1. ACCEPTANCE OF TERMS
Toyota Ireland is the developer and owner of the FACE IT DOWN app (“App”) for iOS and Android smartphones. The App is provided to you subject to the following Terms of Service Agreement (“Terms”), which may be updated by Toyota Ireland from time to time without notice to you. These Terms are effective from June 30th, 2017 (as amended on [25th May 2018). Your use of this App is subject to these Terms. By installing and using the App, you agree to be bound by these Terms. As soon as you have registered your details within the App, and you have therefore confirmed acceptance of these Terms, and the App is activated on your mobile device, data will be transmitted to Toyota Ireland through the App.
If you have any questions about these Terms you can contact us by email at email@example.com or in writing at Customer Relations Department, Toyota Ireland, Killeen Road, Dublin 12.
“App” means the FACE IT DOWN application including any updates, new versions or new releases of the App downloaded to your Mobile Device which records Data and transmits it to Toyota Ireland;
“Data” means the information Toyota Ireland collect from your Mobile Device as set out in Clause 4;
“Merchant” means any nominated supplier in the Republic of Ireland whereby the points obtained using the App can be redeemed by the User for rewards;
“Mobile Device” means the smartphone mobile device onto which the App is downloaded and installed;
“Personal Data” has the meaning ascribed to it in the General Data Protection Regulation (EU) 2016/679;
“Toyota Ireland” means Toyota Ireland Unlimited Company, Company No. 37417, with a registered office at Lexus House, Killeen Road, Dublin 12;
“We/Us/Our” means Toyota Ireland; and
“You/Your/User” – the User of the App who has downloaded the App onto his/her Mobile Device.
3. USE OF THE APP
The App aims to change the behaviour of people who physically interact with their Mobile Device while driving by rewarding them not to do so.
Users of the App earn points for every kilometre driven that they do not physically interact with their Mobile Device. Points obtained using the App can be redeemed by the User for rewards at a Merchant’s premises. It is an offence to hold a mobile phone in your hand or support it with another part of your body when you are driving. UNDER NO CIRCUMSTANCES SHOULD THE MOBILE DEVICE BE HANDLED WHEN DRIVING.
The App collects data about the start and end point of the journey, the route and orientation of the Mobile Device and interactions with the Mobile Device as more particularly set out in Clause 4. Any Personal Data collected is collected solely for the purposes of improving the User experience, usability and performance of the App, for anonymised statistical purposes and the redemption of rewards, and not for any other reason including marketing purposes. None of the Personal Data collected will be shared by Toyota Ireland with any third parties, except for operation and management of the app or for anonymous statistical analysis.
The App rewards the User with points based on an algorithm which is the property of Toyota Ireland.
The rewards offered, points awarded and points required to redeem rewards are subject to change at any time.
The number of points earned and rewards available to be redeemed are listed within the Rewards area of the App.
The App begins tracking User activity for the journey when the User clicks on the start button within Journey Tracker on the App prior to driving.
The Mobile Device will vibrate (provided this is a function available and enabled on the Mobile Device) to signal tracking for that journey has commenced. The App uses GPS location tracking to assess the start and end point of the journey, how many kilometres the Mobile Device is covering whilst in motion, and uses the gyroscope function of the Mobile Device to assess whether the Mobile Device has been lifted up or interacted with whilst the tracking function is active.
The User is instructed to place the Mobile Device face down in a safe and secure position in the vehicle. If the Mobile Device is not placed face down in a safe and secure position, points for the journey may not be earned.
The App will begin to calculate the number of points earned for that journey when the User clicks on the finish button, at the end of the journey. By pressing the finish button the User is declaring that the journey is completed.
The number of points achieved for a successful journey will be saved in the User’s account within the App under Journey History. This will include data such as the start point and end point of journey which are approximations. This feature is to help Users to identify and differentiate between each journey and the number of points awarded for each journey.
If during the driving period, the User lifts up, touches, swipes and/or physically interacts with the Mobile Device or screen of the Mobile Device in any way, no points will be rewarded for the journey. The User may however connect and use their Mobile Device through Bluetooth while using the App but should connect to any such device prior to starting their journey.
All points and rewards claimed must be redeemed within 12 months of completion of the particular journey to which such points and rewards were obtained. The User’s journey data is kept on the Toyota Ireland database for a maximum period of 13 months, which includes a grace period of 1 month, to allow sufficient time for the redemption of rewards following the expiration of the 12 month redemption period. After this period, the journey data will be permanently deleted. Before the expiration of the redemption period, User data can also be deleted on request by the User by contacting Toyota Ireland by email at firstname.lastname@example.org.
The App should not be used as a navigation app, GPS or direction indicator.
Users should use common sense when driving and not change their driving patterns with the intent of affecting the data collected by the App. Not only will this result in bad data, it may also result in damage to you, your vehicle and/or your Mobile Device. Toyota Ireland accepts no responsibility for any damage to you, your vehicle or your Mobile Device while using this App.
