Your Smart Tracker is part of a subscription service which – through the combination of a tracking device, mobile app and network connectivity – keeps you in touch with your favourite things. These Terms and Conditions apply to the extent your Smart Tracker is controlled or managed through our Vodafone Smart App (also known as the V by Vodafone mobile app) (the “App”). More details of the specific services available when using the Smart Tracker are set out in section 3 below (the “Services”).
Your Smart Tracker is offered to you by [Vodafone Ltd[DMVG1] ] (“We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”). In this agreement, “you” means the person paying the monthly subscription fee for the Services; although we understand that this may or may not be the person using the Smart Tracker (the “User”). If you are not the User, you are responsible for ensuring that the User understands these terms and uses the Smart Tracker in accordance with these terms.
1. Requirements for using the Smart Tracker
1.1 In order to use the Smart Tracker you must:
a. purchase the Smart Tracker, which may be available via the Vodafone web store [(v.vodafone.com)], through approved third party retailers and in store;
b. download the App on your mobile device, sign up with your Vodafone account or register;
c. connect your Smart Tracker following the instructions set out in the App;
d. purchase and activate a subscription to the Smart Tracker (“Subscription”) via the App; and
e. complete activation and personalisation of your Smart Tracker via the App.
Please note, to ensure you can access all features and Services you will need to allow the App certain permissions on your mobile device.
1.3 Your purchase and use of the Smart Tracker may be subject to separate terms from your retailer and hardware terms included with the Smart Tracker - for example, in respect of hardware warranties and returns policies.
2. Your Subscription
2.1 You must have a valid Subscription in order to use the Smart Tracker. Subscriptions are subject to the Smart Sim terms and conditions[DMVG1] , must be activated via the App and will start when you’ve connected your Smart Tracker to the App, chosen your plan and provided valid payment details.
2.2 All charges relating to your Subscription will be shown to you in the App during the Subscription activation, and will be subject to your acceptance of the Smart Sim terms and conditions[DMVG2] . All other rights related to your Subscription, including payment methods, payment frequency, terms specific to existing and/or non-Vodafone customers, and your rights to cancel and terminate, are as set out in the Smart Sim terms and conditions.
2.3 You can link up to twenty (20) Smart Trackers to the same App account, but you will only be able to view one (1) Smart Tracker at any one time. Each Smart Tracker will require a separate Subscription.
3. Smart Tracker Services (the “Services”)
3.1 Once you have connected and activated your Smart Tracker account in the App and purchased a Subscription, you will be able to use the following Services:
3.1.1 Location: You will be able to see the location of your Smart Tracker in the App. This will be the location of the tracker at the point it last updated (see Tracking Modes, below), however, you can get an up-to-date location by pressing the refresh button. In order to try and optimise the Smart Tracker’s battery life, we use technology to understand if the tracker has or hasn’t moved, and will only update your location if and when your tracker moves. If your Smart Tracker is idle, or hasn’t moved, we’ll indicate this in the App. Location is provided using a telematics unit installed in the tracker that receives Global Positioning System (“GPS”) satellite signals. The GPS accuracy of the location may be affected by external factors, as explained below in these terms. To the extent GPS is not available, you may still be able to view the approximate location of your Smart Tracker using other tracking technologies (such as cellular, Wi-Fi or Bluetooth), but please be aware these will not be as accurate as GPS.
3.1.2 Realtime Tracking: Realtime Tracking is a Tracking Mode which, when selected, allows you to follow your Smart Tracker with greater frequency than other tracking modes. Realtime Tracking can only be used for a maximum of 15 minutes at any one time and can be stopped at any point. After 15 minutes of Realtime Tracking, your Smart Tracker will return to your previous Tracking Mode.
3.1.3 Zones: Zones are the virtual boundaries you create around a location of your choice. These can be set-up and amended in the App. If the Smart Tracker enters or leaves this area (as per your selection), you will receive a notification. Please note that Zones use the tracker’s location (as updated by the frequency of your chosen Tracking Mode), to determine whether or not it has left or entered a virtual boundary. This means any notifications may not reflect the precise moment your Smart Tracker actually left or entered a Zone.
