1. General

1.1 These General Terms and Conditions (the “Terms”) are entered into by Most Tech Sweden AB, reg. no.559232-3462, address: Torsgatan 26, 113 21 Stockholm, Sweden, (“MOST”) and the entity that has ordered services from MOST (“You”, or “Customer”). MOST and Customer are jointly referred to as the Parties.

1.2 These Terms forms part of your agreement with MOST, governing Your use of MOST’s Services, unless otherwise expressly agreed in writing.

1.3 The Most Device and Service are to be used as further specified in the quotation and the agreement entered into between the Customer and Seller, including any Purchase Orders, Schedules, these Terms and the referred End-User Agreement (jointly the “Agreement“), constitute the parties’ complete regulation of all matters concerned by the Agreement. In case of conflicting terms in these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Definitions

2.1 These Terms shall have the following meaning:

“Service“, meaning the supply of Data to the Customer via MOST Interface.

“Data” shall mean data attributable to cargo that is collected by the MOST Device, such as. inter alia real-time location, temperature, humidity, light or shock or as otherwise set forth.

“Data Collection”, meaning the collection, processing and analysis of Data.

“MOST Device”, meaning tangible, movable property that collects Data“

“MOST Interface”, meaning MOST’s Web Interface and MOST’s Mobile Interface, which both are online interface by which Data is displayed in real time.

”End-User Agreement”, meaning the specific Terms of Use on access to User Account to the MOST Interface for specific individuals appointed by Customer or by parties appointed by Customer and MOST’s Privacy Policy for the processing of personal data.

“User Account”, meaning personalized access account to the Most Interface.

“Activate” (MOST Device), meaning the activity of starting up the MOST Device and connecting such MOST Device to a Digital Cellular Network.

“Digital Cellular Network”, meaning the, for each geographical region, applicable digital cellular communication network that is provided by third parties, such as e.g. the GSM-network, 3G-network or 4G-network.

“Pairing”, meaning the activity of assigning specific cargo to a specific MOST Device.

“Customer“, meaning any counterparty or counterparties and prospective counterparty or counterparties of MOST for the sale and delivery of Service.

“Security Codes“, meaning user names, passwords, PIN codes and other details used to access the Service and User Account.

“Seller“, meaning MOST or other counterparty or appointed partner or agent of MOST for the sale and delivery of the Service.

“Confidential Information”, meaning all information, irrespective of whether the information is documented or not, which the disclosing Party is treating as confidential as well as any other information which should reasonably be regarded as being of a confidential nature. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.

”Manuals”, meaning written instructions on the permitted use of MOST Device, MOST Interface, User Account and or other aspects relevant to the Service. Product sheets and Manuals are available at http://mobsentech.com/manuals.

“Purchase Order”, meaning Customer’s purchase order of Services as confirmed by MOST in accordance with the purchase process below.

 “MOST SIM-card”, a unique SIM card that can be connected to a GSM network and is only used with a unique MOST Device.

3. The Service

3.1 The Service is a service for collection, processing, analysis, communication and presentation of Data. The supply of the Service comprises of i) the MOST Device, ii) Data Collection performed by the MOST Device and iii) processing and presentation of Data to Customer via the MOST Interface.

3.2  MOST may change, modify or suspend the Service without any liability for possible consequences of such changes if:  i) the use of the Service causes damage to MOST or a third party; ii) the Customer, despite reminder, has not paid an invoice or other fees; or iii) the Customer has committed a breach of any of its obligations under the Agreement.

3.3 – Use of the Service

Using the Service generally follows the following process. Upon this Agreement enters into force, Customer orders MOST Devices from MOST or Agent. Upon delivery of MOST Devices to Customer, or to by Customer appointed third party, Customer, or party appointed by Customer, Activates the MOST Devices and Pairs each MOST Device to specific cargo. The Most Device then collects Data and transfers Data to the MOST Interface to which the Customer’s, or parties appointed by Customer, have User Account(s).

3.4 Customer shall mount, set up and use the Service in accordance with the Manuals, End-User Agreement or as specifically instructed by MOST from time to time.

3.5 The Customer is responsible for all activities performed with use of the Security Codes and shall keep all Security Codes in a secure and satisfying manner so that unauthorized persons are unable to obtain them.