Tampering with the data collection methodology will result in cancellation of your account and all points earned will be voided.
Toyota Ireland cannot accept any responsibility for points not awarded through the App.
The maximum number of points that can be rewarded in a 12 month period for an individual cannot exceed 20,000 points or as specified by Toyota Ireland who reserve the right to amend these Terms at any point in time. Please refer to the FAQ area within the App to verify the number of points that can be redeemed in a 12 month period.
You are solely responsible for ensuring that your App username and password login details and Facebook credentials (if applicable) are kept confidential and safe. Toyota Ireland will not be responsible for misuse of your username and/or password. You may not use the content or services made available in the App in ways that might violate our intellectual property rights, a third party’s intellectual property rights, harm our systems, or abuse other App Users. Any trademarks shown in the App are the property of their respective owners.
You acknowledge that any content uploaded to the App is done so at your own risk and Toyota Ireland disclaim all liability in relation to such content. You are prohibited from posting or transmitting to the App any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy of which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4. DATA PROTECTION
Toyota Ireland will maintain the confidentiality and security of your personal information in accordance with (i) the requirements of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) or any amendment, re-enactment or extension of such legislation and (ii) our privacy statement which is available at https://www.toyota.ie/privacy.json.
5. INFORMATION COLLECTION AND PROCESSING
We draw your attention to this section so that you understand how Toyota Ireland use the information collected by the App. By downloading and activating the App on your Mobile Device, you are consenting to the collection, storage and use of data collected from your Mobile Device.
A User’s journey data is kept on the Toyota Ireland database for a period of 13 months (which includes a 1 month grace period) to allow sufficient time for the redemption of rewards following the expiration of the 12 month redemption period. After the expiration of this period, the User’s journey data will be permanently deleted. Before this redemption period has expired, data can also be deleted by request from the User by contacting Toyota Ireland by email at email@example.com.
Any Personal Data collected is collected solely for the purposes of improving the User experience, usability and performance of the App and the redemption of rewards, and not for marketing purposes. None of the Personal Data collected will be shared by Toyota Ireland with any third parties who are not involved in the development of the App, the collation of the data generated by the App or for anonymous statistical purposes.
If you wish to prevent collection of any data through the App, please ensure that you uninstall the App from the relevant Mobile Device as data collected when the App is switched on will be attributed to you. Toyota Ireland accepts no responsibility resulting from failure to do so.
If you sell your Mobile Device or give it to someone, you must uninstall the App by going to the App settings on your Mobile Device and uninstalling the App using the normal method for uninstalling an App for your Mobile Device. Toyota Ireland accepts no responsibility resulting from failure to do so.
You agree to provide accurate, up-to-date and complete information about yourself, as prompted by the App and to promptly update your information as and when any changes do occur.
Following registration and activation of the App, Toyota Ireland may collect and store all or some of the following User data for the following purposes and may provide this in response to a Subject Access Request:
- User’s Name – to be used for the User’s profile and for addressing operational email communications to the User regarding the App;
- User’s Email Address – to be used within the User’s profile and to send operational email communications to the User regarding the App only. The User’s email address will not be used to send any marketing communications or shared with any third parties. For further information please refer to section 5 (Communications);
- County – to determine downloads by county;
- Password – for the User to access the App;
- Facebook ID (if using Facebook login) – for the User to access the App if he/she signed up
- Journey Data – Once the User clicks on the Start button, the App begins tracking usin GPS until the User clicks on the Finish button. When the User clicks on the Finish button to signal that the journey has finished, the App stops tracking through GPS. The App makes note of the start and end points of a journey. The App uses these 2 points to form a text address for a description of the start and end point (can be approximate) which will be displayed in the journey history. This feature is to help Users identify and differentiate between each journey and the number of points awarded for each journey. As set out above, the User’s journey history will be deleted one month after the expiry of the period for redeeming rewards (13 months after a particular journey).
Data that is sent from the App to store in servers can include; distance, end point of journey (can be approximate), number of points per journey, start point of journey (can be approximate), journey start date and time, journey end date and time along with user ID.
Data regarding each successful journey in which points were awarded is saved in the user account section of the App and is accessible to the User under Journey History. This will include data such as: date of journey, end point of journey (can be approximate), start point of journey (can be approximate) and number of points per journey.
If you wish to prevent display of data for a journey in the Journey History section of the App, please ensure that you do not click on the Start button as this initiates tracking and recording of the journeys which or may not be displayed in the Journey History. Data collected when the App is initiated on your Mobile Device will be attributed to you.
Other than personally identifiable information, which is covered under our Privacy Statement and the Terms, any material you transmit or post to the App shall be considered non-confidential and non- proprietary. Toyota Ireland do not have any obligations with respect to such materials and shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purpose.
