, Edge, 3G, Wifi) or all costs relating to access to Mobile Application services, such as hardware costs relating to the acquisition of the mobile device and all mobile Internet access costs, which remain the financial responsibility of the User, in particular according to the rates set out in his subscription contract with his telecommunications operator for his mobile device.

3.3 – Carbon estimate at time of registration

During the registration process, the User can voluntarily carry out a carbon estimate of his/her mobility. This estimate will calculate the number of kilograms of CO2 emitted per week, based on information provided to the Editor by the User. The Editor will then determine a personalized CO2 reduction target for the User.

To carry out this carbon estimate, the User will be asked to enter their means of transport (Metro/Tramway, Bus, Bicycle, Train) and the vehicles they use. Users can enter the vehicles they use by creating a vehicle in the Mobile Application. To create a vehicle, the User can choose between :

  • Identification of the vehicle to be created via its registration number (optional); the Mobile Application then directly retrieves the specific characteristics of the vehicle, model, type of energy powering the vehicle, year of commissioning and power; the User is informed that in this case, he/she authorizes the Mobile Application to access the technical data of his/her vehicle registration document to pre-fill in the description of his/her vehicle. The User is informed that he/she may object to the commercial use of this data. To do so, they must send a request to the prefecture of the department of their choice;
  • Identification without providing the vehicle’s registration number. To do this, the User can enter the vehicle type (sedan, city car, MPV, SUV), the type of energy used to power the vehicle (gasoline, diesel, hybrid, electric), the year the vehicle was put on the road (in 5-year increments), and the vehicle’s horsepower (using horsepower increments), It should be noted that the latter vehicle identification method will not provide the User with as accurate information as vehicle identification based on registration, which the User acknowledges and accepts by opting for this option.

3.4 – Creating a User account

To access the Mobile Application service, the User must create a user account in the Application. The authentication procedure consists of :

  • or to define a login and password by the User. User IDs and passwords are personal and confidential. The User is solely responsible for this confidentiality. We advise the User to choose a strong password to guarantee secure access to the Application.
  • or to transfer their data to a third-party service such as Facebook or Google and, if necessary, complete any missing data. In such a case, the User acknowledges that he/she authorizes the use of his/her data by the Publisher (see Privacy Policy).

3.5 – Geolocation

The geolocation functionality is necessary for the Mobile Application and allows the User to be guided more precisely in relation to his position. Geolocation is performed using GPS/A-GPS technology to pick up signals from GPS satellite antennas. The User’s mobile device then calculates its own position.

The User may deactivate geolocation at any time from the settings of his/her cell phone. By deactivating geolocation, the User will no longer be able to access the application’s functions or obtain a driving score.

The user may have access to the cartography (details of journeys made by himself) which may not be communicated to third parties without his authorization.

For more information on the processing of geolocation data, the User may consult Moovance’s Privacy Policy.

3.6 -Physical activity monitoring and accelerometers

Physical activity tracking data is used to calculate the number of steps taken. Accelerometer data is used to calculate the eco-driving score. These data can be used to complete trips that are not journeys, and are also used to improve predictions of modes of transport.

IV - Commitment of the user

The user agrees to :

  • Provide accurate and up-to-date information when creating a User Account.
  • Immediately update any changes to the information provided in his/her Account. The User accepts that the information provided when creating or updating his/her Account, including e-mail address, password and username, attest to his/her identity. If the information provided by the User proves to be inaccurate, incomplete or not up to date, the Publisher reserves the right to temporarily or permanently suspend access to the Services and the Mobile Application. In such cases, the User will not be entitled to any compensation, and the Publisher may terminate this contract.
  • Use the Mobile Application in accordance with its instructions, comply with all applicable regulations, including the Highway Code, and refrain from any action that might endanger his/her safety or that of others. The Publisher recommends that you do not use the Application while the vehicle is in motion. The Publisher shall not be held liable for any accident caused by the use of the Application. The User is entirely responsible for his or her use of the Application, and is encouraged to report any malfunctions to contact@moovance.fr.