4. ORDER PROCEDURE

4.1 Any company within the Customer’s group of companies may issue Purchase Orders in writing, by e-mail or, if applicable, by means of electronic data interchange, to MOST and/or Seller for the order of Services.

4.2 A valid purchase of Services under this Agreement shall be considered concluded when MOST and or Seller have confirmed the Purchase Order.

4.3 When a purchase has been concluded, this Agreement shall then be deemed to be integrated parts of such purchase.

4.4 A Purchase Order may consist of the following: Customer name and address, Services and amount, desired delivery week and price.

5. MOST Device

5.1 Upon fulfilment of payment, Customer owns the MOST Devices purchased as specified in the Order(s), with the exception of the MOST SIM card which is, and shall remain, the exclusive property of MOST.

5.2 Customer is granted a non-exclusive, non-sublicensable, license to the MOST SIM card in each MOST Device during the Term of the Agreement.

5.3 Each MOST Device is to be used for a specific purpose by a specific Customer, after which the MOST Device may be either disposed or returned to MOST.

5.4 The Customer, or any third party appointed by Customer, may never disassemble, reverse engineer, copy or resale the MOST Device and MOST SIM card. Customer shall inform appointed third parties about this obligation and contractually ensure third party compliance. For the avoidance of doubt, Customer shall demonstrate compliance with this obligation if MOST has reason to believe that Customer is in violation of this obligation.

6. DATA COLLECTION

6.1 Throughout the Data Collection, MOST collects, compiles, stores, processes and analyses Data. In order to transfer Data, the MOST Device is Activated and connected to a Digital Cellular Network by an individual MOST SIM-card per each MOST Device.

6.2  The purpose of Data Collection is to provide Data in real-time to Customer, or by Customer, specifically appointed parties or individuals. Data shall not be provided to individuals nor companies or other third parties other than those appointed or approved, for example by this Agreement, by Customer.

6.3 The Data is processed and stored by MOST or third parties who supply solutions for data storage, processing and analysis. Data is stored for a time period of 24 months counted from collection of the Data. Once this period has lapsed, the data will no longer be available to the Customer.

6.4 In the relationship between the Customer and MOST, MOST shall be the owner and holder of all rights pertaining to Customer’s Data. MOST hereby grants to Customer access to use the Data in its own business, including but not limited the right to modify, transfer, sell such Data, and to produce the copies necessary for such use for the duration of the subscription of the Service MOST Web Interface.

7. MOST Interface

7.1 – MOST Interface

MOST provides a MOST Interface upon which Data is presented in real time. MOST will make available access to the MOST Interface to specific individuals appointed by Customer who will get a personal User Account with access to the MOST Interface.

7.2 – End User Agreement

Provisions regarding access to and use of the User Account and the MOST Interface and collection and processing of personal data will be presented to eligible individuals in End-User Agreement, during the process of registering a User Account. These provisions are also available on MOST’s website: www.mobsentech.com

8. MARKETING

8.1 – Your Use of the Service

MOST and its affiliates may retain and use, Your customer data for targeted, direct marketing purposes by MOST and any company within the MOST group of companies and its commercial partners.

9. PRICES AND PAYMENTS

9.1 The Customer shall pay the price for the Service in each applicable Order or as is otherwise specified in MOST’s current price list, as amended by MOST from time to time.

9.2 All payments made by the Customer shall be applied first to settle all costs and interest due and then to those invoices which have been outstanding for the longest time, even if the Customer states that the payment relates to an invoice of a later date.

9.3 The fees for the Services shall be invoiced monthly in arrears. Payment shall be due 15 calendar days from the date of the invoice.

9.4 Interest on overdue payments shall be payable according to law. Late payment shall be subject to the addition of interest which is calculated upon the current reference interest rate added with eight (8) percentage units, in accordance with the applicable provisions of the Swedish Interest Act (Sw. Räntelagen).

