terms_of_use_en.html

<h1>General Terms of Use</h1>
<p>enviroCar is an open Citizen Science platform that enables citizens, scientists and traffic engineers to collect data from moving vehicles and use this data to answer questions about the efficiency and sustainability of traffic. The enviroCar websites and services are operated by 52°North Spatial Information Research GmbH, Martin-Luther-King-Weg 24, 48155 Münster, Germany.</p>
<p>You will find the the enviroCar websites’ and services’ General Terms of Use of below. These are updated from time to time. When using the enviroCar website, you accept the current version of the general terms of use even if no explicit consent is requested. The place of performance and jurisdiction is Münster in North Rhine-Westphalia, Germany.</p>
<p>If you wish to use the services and functions of the platform that are only accessible to registered users, you must additionally agree to the Special Terms of Use (see below 'Special Terms of Use'). This is done during registration and later with changes of the Special Terms of Use.</p>

<h2>Liability and Warranties</h2>
<p>There is no entitlement to use the enviroCar websites and services. Maintenance or technical problems may result in them being unavailable.</p>
<p>Also, despite all efforts and safety measures, we can not 100% rule out that the use of the websites and services could cause damages, e.g. due to cyber attacks and misuse of our technical equipment by third parties. 52°North and its representatives are not liable for any damages resulting from the use of the enviroCar websites and services, unless they are the result of intent or gross negligence. In particular, but not exclusively, this concerns the following cases:
    <ul>
        <li>Damage to the vehicle, OBD adapter or smartphone.</li>
        <li>Damage caused by improper handling of the OBD adapter or operating errors by the user</li>
        <li>Damage or accidents caused by driving errors due to improper handling of OBD adapter or smartphone</li>
        <li>Costs incurred for data transmission or mobile phone usage</li>
        <li>Damage caused by errors in the software or the OBD adapter.</li>
    </ul>
</p>
<p>In the event of injury to life, limb or health, we do not exclude liability for simple negligence.</p>
<p>We do not guarantee the up-to-dateness, correctness, completeness or usability of the data and contents of the enviroCar websites and services. Any use is at your own risk.</p>
<p>52°North is not liable for third-party content that can be accessed via the enviroCar website - for example, through links to external websites. We dissociate ourselves from all content that has criminal or liability relevance or violates good customs or morals. As soon as we receive references to such content, we will remove it immediately from the enviroCar websites and services.</p>

<h2>Data Privacy</h2>
<p>52°North takes your concerns about the protection of personal data very seriously. We inform about our privacy policy for the enviroCar websites and services in the <a href="conditions.html">enviroCar Privacy Policy</a>
</p>

<h2>Contact</h2>
<p>If you have any questions or comments regarding the General Terms of Use of the enviroCar website and services, please contact us by email at <a href="mailto:envirocar@52north.org">enviroCar@52north.org</a>.</p>
<p>It is not permitted to send advertising and information materials, unless this has been expressly requested. In the case of unsolicited delivery, we reserve the right to take legal action.</p>

<h2>Special Terms of Use</h2>
<p>enviroCar is an open Citizen Science platform that enables citizens, scientists and traffic engineers to collect data from moving vehicles and use this data to answer questions about the efficiency and sustainability of traffic.</p>
<p>The enviroCar websites and services are operated by 52°North Spatial Information Research GmbH, Martin-Luther-King-Weg 24, 48155 Münster, Germany.</p>
<p>We appreciate your interest in using enviroCar and your willingness to contribute your own data to this Citizen Science Platform. The Special Terms of Use are intended to provide a clear legal and organizational framework for the use of the Services and for the provision of your driving data.</p>
<p>Confirmation of the Special Terms and confirmation of the Privacy Policy are therefore prerequisites for using the functions and content of enviroCar for which registration on the enviroCar platform is required.</p>
This concerns:
<ul>
    <li>the enviroCar Mobile App for Android Smartphones</li>
    <li>the enviroCar WebApp</li>
    <li>the personalized access to the enviroCar server</li>
</ul>

<p>The Special Terms of Use supplement the General Terms of Use, which must be observed in all applications of the enviroCar websites and services.</p>
<p>From time to time, we will update the Special Terms of Use and the Data Privacy Statement to reflect new needs and insights and to make the agreements on the use of the enviroCar website and services as clear as possible.</p>
<p>The confirmation of the Special Terms of Use and the Data Privacy Statement, as well as the consent to process and store personal data for a particular purpose will be requested during registration and later for all updated versions of these documents.</p>
<p>You can opt out of the Special Terms of Use at any time by sending an email to <a href="mailto:envirocar@52north.org">enviroCar@52north.org</a>. With the revocation, you also lose the right to use those functions and contents of the enviroCar platform that are reserved for registered users and thus bound to the confirmation of the Special Terms of Use. If you
<ol type="a">
    <li>revoke your consent to the Special Terms of Use or the Privacy Policy, or</li>
    <li>refuse to consent to a subsequent update of the Special Terms of Use or the Privacy Policy</li>
</ol>
features of enviroCar for which such consent is required will not be accessible. This is necessary because without your consent, there is no sufficient mutual agreement between us on the use of the enviroCar platform. The blocking of these functions may be lifted at any time if such an agreement is re-established (e.g. by clarifying issues or by adjusting and confirming updated terms of use).</p>
<p>

