Otonomo Marketplace Privacy and Security Statement
This Privacy and Security Statement (“Statement”) governs the processing of Personal Information on otonomo’s cloud-based marketplace for vehicles-generated data (“Marketplace”). The Statement is incorporated by reference to otonomo’s agreements with the Marketplace partners (“Agreements”), and reflects their commitment to process Personal Information lawfully and fairly.
If there is any conflict between the Statement and the Agreement, the terms of the Statement will prevail.
Terms and definitionsIn the course of using the Marketplace, otonomo and Marketplace Partners (together: the “Parties“) Process Personal Information. This Statement reflects the Parties’ agreement to comply with the following provisions, with regard to the processing of Personal Information on the Marketplace and to use means, measures, procedures and good-faith efforts for this purpose.
DEFINITIONSThe terms used in this Statement will have the meanings set forth below. Capitalized terms not otherwise defined in this Statement will have the meaning as set forth in the Agreement. The terms used in this Statement will have the meanings set forth below. Capitalized terms not otherwise defined in this Statement will have the meaning as set forth in the Agreement.
- “Agreement” means an agreement between otonomo and a Marketplace Partner.
- “Affiliate” means any legal entity directly or indirectly controlling, controlled by or under common control with a party to the Agreement, where “control” means the ownership of a majority share of the voting stock, equity or voting interests of such entity.
- “Controller” means otonomo or Marketplace Partner.
- “Controller to Controller SCCs” means the Standard Contractual Clauses (Controller to Controller Transfers – Set II) in the Annex to the European Commission Decision of December 27, 2004, as may be amended or replaced from time to time by the European Commission.
- “Controller to Processor SCCs” means the Standard Contractual Clauses (Processors) in the Annex to the European Commission Decision of February 5, 2010, as may be amended or replaced from time to time by the European Commission.
- “Data Provider” – a Marketplace Partner who provides data to the Marketplace pursuant to the terms of the Agreement.
- “Data Customer” – a Marketplace Partner who receives from, or granted access to data available through the Marketplace pursuant to the terms of the Agreement.
- “Individual” means a natural person to whom Personal Information relates, also referred to as “Data Subject” pursuant to EU data protection Laws and regulations.
- “Marketplace” means otonomo’s cloud-based vehicle-generated data exchange platform.
- “Marketplace Partner” means as applicable – a vehicle-data provider, a vehicle-data customer, their Affiliates and other third parties who may access and use the Marketplace.
- “Member State” means a country that is member of the European Union or the European Economic Area.
- “otonomo” – otonomo Inc., otonomo Technologies Ltd. and their Affiliates.
- “Personal Information” means information about an identified or identifiable Individual, also referred to as ‘personal data’ under EU data protection laws and regulations, which is provided, consumed or otherwise processed in the course of the Marketplace activities.
- “Personnel” means the employees, agents, consultants and contractors of Marketplace Partners and Marketplace Partners’ Affiliates.
- “Privacy Laws and Regulations” means US federal and state privacy laws and regulations, data protection laws and regulations of the European Union, including Regulation (EU) 2016/679 (“GDPR”) and Israeli privacy laws and regulations, and applicable data protection and privacy laws of other territories, all as applicable to the Processing of Personal Information under the Agreement.
- “Process” or “Processing” means any operation or set of operations which are performed on Personal Information, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.