The user also agrees not to :

  • create several accounts on the Application ;
  • create an account for someone other than himself without his authorization;
  • use another person’s name as a username with the intent to impersonate that person;
  • use a username that is rude, vulgar, obscene or otherwise illegal;
  • voluntarily transfer false data to the Editor, such as falsified GPS coordinates, incorrect physical activity, etc;
  • artificially or mechanically simulate physical activity, movement and/or location;
  • use third parties to generate routes or Mooves on its behalf;
  • try to find devious ways to accumulate Mooves such as :
    • Artificially simulate steps ;
    • Artificially simulate geolocation points;
    • Artificially simulating an eco-driving score ;
    • Falsify referrals by creating accounts that do not actually belong to another user.
    • Artificially simulate carpooling trips.

The Publisher reserves the right to refuse and/or cancel a username/delete the User account, at its sole discretion, in the event of fraud.

The Publisher reserves the right to refuse any User who does not comply with these Terms of Use access to all or part of the Service.

V - Publisher's obligations

The Publisher uses all reasonable skill and care to provide and ensure the proper operation of the Mobile Application, but shall not be under any obligation to the User to do so.

The Publisher reserves the right, without prior notice, to suspend permanently or temporarily the use of all or part of the Mobile Application, in particular in order to update, modify or maintain it, and generally for any other technical or organizational reason. Consequently, the Editor may not be held liable in any way whatsoever, and for any reason whatsoever, in particular in the event of temporary or total unavailability of all or part of the Mobile Application, a difficulty linked to response time, and in general, a failure in performance of all or part of the Mobile Application.

VI - Service description

6.1 – Les Mooves

In the Moovance mobile application, users accumulate points called “Mooves” during their daily journeys, depending on their mode of transport. The number of Mooves collected is subject to verification, may vary and is limited. The Publisher reserves the right to withdraw Mooves if, for any valid reason, it suspects that they have been obtained by means other than travel. In addition, the accounts concerned may be suspended or deactivated.

The Publisher has full discretion to define and revise the criteria for moves entitling to Mooves, as well as the algorithms for detecting and verifying such moves. For example, the thresholds for awarding Mooves may be modified periodically. The precise allocation criteria are detailed in the FAQ section of the Moovance application, and a daily limit on the number of Mooves that can be accumulated may be imposed by the Company.

6.2 – Benefits and actions

Users can exchange their Mooves for various benefits and rewards in the Moovance Application. The number of Mooves required for each benefit is clearly indicated.

  • Dematerialized advantages: By choosing a digital advantage offered by our partners, the user will receive, within 72 hours, an email detailing how to benefit from it.
  • Material advantages: Any item selected will be sent within 30 working days to the address indicated in the user account.
  • Promotional lotteries: To participate, users must use Mooves earned through eco-responsible actions. These lotteries offer valuable prizes to reward virtuous behavior.
  • Conversion to euros: Users must provide bank details and proof of identity. A minimum amount, which may vary, is required for this conversion.
  • Associative projects: Users can support projects related to reforestation or biodiversity. Details of the project and the association in charge will be provided in the application.

It is essential to note that :

  • The Publisher is not responsible for benefits provided by third-party partners.
  • All transactions are subject to the supplier’s terms and conditions.
  • The list of benefits can be modified at any time.
  • If a benefit is unavailable, the Publisher may re-credit the Mooves or offer an alternative.
  • It is forbidden to sell or exchange Mooves outside the stipulated conditions.
  • If Mooves are converted into euros, they are not considered as a salary.
  • Bank transfers are reserved for European accounts.
  • The user is responsible for declaring any sums collected to the tax authorities.

The responsibility for the use of the benefits lies with the user. The Publisher declines all responsibility for any damage resulting from their use.

VII - EEC

7.1 – The CEE scheme

The Energy Savings Certificates (CEE) scheme, created by articles 14 to 17 of French Law 2005-781 of July 13, 2005 setting out energy policy guidelines (the POPE Law), is one of the main instruments for controlling energy demand. The scheme is based on a three-year obligation to achieve energy savings in CEE (1 CEE = 1 kWh cumac of final energy), imposed by the public authorities on energy suppliers (“obligés”). These suppliers are thus encouraged to actively promote energy efficiency among energy consumers: households, local authorities and professionals.