<p>You have the possibility to delete your account at any time and to choose whether, in addition to the personal account data, the driving data stored by you in the system and published under the ODbL license as Open Data should also be deleted.</p>

<h2>Setting up your personal Account</h2>
<p>You can register as an enviroCar user using the enviroCar smartphone app or the enviroCar WebApp and create your own personal account. Registration is only for natural persons, not for legal entities such as Companies, universities or other public bodies. The rights and obligations associated with the registration of your personal account may not be transferred to other persons.</p>
<p>If you use the enviroCar websites or services for any company or organization, by agreeing to these Special Terms of Use, you make a binding declaration that the company or organization you are a representing also accepts these Terms of Use.</p>
<p>The configured account allows us to give you access to your own driving data so that you can manage and analyze it.</p>
<p>When you register and use the enviroCar services, we collect and store the following account information until the account is deleted:</p>
<p>Required Fields
<ul>
    <li>Your chosen username (pseudonym)</li>
    <li>The specified email address</li>
    <li>The specified password (encrypted)</li>
</ul>
</p>
<p>Optional information
<ul>
    <li>First name, last name</li>
    <li>Country, in which you are living</li>
    <li>Gender</li>
    <li>Date of birth</li>
    <li>Preferred language for enviroCar</li>
</ul>
</p>
<p>In addition, the version numbers of the Terms of Use and of the Privacy Policy that you consented to are stored.</p>


<h2>Recording and Publication of your Driving Data</h2>
<h3>a) Recording driving data with the help of the smartphone app</h3>
<p>The enviroCar smartphone app allows you to record your driving data and publish it as open data. When recording your driving data, the smartphone collects and stores the following data:
<ul>
    <li>Date and time of measurements</li>
    <li>Measurement campaign</li>
    <li>GPS position, GPS speed, GPS direction, quality metrics (HDOP, PDOP, VDOP)</li>
    <li>Reference to the vehicle type used: vehicle manufacturer, model, year of manufacture, displacement, fuel type, mass, vehicle category</li>
    <li>Technical data from your vehicle's engine control, such as: speed, revolutions per minute, engine load, air mass flow, intake pressure, intake temperature, fuel trim, throttle position, O2 lambda parameters</li>
    <li>Resulting data, e.g.: fuel consumption, CO2 emissions, acceleration, stops and stopping durations</li>
</ul>
The data is available on your smartphone for your own analysis.</p>

<h3>b) Publication of the data using the smartphone app and analysis of the data on the enviroCar server</h3>
<p>By uploading data from the enviroCar app to the enviroCar server (option: 'Upload data as open data' or 'Upload while driving'), you agree to have your driving data published in an anonymous form as open data and that we and third parties may use it in accordance with the Open Database License (ODbL). See for more information: <a href="https://www.opendatacommons.org/licenses/odbl/summary/index.html">https://www.opendatacommons.org/licenses/odbl/summary/index.html</a></p>

<p>You help scientists and traffic planners gain important data for their work when you publish your data. At the same time, uploading it enables you to use the enviroCar platform's advanced capabilities to analyze your own data.</p>
<p>Your enviroCar account contains a reference to all the tracks you have published as Open Data. As a result, you have the opportunity to manage your own data and analyze it using the platform's resources. You can delete some or all of your driving data from the enviroCar platform at any time. You also have the option to delete your account. All driving data, which have already been downloaded by third parties as Open Data, can still be used by them in accordance with the ODbL.</p>

<h3>c) Use of the published data by third parties</h3>
<p>The data that you have uploaded to the enviroCar server (option: 'Upload driving data as open data' or 'Upload while driving') can be downloaded from there via various interfaces may be used by third parties in accordance with the Open Database License (ODbL). We permit the copying of the data, its distribution and the derivation of new data from the database.</p>
<p>When disclosing the data to third parties, you must specify where the data came from ('Source: enviroCar contributors'). Each copied, modified or supplemented version of the database must be made accessible itself in accordance with the ODbL. The ODbL’s binding text can be found <a href="https://www.opendatacommons.org/licenses/odbl/1.0/">here</a>.</p>
<p>There is no reference to your account in the driving data that you publish as open data, thus other users have no information about this relationship. Please note, it may be possible to draw conclusions about the author without this information. The data itself may contain such individual characteristics that a relationship to specific persons is obvious. For example, this is the case when a rare type of vehicle moves between a person’s living and working locations and this person is known to have this type of vehicle.To complicate such conclusions, there is an option to adjust the data recording so that it starts and ends with a minimum distance or duration from the start or destination of your journey.</p>