9.5 MOST shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by Customer. Customer shall be responsible for the reasonable costs incurred by MOST when collecting overdue fees.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The MOST Device, the process for Data Collection and the MOST Interface are protected by intellectual property rights, such as, but not limited to, patent right, copyright, trademarks, design rights and sui generis database rights. Any and all intellectual property rights attributable to the MOST Device, the process for Data Collection and the MOST Interface (“Intellectual Property Rights”) are the sole and exclusive property of MOST or its third party licensors.

10.2 Customer understands and agrees that Customer’s rights or access to the Intellectual Property Rights are limited to those rights expressly granted in this Agreement and do not include any other licenses or implied rights.

10.3 Customer shall promptly notify Seller of any actual or threatened misappropriation or infringement of Intellectual Property Rights which comes to Customer’s attention.

10.4               – Intellectual Property Rights Indemnity

MOST shall have no liability to Customer under this Section or otherwise for any action or claim alleging infringement based upon any conduct involving (1) the use of any MOST Device, (2) the use of any MOST Device in combination with other products, equipment, devices or software not supplied by MOST (including without limitation any application software produced by Customer for use with such MOST Device), (3) the alteration, modification or customization of any MOST Device by any person other than MOST, or by MOST based on Customer’s specifications or otherwise at Customer’s direction (regardless of whether such alteration, modification or customization occurs before or after the MOST Device is originally shipped by MOST to Customer); or (4) any failure to install an update to a MOST Device provided by MOST.

10.5 In the event of an infringement action or claim against MOST which is based on any conduct described in the preceding section, Customer shall at its own expense defend such action or claim, and Customer shall pay any and all damages and costs finally awarded against MOST in connection with such action or claim, provided that MOST notifies Customer promptly in writing of such action or claim, MOST gives Customer sole control of the defence thereof (and any negotiations for settlement or compromise thereof), and MOST cooperates in the defence thereof at Customer’s expense.

11. DELIVERY TERMS

11.1 The MOST Devices are delivered to Customer by third party logistical partners. Any agreed trade terms shall be construed in accordance with the INCOTERMS in force when the Agreement enter into force. The trade terms shall be according to Purchase Order.

12. WARRANTIES

12.1 – General

The Service, including the MOST Device, the MOST Interface and the User Account are provided “as is” and “as available”, without express or implied warranty or condition of any kind.

12.2 MOST makes no representations and disclaims any and all warranties including, but not limited to, warranties concerning satisfactory quality, fitness for a particular purpose, service levels, up-time, results from use of the Service, including the MOST Device, the MOST Interface and the User Account, non-infringement of third party’s intellectual property rights or that the Service, including the MOST Device, the MOST Interface and the User Account  is free of malware or other harmful components.

12.3 – Third Part applications and integrations

MOST makes no representation nor do they warrant, endorse, guarantee, or assume responsibility for any third party applications or integrations (or the content thereof) or any other product or service advertised or offered by a third party on or through the Service, or featured in any banner or other advertising.

12.4 – Customer’s transactions

MOST is not responsible or liable for any transaction between Customer and third party.

12.5– MOST Devices

All MOST Devices shall be MOST’s standard, off‑the‑shelf items, and no special or customized version of any MOST Device shall be provided by Seller. MOST shall have no obligation to ensure that the MOST Device operate in conjunction with Customer’s equipment, software or other products or systems, and Customer shall be responsible for all costs it incurs in connection with any modifications it elects to make to its own equipment, software or other products or systems unless specifically set forth by MOST in writing.

12.6 Notwithstanding what is described in this Agreement, Seller warrants that, for a period of six (6) months from the date such MOST Device is shipped from Seller’s facility to Customer (such period referred to herein as the “Warranty Period“): (1) all components of such MOST Device shall be free from faulty workmanship and defective materials; and (2) the MOST Interface shall substantially conform to the written documentation designated by Seller for use thereof. The warranties provided by Seller in this Section. are the only warranties provided by Seller with respect to the MOST Device and the Service, and may be modified or amended only by a written instrument signed by Seller and accepted by Customer.

12.7 If, during the applicable Warranty Period for a MOST Device sold by Seller hereunder, it is determined that any component of the MOST Device is defective due to faulty workmanship or defective materials, such MOST Device shall be returned to Seller.

