EveryGate App and Site Terms and Conditions.

1. Machine to Machine Associates Ltd is a company that provides geo-location and IoT (Internet-of-Things) proximity services to various business customers using the EveryGate app and the websites m2massociates.com and www.everygate.com (collectively the “App”).
2. These terms and conditions together with the Information and Privacy Policy (IPP) set out below form the entire terms between us as a user of the App including the access by you to the Site including any restricted or password-protected area of the Site (“DashBoard”).
3. By accessing the App you consent to these terms and conditions and to the collection of and use of your personal data by means of the App in accordance with these terms and conditions and the IPP. We reserve the right to amend these terms and conditions from time to time and will publish such amended versions of the terms and conditions on the App and as an update to the App. Your use of the App after the date of your being notified of any such amended terms and conditions will constitute acceptance of such revised terms and conditions.
4. The App will be used on your device and, like all mobile apps, in order to operate will make use of your mobile data connection. You are advised to check with your GSM network operator if using the App abroad or in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications service providers in respect of the use of the App on devices connected to their network. We are not liable for any data or other charges incurred as a result of your or your IT Solutions Provider’s use of the App.
5. Save as expressly set out in here, we exclude all conditions, warranties and representations whether express or implied, statutory or otherwise in relation to your use of the App.
6. Given the inherent limitations of the internet, no warranty is given that the operation of the App will be uninterrupted and no warranty is given with respect to any third party service or infrastructure required to operate the App.
7. Nothing in these terms and conditions shall operate to exclude or limit either party’s liability for:
   1. death or personal injury caused by its negligence; or
   2. fraud;
   3. liability arising out of breach of the Data Protection Act; or
   4. any other liability which cannot be excluded or limited under applicable law.
8. All intellectual property rights in the App including without limitation trade marks remain ours. Without prejudice to any restrictions with respect to your use of the App placed on you by your IT Solutions Provider, you are not permitted to copy or make use of the App except as specifically set out in these terms and conditions and in the IPP.
9. Except as expressly set out above, we shall have no liability to individual users of the App and in the event of any concern or complaint by you with respect to the App you should refer that concern to your IT Solutions Provider.
10. In your use of the App you agree that you will adhere to the following (Acceptable Use Policy):
    • Operate the App including by accessing the App under the direction of and in accordance with all restrictions and directions of your IT Solutions Provider.
    • Only include material which you have the right to use including under all relevant intellectual property rights.
    • Not circumvent or attempt to circumvent any security protection relating to the App and including (without limitation) re-registering as a user of the App if your use of the App has previously been terminated by us for breach.
    • Keep your passwords and any material you use to access the App including any limited part of the App such as the DashBoard confidential
    • Be accurate and not misleading.
    • Not breach, in any way, the Data Protection Act or any other applicable local, national or international law or regulations.
    • Without limitation to the previous point, you will not use the App to process any other person’s personal data unless you have their express consent to do so.
    • (Without prejudice to the foregoing) not be discriminatory (whether on the grounds of race, sex, sexuality, disability, marital or family status or on any other protected status grounds) or in our reasonable opinion do anything which might constitute biased or hate speech.
    • Not be defamatory.
    • Not, in our reasonable opinion, be offensive, harassing or abusive.
    • Not use the App in ways which are unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect.
    • Not use the App in ways which for the purpose of harming or attempting to harm minors in any way.
    • Not upload anything to the App which contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • Inform us as soon as reasonably practicable if you become aware that you are or may be in breach of any of the above points and comply with our reasonable directions with respect to remedying the situation.
11. We may terminate our provision of the App to users generally at any time by 30 days notice published on the App and, if practicable, by notice given by email to users of the App. We will also terminate your use of the App if our agreement with your IT Solutions Provider terminates. In addition, we reserve the right to terminate the App by immediate notice given by email in the event of any breach by you or by your IT Solutions Provider or by other Users for whom your IT Solutions Provider is responsible of these terms and conditions which in our reasonable opinion is incapable of remedy. We may suspend the use of the App at any time for operational reasons. You may only terminate your use of the App where and in the circumstances permitted by your IT Solutions Provider. Our supplying and supporting the App depends on our own terms of business with Google and other third party infrastructure providers and if such terms change so that we are no longer able to offer the App we will terminate our provision to users generally without liability. We will use reasonable efforts to give as much notice as practicable if we are required to terminate the App on this basis.
12. Any complaint or concern about the operation of the App should be raised with your IT Solutions Provider and will be dealt with in accordance with the provisions of our agreement with your Fleet Customer.
13. The courts of England and Wales will have jurisdiction with respect to any dispute arising under or by reference to these terms and conditions.
14. These terms and conditions will be governed by the laws of England and Wales.