In section article 7 :

  • Funder: TotalEnergies, Moovance Solution’s obligatory partner for financing “Short-distance car-sharing” CEE.
  • User: natural person registered and using the Moovance application.
  • The Driver: the natural person using Moovance who is eligible for the “Short-distance Carpooling” bonus and who has expressed an interest in making short-distance carpooling journeys as a driver.

As part of the “Short Distance Carpooling” scheme, the financer (obliged party) offers eligible User-drivers (see eligibility criteria in paragraph 7.2) a bonus of up to €100, broken down as follows:

  • a €25 bonus, after the first eligible journey made with at least one passenger. This bonus corresponds to the CEE carpooling scheme detailed in standard operation sheet TRA-SE-115 “Short-distance carpooling”, and complies with its conditions of validity.
  • a bonus of €75, after the 10th eligible journey made with at least one passenger, within three months of the user’s registration as a driver. This bonus corresponds to the “Coup de pouce Covoiturage courte distance” program and respects its validity conditions

Moovance Solutions reserves the right to modify, suspend or terminate this offer based on regulatory changes to CEE or other changes to the offer.

7.2 – Eligibility for the “Short-distance Carpooling” CEE financial incentive and “Coup de pouce Short-distance Carpooling” bonus

To be eligible for the CEE “Short Distance Carpooling” financial incentive, the User-Driver must in particular :

  • Accept the terms and conditions presented by the Moovance platform
  • Have entered and verified your telephone number and provided your driver’s license number
  • Make a journey of less than 80 km for the first time via Moovance Solutions with a passenger whose point of departure or arrival is in France.
  • Not to carry out the carpooling trip for no consideration, other than the sharing of expenses, as part of a trip made by the driver on his or her own account. This excludes any journey made as part of a personal transport activity, including but not limited to cab and VTC activities.
  • Have a bank account (IBAN) in France.
  • Have never benefited from this EEC financial incentive via Moovance Solutions or another operator. Only one entry is accepted per driver.
  • I agree to the transmission of data to the PNCEE, the financer and “Mon Compte Mobilité” (moB).
  • Have obtained a Class C Proof of Carpooling validated by the Proof of Carpooling Registry
  • Enter your postal address in France
  • Have completed and signed online, using the electronic signature process provided by the platform, which includes an authentication system, the attestation on honor required under the aforementioned regulations.
  • Not to have benefited by January 1, 2023 from an incentive scheme under the energy savings certificate program
  • All these conditions must be met within a maximum of 8 months from the date of the first Journey made and tracked via the Moovance Application, and before December 31, 2025. After this deadline, you lose all entitlement to the Carpooling Reward.

To qualify for the “Coup de pouce Covoiturage courte distance” bonus, worth 75 euros, the driver must also:

  • Carry out the first carpool trip before the December 31, 2024 deadline
  • Complete the 9 additional eligible journeys via the Platform within three (3) months of completing the first eligible journey.
  • Obtain a Class C Proof of Carpooling validated by the Proof of Carpooling Registry for each of the above-mentioned trips.

7.3 – Checking compliance with operation conditions

The provisions relating to the CEE offer are applicable only once per Driver. You agree to respond diligently to any request from Moovance Solutions or the Funder in the event of verification of compliance with this condition.

In the absence of a satisfactory response to these requests, Moovance or the Funder reserves the right to take any appropriate action against you, including suspending your Account, limiting your access to the services or terminating these TOS.

In addition, as part of the regulations governing energy saving certificates, you may be contacted by the Funder or one of its partners for the purpose of verifying the data contained in your file, in particular the route taken.

Finally, additional information and data may be requested via our intermediary from the organizations in charge of CEE control, in particular the Pôle National des Certificats d’Economie d’Energie.

The financial incentive is subject to all these conditions. To qualify, Moovance Solutions and moB must transmit all data to the NCEE within 7 days of the first trip as a driver.