12.8 The Customer will carry the expense of shipping such MOST Device to Seller except as otherwise agreed by Seller.  Upon receipt of any such MOST Device during the applicable Warranty Period, Seller shall, at its expense, (1) in Seller’s sole discretion, repair, repay or replace such Product, and as the case may be (2) ship such MOST Device to return it to the Customer.

12.9 Seller’s obligations hereunder shall arise only if Seller’s examination of the MOST Device in question discloses to Seller’s satisfaction that the claimed defect or nonconformity actually exist and was not caused by any improper testing or use, any misuse or neglect, accident, fire or other hazard.  Repair or replacement of a MOST Device (or any part thereof) does not extend the Warranty Period for this MOST Device.

12.10 The parties expressly agree that the MOST Devices are not considered to be goods for use for personal, family or household purposes, or consumer goods and that such use shall not take place.

12.11 – Quality of Data

MOST makes no representations and disclaims any and all warranties concerning satisfactory quality of Data, fitness for a particular purpose and results from interpretation and use of the Data.

12.12 – Data Collection

Since Data Collection is depending on several factors, such as, but not limited to, i) the availability and function of the MOST Device and ii) that Customer, or party appointed by Customer, complies with instructions from Seller and Manuals for the use of the MOST Device and thereto attributable software or installation processes, such as the activity of Pairing the MOST Device to cargo, iii) the availability of the Digital Cellular Network, MOST makes no representation nor do MOST warrant, endorse, guarantee, or assume responsibility for that Data Collection may be performed or upheld at all times.

12.13  – Digital Cellular Networks

MOST provides the Service through Digital Cellular Networks. MOST shall provide the Service in a professional manner and in accordance with the provisions of the Agreement. However, the supply of the Service and the MOST Interface shall at all times be subject to the conditions, limitations and availability of the Digital Cellular Networks and while MOST endeavours to keep the Service and the MOST Interface available at all times and to correct errors and defects without unnecessary delay, Seller can neither represent nor warrant that the Service will be continuous, uninterrupted or error-free or that any defects will be corrected.

12.14 – Customer’s warranties

Customer’s warrants that it has the equipment and software that Seller, on a website or by another written method, has stated is required in order to use the Service, or which otherwise is clearly required for such use.

Customer warrants that Customer, or party appointed by Customer, will comply with instructions and Manuals for the use of the MOST Devices and the Service from Seller.

13. LIMITATION OF LIABILITY

13.1 Unless a result of gross negligence or wilful misconduct, the liability of either Party to the other for any type of damages is limited to the amount equivalent of MOST’s total remuneration under this Agreement for the latest 12-month period.

14. INDEMNIFICATION

14.1 The Customer has complete and exclusive responsibility for all its use and activities concerning, or including, the MOST Device and the Service, including MOST Interface and User Account. MOST shall not have any obligation to indemnify or hold harmless Customer of any damage or loss, directly or indirectly, resulting from Customer’s use of the MOST Devices or the Service, including MOST Interface and User Account, including but not limited to, claims from third parties or governmental authorities.

15. TERM AND TERMINATION

15.1 The Agreement is effective from the date of the Purchase Order and will remain in force through one year from that date. It shall automatically renew for periods of 12 months unless terminated in writing by either party giving 6 months notice.

15.2               – Effects of termination

Upon termination of the Agreement, the following shall apply. Any MOST Devices that Customer has in their possession or that has been ordered from Seller, before the day of the termination, shall be delivered to Customer and may be used by Customer for a period of 6 months. Information on the processing of User content collected in accordance with the End-User Agreement once the User Account is terminated is found in the End-User Agreement.

16. Complaints

16.1 If a defect in a MOST Device is not directly visible upon delivery, the Customer is under the obligation to notify Seller thereof, in writing and with an explanation, immediately after discovery of the defect. The Customer may no longer assert that a MOST Device does not conform to the Agreement if this notice was not given immediately, but in any event no later than fifteen (15) days (i) after delivery of the MOST Device or (ii) in case of a non-visible defect, after it should reasonably have been discovered by the Customer during the Warranty Period.

17. force majeure

17.1  Any failure or delay by Seller in the performance of its obligations under this Agreement shall not be deemed a breach of contract if such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance, non-standardized methods, material, or containers  for transportation of cargo or any other similar cause beyond the reasonable control of Seller. Seller does not accept any liability for the consequences arising out of any such force majeure events.