Email communications may be sent from or through Toyota Ireland. By providing your email address in registration of the App, you (i) consent to Toyota Ireland’s use of this email address for sending operational communications to you via email in respect of the App and not for marketing purposes, including for example messages to provide you with information related to your use of the App, how to earn and redeem points, available rewards and expiration dates for such rewards, solicitation of feedback (ii) acknowledge that standard messaging and data charges will apply, (iii) represent that the email address given is your own personal email address; and (iv) acknowledge that your consent to the foregoing is not a condition to purchase any goods and/or services from Toyota Ireland.
You may unsubscribe to Email messaging at any stage by clicking on the link within any email communication sent by Toyota Ireland.
7. AVAILABILITY OF APP
While Toyota Ireland endeavour to ensure that the App is normally available 24 hours a day, Toyota Ireland shall not be liable for any reason if the App is unavailable at any time or for any period.
Access to the App may be suspended temporarily and without notice from time to time; for example, in the case of required maintenance or where Toyota Ireland reasonably suspect you have breached these Terms.
Toyota Ireland reserves the right to withdraw or cancel the App at any time without liability to the User.
8. REWARD REDEMPTION
The Merchant, rewards offered, points awarded and points required to redeem rewards are subject to change at any time.
All points and rewards claimed must be redeemed within 12 months of completion of the particular journey to which such points and rewards were obtained.
You agree and acknowledge that points redeemed from a Merchant may be subject to additional terms and conditions issued by the applicable Merchant. Toyota Ireland cannot be held responsible for any issue when redeeming these points by any Merchant.
Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you, and exist at the sole discretion of Toyota Ireland as part of the App. Points cannot be purchased, cannot be redeemed for cash or currency, and cannot be used to pay any credit card or other credit device. Points may not be assigned, transferred or pledged to any third party. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce or other legal assignment.
Use of the App is at your own risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Toyota Ireland will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the App. Toyota Ireland does not warrant that the App will meet your requirements, that the content will be accurate or reliable or that the functionality of the App will be uninterrupted or error free. Nothing in these terms shall exclude or limit liability to you for (i) death or personal injury caused by the negligence of Toyota Ireland; (ii) fraud, or (iii) any liability which cannot be limited or excluded under applicable law.
11. DATA CHARGES
Network data charges may be applied by your Network Operator for the data transmission and data transfer operations used by the App. Please consult your Network Operator for full terms and details in connection with these charges. Toyota Ireland accepts no responsibility for any charges incurred while using the App.
These Terms may be amended from time to time and Toyota Ireland therefore suggest that you review them periodically.
14. ELIGIBILITY TO USE APP
To be eligible to earn Points, you must be at least 18 years old and be resident in Republic of Ireland. Any rewards offered in connection with the App may include additional eligibility requirements and terms and conditions.
A waiver by any party or parties of any breach of any of these Terms, provisions or covenants of these Terms or the acquiescence of any party or parties in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid, shall not constitute a general waiver of such term, provision or covenant or of any subsequent act contrary thereto. Any liability to either party hereto under the provisions of these Terms may be released, compounded or compromised by such party in its absolute discretion as regards the other party under such liability.
16. INTELLECTUAL PROPERTY RIGHTS
Toyota Ireland is the owner or the licensee of all intellectual property rights in our App and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You as User must warrant not to attempt to modify or copy the App or any digital materials you have downloaded in any way through the App, and not to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You as User must warrant not to disassemble, de-compile or reverse engineer or create derivative works based on the whole or any part of the App.
Toyota Ireland’s status (and that of any identified contributors) as the authors of content on our App must always be acknowledged.
You as User must warrant not to use any part of the content on our App for commercial purposes without obtaining a licence to do so from Toyota Ireland or our licensors.
If you download any part of our App in breach of these Terms, your right to use our App will cease immediately and you must, as directed by Toyota Ireland, return or destroy any copies of the materials you have made.
17. NO RELIANCE ON INFORMATION
The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely and the offers or promotions therein do not constitute an endorsement of the goods or services to which those offers or promotions relate.
Although Toyota Ireland make reasonable efforts to update the information on the App, Toyota Ireland make no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up-to-date.
Toyota Ireland do not guarantee that the App will be secure or free from bugs or viruses.
You as User are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.
You as User must warrant not to (i) misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (ii) attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App (iii) attack our App via a denial-of-service attack or a distributed denial- of-service attack. Toyota Ireland will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
19. THIRD PARTY LINKS
Where the App contains links to websites and resources provided by third parties, these links are provided for your information only. Toyota Ireland have no control over the contents of those websites or resources and accept no responsibility for any content on such websites or for the consequence of any actions taken by any person or persons pursuant to the usage of these links or resources.
If at any time any one or more of the provisions hereof or any part thereof is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. It is agreed by the parties that a court of competent jurisdiction may sever any such invalid, illegal or unenforceable provision. The parties agree that should any provision be invalid or unenforceable, then they shall forthwith enter into good faith negotiations to amend such provision in such a way that, as amended, it is valid, legal and enforceable and to the maximum extent possible carries out the original intent of the parties as to the matter or matters in question.
21. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
Document dated 25 May 2018