The CEE “Carpooling short distance” financial incentive and the “Carpooling short distance” bonus may be paid within a maximum of three months of the first carpooling journey successfully identified by the Moovance platform as eligible for the scheme, and under the conditions described in 7.2.

Any failure to comply with the obligations set out in 7.2 and 7.3, particularly those relating to the control of the operation, may result in the cancellation of the operation.

The offer is valid until 31/12/2025. In the event of an audit, beneficiaries must respond promptly to any request from Moovance Solutions or the Funder. Any false declaration is subject to the penalties of the French penal code (article 441-7). To find out more about CEE, visit the DGEC website.

7.4 – Processing of personal data in connection with the Carpooling Bonus

In the context of the car-sharing bonus, as a car-sharing facilitator, we collect the personal and journey data required to check your eligibility for the car-sharing bonus and to enable the Financier to compile applications for energy-saving certificates (CEE), in accordance with regulatory requirements. This data is processed electronically for the purpose of submitting CEE application files to the Pôle national des CEE (PNCEE) by the Financier, as data controller. The Funder will carry out checks or have them carried out by a third party of its choice, and may contact you by e-mail or telephone for this purpose. You have the right to access, rectify, oppose, limit and delete your data, which you may exercise by contacting the Supplier.

For further information, please consult the personal data protection policies available on our website.

Data relating to CEE emissions are kept for 9 years after validation, in accordance with legal requirements.

Some of the information collected is also processed to check the pre-eligibility of carpool drivers for CEE operations. The recipient of this data is the Direction Générale des Infrastructures, des Transports et de la Mer, as the data controller responsible for implementing the Carpooling Proof Register. The data retention period is set by decree at 5 years for short distances.

You have the right to access information concerning you, as well as the right to rectify, oppose, limit and delete any such information. You can exercise your rights by contacting the Data Protection Officer of the French Ministry of Ecological Transition, by writing to the following address: dpd.daj.sg@developpement-durable.gouv.fr

VIII - Data processing

In accordance with the French Data Protection Act of January 6, 1978, the Publisher undertakes to ensure the highest level of protection for Users’ personal data. In this respect, Moovance has appointed a Data Protection Officer, who can be contacted at the following email address: dpo@moovance.fr

8.1 – Identity of the publisher

The Publisher collects the Data in the User’s name and on his behalf. The Data is intended exclusively for the Publisher. Any transmission of said Data to third-party companies is subject to the User’s prior consent.

8.2 – Data processing

The Publisher does not collect any sensitive data concerning its Users, such as racial or ethnic origins, political, philosophical or religious opinions, or any data relating to the trade union membership, health or sex life of its Users. Data is collected by the Publisher, when using the Mobile Application, for the following purposes:

  • To enable Users to use the Mobile Application;
  • To compile statistics in order to improve the conduct of Users;
  • To enable the Editor to organize driving challenges based on Users’ scores returned via the Application;
  • Internal research ;
  • To propose commercial offers, subject to the user’s authorization to transmit information to third parties.

8.3 – Data transfer/hosting

No data is transferred outside the European Union. The Publisher’s services are integrated on servers hosted in France.

8.4 – Data retention

Data will not be kept for longer than three months after the user has finished using the application.

8.5 – Users’ rights

Where applicable, and in accordance with the aforementioned Data Protection Act, Users have the right to access, portability, deletion, rectification and opposition of their personal data. Each User may exercise this right(s), by providing proof of identity, either by e-mail to the following address: contact@moovance.fr or by post to the following address: Moovance, 229 rue ST Honoré, 75001 Paris.

IX- Intellectual property

    The Publisher is the exclusive owner of all intellectual property rights relating to the design and production of the Mobile Application (in particular graphic charters, content, tabs, functionalities, etc.), with the exception of the Geographical Data. The Mobile Application is the exclusive property of the Publisher.

    Except as provided by law, it is expressly forbidden for the User, without the prior written consent of the Publisher, to copy, modify, improve, edit, translate, decompile, create a derivative work, reverse engineer or otherwise attempt to locate the source code, sell, assign, sublicense or transfer in any way all or part of the Mobile Application.