18. CONFIDENTIALITY

18.1 Each Party agrees to keep and procure to be kept secret and strictly confidential all information in any form or medium whether disclosed orally or in writing before or after the execution of the Agreement designated as confidential in writing by either Party together with all other information which relates to the Intellectual Property Rights, business, affairs, products, developments, trade secrets, know-how, personnel, sub-contractors, customers and suppliers of either Party, including the terms of the Agreement, or information which otherwise may reasonably be regarded as confidential information of the disclosing Party.

18.2 For the avoidance of doubt Confidential Information shall not be used by either Party for any purpose other than fulfilling its obligations and complying with the Agreement, as required by mandatory applicable law or regulations of administrative bodies or to the extent required by the rules of any relevant stock exchange.

18.3 Neither Party shall at any time divulge, disclose or otherwise furnish, directly or indirectly, to any third party any Confidential Information unless explicitly permitted herein or required by law or regulations of administrative bodies.

18.4 Each Party shall reveal the Confidential Information only to their employees or other persons engaged to whom disclosure is necessary for them to perform their duties for the purpose of the Agreement. Each Party shall impose the above obligation of confidentiality on their employees and other persons.

19. MISCELLANEOUS

19.1 This Agreement with any appendices or referred End-User Agreement constitute the entire agreement between the Parties and shall supersede all prior written or oral agreements between the Parties regarding the subject matter of this Agreement.

19.2 The Customer shall not transfer any of its rights or obligations towards MOST to third parties without MOST’ prior written consent.

19.3 MOST has the right to assign and transfer its rights and obligations, in part or in full, under this Agreement. Furthermore, MOST has the right to subcontract the performances of their duties.

19.4 If the ownership of MOST business changes, MOST may transfer the Agreement to another legal entity so that they can continue supplying the Service. The new legal entity that will hold your information, subscription and User Account will still have to honour the commitments MOST and you have made in this Agreement.

19.5 Any amendment or modification to this Agreement or any of the appendices must in order to be binding for the Parties be in writing and signed by both Parties.

19.6 Any notice given under this Agreement shall be made in writing and sent to the address set forth under the name of each Party on the first page of this Agreement.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden.

20.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce.

20.3 The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

20.4 The place of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English, unless otherwise agreed.

20.5 The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared in connection with the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party.

20.6 This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard, in the best possible way, its rights vis-à-vis the other Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.

1. General

Summary of User Privacy Policy

• This Privacy Policy applies when Most Tech Sweden AB, reg. no. 559232-3462, address BOX 4001, 182 04, Enebyberg, Sweden (“MOST”, “We”, “Us”) supplies the MOST website https://faq.nexxiot.com/products/cargo-monitor/ (the “Website”) and the Service, as defined in MOST’s Terms of Use (the “Service”), see link https://faq.nexxiot.com/cargo-monitor-legal-notice/ to you (“You”).
• We are responsible for the processing of all your information that is directly, or indirectly referable to you and for which we decide the purposes and the means of processing.
• By creating a user account at our Website, you agree that we collect and process your Personal Data in accordance with this Privacy Policy.
• If you have any questions or concerns, please contact us at cargomonitor@nullfaq.nexxiot.com. 

Table of Contents

1. Introduction
2. Personal Data that we Collect
3. How and Why we Use Your Data
4. When and How we Share Information with Others
5. The Individual’s Rights
6. Security of Your Information 
7. Data Storage and Retention
8. Exclusions
9. Changes and Updates to the Privacy Notice
10. Questions, Concerns or Complaints

• Introduction

This user privacy policy (“Privacy Policy”) applies when Most Tech Sweden AB, reg. no. 559232-3462, address BOX 4001, 182 04, Enebyberg, Sweden (“MOST”, “We”, “Us”) supplies the MOST website https://faq.nexxiot.com/products/cargo-monitor/ (the “Website”) and the Service, as defined in MOST’s Terms of Use (the “Service”), see link https://faq.nexxiot.com/cargo-monitor-legal-notice/ (“You”).