Information and Privacy Policy (IPP)

Once EveryGate app is installed in your mobile device it starts acquiring geo-location, proximity and sensor data from your device. The EveryGate App forwards all the above mentioned data to the servers of your IT Solutions Provider. Everygate system behaves as a transparent proxy to deliver the information collected by your mobile devices to your custom application without reading, storing or altering data by any means. The sole manager and responsible for the above mentioned data is your IT Solutions Provider. Thus, you are advised to ask your IT Solutions Provider for their own Information and Privacy Policy.

For Demonstration and Evaluation purposes, the EveryGate app may be set to forward the acquired data to our servers. This should not be the case if your solution provider has prompt you to download the EveryGate App.

However, if you are an IT-solution provider or any other user who needs to evaluate the EveryGate App you accept that the information which you provide to us by means of the App will be used to provide feedback to our engineers for application enhancement purposes. If you wish to cease to have your information used for these purposes, then delete the app. If you wish all your historical data deleted then please request this via support@m2massociates.com.

You will not be able to activate the App unless you signify agreement to this IPP. We reserve the right to amend this IPP from time to time and will publish such amended versions of the IPP on the App and as an update to the App. Your use of the App after the date of your being notified of any such IPP will constitute acceptance of such revised IPP.

Machine to Machine Associates Ltd (“we” or “us”) uses data and information in accordance with this policy and for the purposes supplied/authorised by you. Privacy settings can be adjusted by modifying the settings of the mobile phone so you can limit the amount of information supplied to us.

We reserve the right to disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else who could be harmed by such activities. We also reserve the right to disclose user information when we believe in good faith that the law or any relevant regulatory body requires it including where required by any order or rule of any court.

We reserve the right to use and disclose aggregated data which does not identify individuals for statistical and business analysis purposes.
An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers automatically identify your computer by its IP address. On occasions, we collect IP addresses for the purposes of system administration, to analyse aggregate information, and to audit the use and avoid the abuse of our App.

Cookies are pieces of information that a web site transfers to an individual’s hard drive for record-keeping purposes. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of our App may not function properly or may be considerably slower if you refuse cookies.

Cookies make web-surfing easier for you by saving your preferences while you are using our App. The use of cookies is an industry standard – you will find them at most major web sites.

By showing how and when visitors use our site, cookies help us see which areas are popular and which are not. Many improvements and updates to the App are based on such data as total number of visitors and pages viewed and this information is most easily tracked with cookies. We use cookies to better understand and improve areas that our users find valuable. While both of these activities depend on the use of a “cookie”, visitors to our web site always have the option of disabling cookies via their browser preferences. If you are unsure how to manage cookies please see www.allaboutcookies.org
We use GIFS and similar tools. A clear GIF (Graphics Interchange Format) or pixel tag (also known as a ‘Web beacon’) is a line of code placed on some of our web pages and in e-mails which, in a similar way to our use of cookies above, allow us to analyse the specific usage patterns of visitors. All data derived from the use of such technology is anonymised and does not gather or pass personal data outside the App.

We may acquire information about individuals from other sources and add such information to our house files for the same purposes as for information generally.

You should be aware that when you are using the App, you could be directed to other sites that are beyond our control. There are links to other sites from our App that take you outside our service. These other sites may send their own cookies to users, collect data or solicit personal information. The privacy policies of these other sites may significantly differ from ours. We are not responsible for the privacy practices of any other sites and cannot guarantee the security of any of your personal information collected there.
Protecting the security of all personally-identifiable information associated with our visitors is of the utmost concern to us. Once we receive your transmission, we will take all reasonable precautions to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, whilst we take all reasonable steps to ensure the security of our users’ personal information and maintain their privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of such personal information.

You have the right to request information regarding any personal information we hold about you. To make a Subject Access Request please write to us giving your full name, address and a telephone number at: info@m2massociates.com.

On receipt of the required information, the Compliance Manager shall respond to the stated address by first-class post in accordance with the Data Protection Act. A copy of the record and covering letter shall be kept on file and scanned into the system.