<h2>Deleting your account</h2>
<p>You can delete your enviroCar account at any time. If you want to delete not only the account data (see above: username, email address, ..) but also the vehicle descriptions and driving data that you have published as open data under the ODbL license, we will also remove these from the system. Please note that data that has already been downloaded by third parties as Open Data can continue to be used and processed in accordance with the ODbL.</p>
<p>After deleting your account, we will no longer be able to assign the driving data to you and to manage it accordingly.</p>

<h2>Uploading Driving Data From External Systems</h2>
<p>The enviroCar server has a technical interface (API) that makes it possible to load anonymous driving data from third-party systems as open data to the enviroCar server in accordance with ODbL.</p>
<p>The uploading of personal data (for example, names of drivers or vehicle owners, license plates or other identifiers that enable direct reference to the driver, owner or vehicle) is prohibited.</p>
<p>By acknowledging the Specific Terms of Use, you warrant that you:
    <ol type="a">
        <li>will not upload personal information to the enviroCar Server</li>
        <li>have all the rights that allow you to publish the data as open data according to ODbL</li>
        <li>exempt 52°North from all legal claims by third parties arising in connection with the uploaded data resulting from infringement of copyright or breach of personal data protection rights.</li>
    </ol>
</p>

<h2>Warranties and Liabilities</h2>
<p>The enviroCar websites and services are provided 'as is' and 'as available'. We do not guarantee the up-to-dateness, correctness, completeness or usability of the data and contents of the enviroCar websites and services.</p>
<p>There is no general entitlement to use the enviroCar websites and services. Maintenance or technical problems may result in them being unavailable.</p>
<p>52°North reserves the right to change, suspend or terminate the enviroCar websites and services or any part thereof at any time with or without notice.You understand that we do not warrant for any damages that you or any third party may incur as a result of any change, suspension or termination of any enviroCar website or service.We therefore recommend that you do not use the enviroCar platform as the sole storage location for your data and content.</p>
<p>At 52°North, we are not responsible for verifying or ensuring the quality of the data and analytics provided through the enviroCar websites and services. However, we may, at our discretion, remove data and content from the enviroCar platform at any time if we believe the quality of the data is in conflict with the objectives of the Citizen Science Platform.</p>
<p>To the extent permitted by applicable law, 52°North disclaims all warranties, including any warranties, express or implied, with respect to the operation of the platform, the quality of the data, analysis and visualizations or their suitability for a particular purpose.</p>
<p>Also, despite of all efforts and safety measures, we cannot 100% rule out that the use of the websites and services could cause damages, e.g. due to cyber attacks and misuse of our technical equipment by third parties. 52°North uses commercially reasonable measures and industry standards to ensure the safety of the enviroCar websites and services. Despite these measures, we can not guarantee that unauthorized persons can not bypass our security measures.</p>
<p>Your access to some of our websites, services and content is protected by passwords that are only accessible to you. To ensure the security of your information, you must keep your usernames and passwords strictly confidential and not disclose them to third parties. You are solely responsible for all activities accessing our websites and services using your username and password before informing us of the loss of confidentiality of your passwords. Therefore, if you become aware of a breach of the confidentiality of your password or a breach of security of the enviroCar websites or services, you must notify us immediately.</p>
<p>You represent and warrant that you will not use the enviroCar Websites and Services to violate any applicable local, national or international law. Any violations of applicable law and the provisions of the Special Terms of Use may result in the immediate blocking of your account.
<p>You warrant that you will not operate the enviroCar mobileApp iving if you drive the vehicle yourself. According to the legal regulations for the safe operation of vehicles and for your own safety this is expressly forbidden.</p>
<p>You warrant that you have collected the information you upload to the enviroCar Platform as Open Data and that publication as Open Data will not infringe any third party's privacy rights or copyrights. An example of violating such rights of third parties is when you collect driving data in a vehicle without driving the vehicle by yourself and without getting the explicit consent of the driver for publishing this data as Open Data on the enviroCar platform. In such cases, you indemnify 52°North from any third party rights and damages.</p>
<p>Furthermore, you provide your vehicle descriptions and driving data - to the fullest extent permitted by applicable law - without any express or implied warranty, including, but not limited to, warranties of fitness for a particular purpose.</p>
<p>Under no circumstances will 52°North be liable for any damages resulting from the use of the enviroCar websites and services or the data contained therein. Any use is at your own risk.</p>
<p>52°North is not liable for third-party content that can be accessed via the enviroCar website - for example, through links to external websites. We dissociate ourselves from all content which has criminal or liability relevance or violates good customs or morals. As soon as we receive references to such content, we will remove it immediately from the enviroCar websites and services.</p>

<h2>Other Provisions</h2>
<p>Should any provision of the Special Terms of Use be ineffective, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with an effective provision as closely as possible.</p>
<p>Any side agreements, changes of or amendments to the Special Terms of Use must be in written form to be valid.</p>
<p>The place of performance and jurisdiction is Münster in North Rhine-Westphalia, Germany.</p>
<p>If you have any questions or comments regarding the enviroCar websites' and services', please contact us by email: <a href="mailto:envirocar@52north.org">enviroCar@52north.org</a></p>

<h2>Last Update</h2>
<p>The Terms of Use was last updated on March 1, 2023.</p>