We are responsible for the processing of your personal data for which we decide the purposes and the means of processing. With “Personal Data” we mean information, which is directly, or indirectly referable to a natural living person, e.g. name, email-address and IP addresses. We may collect the information set out below, which may include your Personal Data.

By creating a user account at our Website you agree that we collect and process your Personal Data in accordance with this Privacy Policy.

• Personal Data that We Collect

We may collect and use the following Personal Data from you when you create your MOST account:

• full name;
• e-mail address; and your
• mobile phone number.

Please note that we are unable to provide the Services unless you provide the above stated Personal Data.

When you use the Service, certain information will be collected automatically by us, including;

• information about your use of the Services; and
• technical data, which may include the URL you are accessing the Website from, your IP address, network and computer performance, browser type, language and identifying information and operating system.

We collect information through technology like cookies, pixels and local storage (like on your browser or device). For information about how we use system technologies and analytic tools and how you can prevent the use of cookies, please see our Cookie Policy available at https://faq.nexxiot.com/cargo-monitor-legal-notice/

• How and Why we Use Your Data

We process your Personal Data for various purposes. Mainly we collect and process your Personal Data in order to provide you with the Services.

Providing a Service

One of our primary purposes for collecting personal data is to be able to perform and administer our Services to you:

Legal basis: This is necessary for the performance of our contracts with you (User Agreement and Privacy Notice and any additional contracts that we have agreed on).

Collection of your geolocation data collected via cookies on our website is based on your consent to the cookies used.

Making our website function smoothly

We use strictly necessary cookies to enable you to navigate the site and use the services and features it provides. For more information on exactly what type of cookies we use, what kind of information they gather, and why, please visit our [Cookie Policy].

Legal basis: We process this data as it is in our legitimate interest to provide you with our services and we also rely on your consent to our cookies.

Customer support/Communication with you

Certain information that you provide to us when you contact us is stored and processed to best manage your inquiry with us. 

Legal basis: This processing is carried out to fulfil our contract obligations.

Security

We use data to protect the security of our Service, our Visitors and our Professionals, to detect and prevent fraud and to resolve disputes and to enforce our agreements.

Legal basis: We carry out this processing because it is necessary for our legitimate interest to protect our systems and services.

Statistics, analytics, and service improvement

We process IP addresses, device location, browser type, operating system and other usage information about the use of our Service, including a history of the pages you view to help us design our site to better suit our Users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our Service, analyse trends, track User movements, and gather broad demographic information that assists us in identifying User preferences. 

For statistical purposes, we store information about how many individual Users we have, and how often these individual Users visit our website and use our Service. We collect and store this information to better understand all our Users’ needs and interests so that we can develop and improve our Service in the future. 

Legal basis: We carry out this processing because it is necessary for our legitimate interest to improve our services and to develop our business.

Communications

If you correspond with us, e.g. by e-mail, we may keep such correspondence and the information contained in it (your name, e-mail, contact information and any personally identifiable information you provide in free text form). We keep this to respond to your inquiry; to notify you of MOST publications, or other services; or to keep a record of your complaint, accommodation request, and the like. 

For newsletters you may manage your preferences, and you may opt-out of receiving certain communication at any time. Please note that if you ask MOST not to contact you by e-mail at a particular e-mail address, we will keep that e-mail address on our “master do not send”- list. We do this to comply with your no-contact request.

As always, if you wish to have MOST “erase” your personal information or otherwise refrain from communicating with you, please contact us at cargomonitor@nullfaq.nexxiot.com

Direct Marketing

We might further process your Personal Data for direct marketing purposes, so MOST is able to send you information about MOST, e.g. new services provided by MOST or other information about MOST to your e-mail.

If you do not want us to process your Personal Data for the purpose of us sending you information about MOST, direct marketing, you can give written notice to us via cargomonitor@nullfaq.nexxiot.com. 

• When and How we Share Information with Others

With regard to the account information MOST is the data controller and, as such, always responsible for that processing of your Personal Data is lawful.

MOST can use a Personal Data processor on our behalf to perform the tasks in accordance with the above, e.g. IT suppliers, server suppliers, suppliers of digital data, analyzing tools (“Data Processors”). Such sub-processor will have the same obligations regarding the processing of personal data as MOST has towards you.

