Annex 6 - Mobility for Concierge Additional Terms and Conditions
These Mobility for Concierge Additional Terms and Conditions (“Additional Mobility for Concierge Terms”) set forth the terms and conditions that apply to Partner using the Mobility for Concierge. These Additional Mobility for Concierge Terms are an integral part of the (i) HERE Mobility Master Terms and Conditions (and all their respective referenced and attached Annexes, Schedules or Exhibits), or (ii) HERE Mobility Products - Partner Terms of Service (and all their respective referenced and attached Annexes, Schedules or Exhibits) (each and as applicable, the “Terms”). The term “Agreement” as used herein means (a) the HERE Mobility License Agreement including its applicable Terms, and the Data Protection Addendum (“DPA”), or (b) HERE Mobility Products - Partner Terms of Service and the DPA. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement and the DPA. In the event of any conflict between the terms of these Additional Mobility for Concierge Terms and the Agreement, the terms of these Additional Mobility for Concierge Terms shall prevail and take precedence and modify those terms of the Agreement.
In consideration for the rights and licenses granted to Partner under the Agreement and hereunder, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to these Additional Mobility for Concierge as set forth below.
A. Additional Definitions.
The following definition shall be added to Exhibit A (“Definitions”) of the Terms:
(1) “Mobility for Concierge” means a webpage provided by HERE that allows a Partner Personnel to access, use and manage the Mobility Services for or on behalf of a Consumer, and may include, without limitation, HERE trademarks, dashboards, dynamic elements, icons, drop down menus, fields, content, Consumer Data, and the Ride Tracker. The Mobility for Concierge is licensed as a single unit and its component parts may not be separated for individual use.
(2) “Mobility for Concierge Terminal” means Partner’s existing, owned and operated computer or internet terminal, which enables Partner Personnel to directly interact with the Mobility Services on behalf of a Consumer.
B. Additional Mobility Products Terms.
The following terms and conditions shall be added to Section 1 (“Additional Provision and Use of The Mobility Products Terms”) of the Terms:
(1) Customization. Partner acknowledges that the inclusion of Partner Materials such as Partner’s logo and brand colors, as part of the Mobility for Concierge, may require customization of the Mobility for Concierge via the Account. Subject to the parties’ mutual agreement, HERE may provide Partner with assistance in any such customization. Partner acknowledges and agrees that making the Mobility for Concierge as customized with the Partner Materials available to the public via the Partner Materials, constitutes Partner’s acceptance and confirmation of any such customization (whether made by HERE or otherwise).
C. Additional Data Terms and Conditions.
The following terms and conditions shall be added to Section 3 (“Data”) of the Terms and to the DPA:
(1) While using the Mobility Products, Partner Account Data, certain Partner Personnel Data and Consumer Data shall be made available to HERE. Partner hereby grants HERE a royalty-free, fully-paid, irrevocable, non-exclusive license to use, process, display, copy and store such Partner Account Data, Partner Personnel Data and Customer Data in order to (i) provide the Mobility Products to Partner; and (ii) administer and make improvements to the Mobility Products.
(2) The parties agree that the subject matter, nature and purpose of the processing of Data is the provision of Mobility Services and/or access to the Mobility Services in accordance with the Agreement.
(3) The types of Personal Data being processed, and the categories of Data Subjects are related to Partner Account Data, Partner Personnel Data, and Consumer Data.