    Any reproduction, representation or use of any kind whatsoever and for any purpose whatsoever of all or part of the Mobile Application, and in particular its structure and/or content, without the prior written authorization of the Publisher, constitutes an act of counterfeiting.

    X - Liability

    The information contained in the Mobile Application, including maps, is provided for information purposes only. The Editor cannot guarantee that the information is free from errors, nor can he guarantee that it is complete, up-to-date and/or exhaustive. Consequently, the Publisher cannot be held responsible for the use made of such information by the User.

    The User acknowledges that the Publisher shall not be held liable, in any manner whatsoever, and on any grounds whatsoever, for any direct and/or indirect damage, including in the event of non-exhaustiveness of its data, relating to the Use of the Application. The User remains solely liable in this respect.

    Consequently, the Publisher cannot be held liable for any decisions of any kind that may be taken by the User on the basis of information accessible via the Mobile Application services. The Publisher reserves the right to take any action necessary to ensure that the User complies fully with its obligations. The User is responsible for the use he makes of the information made available to him by the Publisher within the framework of the Mobile Application, and must therefore ensure that he is in possession of all the information necessary to make a decision in his own best interests.

    XI - Communication

    For any questions and/or complaints concerning a technical problem related to the Mobile Application, any User may contact the Publisher by e-mail at the following address: contact@moovance.fr

    XII - Applicable law and jurisdiction clause

    The General Terms of Use and the use of the Mobile Application are governed by and construed in accordance with French law and are subject to the exclusive jurisdiction of the French courts. Any disputes arising in connection with the execution and/or interpretation of the Terms of Use shall be brought before the competent courts of Paris.

    XIII - Privacy policy

    13.1 – DPO (Data Protection Officer) contact details

      If you have any questions or concerns about your personal data or our privacy policy, you can contact our DPO at the following address:

      Address: 229 rue saint-honoré, 75001 Paris

      Email : rodrigue@moovance.fr

      Telephone: 01 87 40 57 00

      13.2 – Safety measures

      We take the protection of your personal data very seriously. To guarantee their security, we have implemented the following measures:

      • Data encryption using SSL/TLS technology.
      • Secure hosting in data centers protected by state-of-the-art firewalls.
      • Regular training of our staff in good safety practices.
      • Restricted data access: only those employees who need access to your information to do their job have access to it.

      13.3 – Legal basis for each processing operation

      For each processing of personal data, we ensure that we have an appropriate legal basis:

      • Consent: For services such as newsletters or certain opt-in features.
      • Contract performance: Where processing is necessary for the provision of our services.
      • Legal obligation: When we are legally obliged to process your data.
      • <span “>Legitimate interest: When processing serves our legitimate interests while respecting your fundamental rights and freedoms.

      13.4 – Exercise of rights

      You have various rights concerning your personal data:

      • Access: You may request a copy of the personal information we hold about you.
      • Rectification: If you feel that your information is inaccurate or incomplete, you can ask for it to be corrected.
      • Deletion: You have the right to ask us to delete your data.
      • Objection: You may object to the processing of your data for reasons relating to your particular situation.
      • Limitation and portability: In certain circumstances, you may request that we limit the processing of your data and transfer it to us.

      To exercise these rights, please contact our DPO using the contact details provided above.

      13.5 – Policy on security breaches

      In the event of a security breach resulting in the disclosure, loss, modification or unauthorized access to your personal data, we undertake to inform the users concerned and to take all necessary measures to limit the effects and prevent further incidents.

      13.6 – Right of complaint to the CNIL

      If you feel that your personal data protection rights have not been respected, you have the right to lodge a complaint with the CNIL (Commission Nationale de l’Informatique et des Libertés). You can do this directly on their website or by contacting them by post.

      We thank you for your trust and pledge to protect and respect your privacy.

      XIV - Complaints - Disputes

      Complaints or disputes will always be received with attentive benevolence. In the event of a dispute, the User must first contact the Publisher for an amicable solution by email at contact@moovance.fr or by post at the following address: Moovance, 229 rue St Honoré 75001 Paris.

      In the event of a complaint relating to the processing of personal data, the user may contact the CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 0710.

      Gestion des cookies