MOST may share and disclose your Personal Data to our partners and suppliers that process Personal Data on behalf of MOST, for the above stated purposes.

Due to that Data Processors can be geographically located both within and outside the EU/ EEA your Personal Data may be transferred to or stored in a country outside the EU/ EEA. As a result, you might get less legal rights in relation to your Personal Data. Your username may be disclosed to other users of the Service. By creating a user account to the Service, you agree that user’s Personal Data is transferred and stored outside the EU/ EEA.

You hereby acknowledge, understand and agree that the privacy policy of third parties will govern all use of information provided to third parties in accordance with this Privacy Policy.

We may also disclose your data to third parties if we have reasons to believe that access, use, retention or disclosure of such information is necessary to:

1. Comply with any court order, administrative decision or other legal obligation;
2. Enforce or apply our agreements and terms; 
3. Manage and maintain the security of our website, including preventing or stopping an attack our computer system or network; and
4. Protect the rights, property, or safety of our Users, MOST, its affiliates, or others.

• The Individual’s Rights

MOST will follow all data protection regulation within the EU which gives you specific rights, including, but not limited to:

• Get a free transcript of your personal information;
• Have your personal information corrected or deleted;
• Request a limitation of processing based on MOST’s legitimate interest;
• Complain to the appropriate Data Protection Authority (DPA);
• Data portability;
• Information about the existence of, and the logic behind, profiling; and
• Withdraw your consent for future processing of your Personal Data.

You have the right to, by a signed application, get a transcript of the Personal Data we hold about you. This Service is given to you free of charge once per calendar year. Upon your request, or by own initiative, we will correct any information that is incorrect or misleading. 

For more information on how we process your Personal Data, or for more information on your rights to your Personal Data, please contact us on cargomonitor@nullfaq.nexxiot.com.

• Security of Your Information 

You should always be able to feel safe when you provide your personal information to MOST. We have therefore taken the security measures required to protect Personal Data against unauthorized access, modification and deletion. 

MOST is responsible for ensuring that your Personal Data is treated in accordance with applicable legislation. Once per calendar year, you are entitled to, by a signed application, obtain a transcript of the Personal Data we hold about you free of charge. We will at your request or by own initiative correct information found to be incorrect or misleading. 

If we were to transfer your personal data to third countries, i.e. countries outside the EU / EEA, we will enter into agreements and take other measures in accordance with applicable legal requirements, involving the European Union Standard Contractual Clauses. Please email [privacy@…] if you want more information about the safeguards we have in place when transferring data outside the EU and the UK. If you use our services while you are outside the EU and the UK, your information may be transferred outside the EU in order to provide you with those services.

• Data Storage and Retention

Personal data handled by MOST is stored and processed in the region where you are located, in Sweden or in other countries where MOST, its affiliates, subsidiaries, partners or suppliers are active. We take steps to ensure that the information we collect in accordance with this Privacy Policy is dealt with in accordance with the provisions of this Notice and in accordance with applicable laws where the information is available.

MOST will only process and keep your Personal Data for the continuation of the Service and never longer than necessary. The term ‘necessary’ referring for the time that is needed for us to be able to provide you with our services and to fulfil the purposes set out in section 4 above.

You can terminate your agreement with MOST by deleting your MOST account.

• Other Provisions

MOST has the right to assign its rights and obligations under this Privacy Policy. Furthermore, MOST has the right to subcontract the performance of their duties following from this Privacy Policy.

If the ownership of our business changes, by way of share purchase, we may transfer your personal data to the new owners so they can continue supplying the Services. The new owner will still have to honor the commitments we have made in this Privacy Policy.

• Changes and Updates to the Privacy Notice

MOST is entitled to change this Privacy Policy at any time. If we make changes to this Privacy Policy, we will notify you by publication cargomonitor@nullfaq.nexxiot.com. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances and, where required under applicable law, ask for your consent.

These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.

• Questions, Concerns or Complaints

Do not hesitate to contact us if you have any questions about how your Personal Data is processed or if you would like to request a transcript. You will find our contact details here.

MOST

Contact address

cargomonitor@nullfaq.nexxiot.com