Legal notice

Terms and Conditions

1. General

1.1. These Terms of Use (“Terms”) applies when Most Tech Sweden AB, reg. no. 559232-3462, address BOX 4001, 182 04, Enebyberg, Sweden, (“MOST”) supplies the MOST website www.most.tech (the “Website”) and the Service , as defined below, to you who use the web.-based data insights service (“You”).

1.2. MOST has developed a technical solutions for monitoring of cargo and locations. MOST has an agreement regarding supply of this technical solution with a party interested in supply chain management (“Principal”).

1.3. The Service is a web-based service upon which MOST presents real-time information on conditions of cargo that is transported across the globe or data from a fixed location (the “Service”). For example, a user of the Service may obtain information concerning including, but not limited to, real-time geographical location, temperature, humidity, light or shock of specifically appointed cargo (”Data”). Users can also create compilations of the information that is presented in the Service.

1.4. The Principal grants and allocates access to the Service to You in its sole discretion via their internal administration.

1.5. In order to be eligible to use the Service You must be at least 18 years of age, have been invited to access the Service by a Principal, complete the registration of a user account and accept these Terms and our User Privacy Policy available at https://most.tech/legal-notice/ 

1.6. By creating an account and by using the Service You hereby acknowledge and agree to these Terms.

1.7. The purchase of MOST devices is governed by a separate agreement.

  1. User Account

2.1. In order to use the Service, You will have to create a user account. You may create a user account once you have received an e-mail from MOST with an invitation to start using the Service including a link to the Website where you register a new user account.

2.2. The registration process includes your name, submitting your e-mail address and choosing a password and name of the Principal. You may thereafter sign into your user account for the Service to access your Data.

2.3. You agree that all registration information that You provide is accurate and up to date. In our sole discretion, we may refuse to grant You a username that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.

2.4. The use of personal information You supply or communicate to the Service will be processed in compliance with MOST’s User Privacy Policy.

2.5. The MOST name and logo are pending trademarks of MOST, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MOST.

  1. Access to the Service

3.1. The Service is provided to You free of charge for the period of time that your Principal has decided.

3.2. The Service includes access to Data, functions and features on the Webpage, in accordance with instructions from the Principal to MOST. If You have inadequate or in other way insufficient or wrong type of access, please contact your Principal for service request.

3.3. MOST may also provide users with new, additional services or features to the Service. Such new services or features can be associated with particular conditions. If this is the case, MOST will present these conditions on the Webpage and, should it be required by substantive law, request your consent. If the user wants to activate the new service user must accept the special conditions applicable to that service.

3.4. You acknowledge that your user account and password are individual and private information and agree not to share this information with other people or companies. You are solely responsible to keep your password to yourself.

  1. Rights of the Service & Data

4.1. The Website and the Service is protected by copyright law, trademark law, other intellectual property law and other regulations under Swedish law, and the law of other countries. You herby confirm and consent to that the Website and the Service with all their intellectual property rights, including Data, belong to MOST, or any of MOST’s licensees or licensors, exclusively. You may not delete, change, distribute or distort any type of copyright- trademark or other intellectual property right that is available on or in connection to the Service and the Website.

4.2. MOST is free to use any feedback, comments, or suggestions the user may send, or otherwise provide to MOST, concerning the Service and the Website, and use it to improve the Service and Website, or otherwise how MOST sees fit, without any obligation of specific compensation or other obligation to the user.

4.3. MOST does not claim ownership of any user generated content uploaded on or to the Service.

4.4. You may not claim ownership of Data found in, or distributed via, the Service.

4.5. You own all customer-specific data that identify You or your authorized users, which it generates when using the Service such as profile data and other Customer Specific Usage Data (“Usage Data”). MOST shall anonymize and provide Usage Data to You under this section.

4.6 MOST owns all rights to data on how the Services work and are used. That data includes, but are not limited to, availability, response times, number of transactions and calls in the system, click data, visitor or session data (“System Data”), as well as Usage Data in aggregated and anonymized form.

4.7 All Customer Specific Usage Data and Customer Specific System Data shall constitute Confidential Information.

4.8 With this You grant to MOST a perpetual, non-exclusive license to use Usage Data to make analyzes and studies to improve the user experience of the Service and to gain insight into local needs and conditions and thereby further develop the Service.

4.9 MOST shall anonymize and save Usage Data by the guidelines and regulations of the GDPR to ensure that customer-specific Usage data can be kept and utilized in the long term.

4.10 You have free access to the anonymized Usage Data through MOST’s web administration interface and the opportunity to request customized reports. To avoid any misunderstanding, You have access to operational Usage Data generated in the Service through the web management interface initially provided by MOST for user administration. User statistics will also be presented in a purpose-designed dashboard.

4.11 You shall pay for all customized reports, searches and analyzes of anonymized Usage Data to MOST for the elapsed time, according to the hourly rates stated in the applicable price list at any given time.

  1. Permitted Use

5.1. You are permitted access to the Service in order for You to access Data in accordance with what has been decided and approved by your Principal.

5.2. You are not permitted to reproduce, copy, modify, distribute, sell, trade, resell or exploit the Service provided by MOST. For the intended use, You can extract, download, copy and save information from the Service. You cannot unduly exploit MOST or otherwise abuse the Service.

5.3. You are responsible for, and hereby warrant that:

(a) You have the sole responsibility for any messages, notes and other content You upload, publish or display to users of the Service;

  1. b) The content that You upload to the Service (including any messages to other users of the Service) does not infringe on someone else’s rights or otherwise conflict with the law or the rights of others.
  2. c) You have the right to dispose of your external credentials and content, and that You have obtained the requisite consents to the extent required to use the Service and for MOST to have the right to provide You with its Services.
  3. d) You will not use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  4. e) You are not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional material, “junk mail”, “spam”, chain letter”, “pyramid schemes” or any other form of solicitation.

5.4. You are responsible for all data charges, or phone service provider charges that You incur through the use of the Service, including extraction of reports and short text notification services, other than such charges already included in the price of the Service.

  1. Confidentiality

6.1. The Data distributed and displayed via the Service is confidential information (”Confidential Information”). 

6.2. Confidential Information does not include information that:

(i) is, or becomes, known to the general public; 

(ii) You already have in your possession prior to disclosure; or 

(iii) is independently developed by You without the use of Confidential Information shall not be considered Confidential Information.

6.3. You understand and agree to keep and procure to be kept secret all Confidential Information. You shall not 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.

6.4. 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 these Terms, as required by mandatory applicable law or regulations of administrative bodies or to the extent required by the rules of any relevant stock exchange.

  1. Breach of Contract & Limitation of Liability

7.1. MOST has the right at any time to cancel a user account and close an account if the user violates these Terms or otherwise use the Service in a way that may cause MOST, the Principal or third parties any harm. MOST may also cancel and/or delimit your user account upon request by your Principal.

7.2. MOST intends that all information in the Service is accurate and as up to date as possible. MOST cannot guarantee the availability of the Service or the reliability or accuracy of the information that is presented in the Service or the Website. MOST cannot be held accountable if the Service is inaccessible or if any information or functionality does not work as expected, including but not limited to, data loss.

7.3. MOST is under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to: 

(i) the Service or the Website; 

(ii) use and interpretation of Data, 

(iii) the content and user generated content of the Service and the Website; 

(iv) your use of, or inability to use or the performance of the Service, 

(v) any loss of Data; or 

(vi) any action taken in connection with copyright or other intellectual property owners.

  1. Third-Party Webpages

8.1. In order to provide You with a user-friendly Service, we use services from third parties for e.g. to host the Service internal communication, analysis of user data, customer support and payments. Please note that any information that You enter on a third-party website (either integrated with the Service or accessible via digital or otherwise online redirection), will be shared with the owner of that third party. Your information may be subject to the privacy policies as well as the terms of use of such third-party sites.

  1. Force Majeure

9.1. A Party is not responsible for any delay or loss due to circumstances that the party has no control of, and which significantly hamper the fulfilment of the obligation in question, or that causes the fulfilment of the obligation not to be economically justifiable.

  1. Modification of the Terms

10.1. MOST has the right at any time to change or modify the Service, change the Terms or to stop providing the Service. MOST shall give reasonable notice to the user when changing conditions. Any updated Terms shall enter into force when published on MOST website. If You do not accept the amended terms, You have the right to terminate the agreement with MOST before the amended terms become effective.

  1. Terminate an Account

11.1. You may at any time terminate your use of the Service by selecting the “Deactivate Account” or similar function in the Service or by contacting MOST by other means, such as e.g. e-mail.

11.2. Upon termination, MOST will delete the user account and your log-in information.11.3. Data will be deleted 24 months after the transport to which the Data is attributable has reached its destination.

  1. Indemnity

12.1. You will indemnify and hold MOST (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. 

  1. Applicable Law & Dispute Resolution

13.5. These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.

13.6. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

13.7. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.

  1. Miscellaneous

14.1. MOST has the right to assign its rights and obligations under these Terms to any third party. Furthermore, MOST has the right to subcontract the performance of our duties under this agreement.

14.2. If the ownership of MOST’s business changes, MOST may transfer Your information, subscription and user account to another legal entity so that they can continue to provide You with the Service. This new legal entity that will hold your information, subscription and user account will still have to honor the commitments MOST and You have made in these Terms and in the Privacy Policy.

14.3. 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.

14.4. You acknowledge and agree to that no agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created between You and MOST by these Terms.

User Privacy Policy

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 www.most.tech.com (the “Website”) and the Service, as defined in MOST’s Terms of Use (the “Service”), see link https://most.tech/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 contact@most.tech

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 www.most.tech (the “Website”) and the Service, as defined in MOST’s Terms of Use (the “Service”), see link https://most.tech/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://most.tech/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 contact@most.tech

 

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 contact@most.tech. 

 

  • 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 contact@most.tech.

 

 

  • 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 contact@most.tech. 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

contact@most.tech