3.1.4 Quick Alert: By pressing and holding the button on your Smart Tracker for 3 seconds, its will send its current location to the App. Quick Alerts will be sent as a push notification and can be enabled in the App under ‘Device Settings.’
3.1.5 Location History: Once you start using your Smart Tracker, you will be able to review historic locations and timestamps in the App. The historic time-period for Location History may change from time to time.
3.2 Tracking Modes: Your tracker will update its location periodically, depending on the tracking mode you have chosen. Your Smart Tracker will has a number of different tracking modes that you are able to change in the App.
3.2.1 Power Save Mode: Location updates every 2 hours.
3.2.2 Everyday Mode: Location updates every 30 minutes.
3.2.3 Performance Mode: Location updates every 5 minutes.
3.2.4 Realtime Tracking: Location updates every 3-5 seconds. Please note that Realtime Tracking can only be used for a maximum of 15 minutes at any one time, and will end automatically end after this period.
The battery life of the Smart Tracker depends on the tracking mode chosen. The more frequent your Smart Tracker updates, the quicker your battery life will reduce. In the event your Smart Tracker is unable to update its location, the App will continue to show the last known location of the tracker.
3.3 Battery: You will be able to view your tracker’s approximate battery life in the App using the battery iconography. Your Smart Tracker’s battery can last for up to 5 days in Everyday[DMVG1] Mode.
3.4 Other Features: We may add or remove services that can be used by your Smart Tracker at any time. We will tell you about any changes as far as reasonably possible (see section 9 (Variations) below).
4. Limitations of the Services
4.1 We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free. Please read the Smart Tracker Services section above to understand how each of your tracker’s services work, and any associated limitations.
4.2 We aim to provide you with the Services at all times. However, you acknowledge and agree that, the nature of the underlying mobile, GPS and other technology involved are such that the Services (or part of the Services) may not be available at all times or in particular locations, and the Services may be adversely affected by physical features beyond our control, including network overload, weather conditions, electromagnetism atmospheric conditions and other causes of interference beyond our control (e.g. failure of GPS or GSM networks or for Service maintenance reasons), or if you are using the device and/or the App in a place inadequately covered by GPS or Vodafone’s GSM networks.
4.3 Smart Trackers are dust proof and water resistant, having been tested under controlled laboratory conditions with a rating of IP67 under IEC standards. This means that your Smart Tracker is resistant to water splashing; however, it may be damaged in water immersions of more than 1 meter or for periods of longer than 30 minutes. It also does not guarantee protection from submersion in liquids other than fresh water. Please note that resistance may decrease over time with normal use. Your Smart Tracker should be cleaned with fresh water and dried with a lint free-cloth if it comes into contact with anything other than fresh water.
4.4 You acknowledge the Smart Tracker is only designed to be used in the ways advertised by us, and that if used in any other way, some Services may not be available or may not work properly. If your Smart Tracker is damaged the Services may not be available.
4.5 The Smart Tracker is designed for tracking on land and must not be connected/used when taken in aircraft. The Smart Tracker is not designed to comply with all rules and regulations around the use of connected, battery powered devices on an aircraft, and is also not designed for use in baggage stored in aircraft holds. Please check your travel providers’ luggage restrictions before you travel.
Use of the Smart Tracker may require firmware updates from time to time. These firmware updates are mandatory and, if not completed, the Services will not be available or may be adversely affected. We will notify you in the App when a mandatory firmware update is required and provide you with any instructions on how to complete the update.
5. Your responsibilities when using the Smart Tracker
5.1 You must keep to this agreement and our instructions when using the Services. You are responsible for anyone who uses your Smart Tracker.
5.2 If you are not the User, you are responsible for ensuring that the User understands how to use the Smart Tracker and is aware of the limitations of the Service as set out in this agreement.
5.3 You are responsible for maintaining the Smart Tracker battery and for completing any Smart Tracker firmware updates notified to you by us in the App. You acknowledge that the Services will not be available or may be adversely affected if the Smart Tracker has no battery or if you have not completed a firmware update.
5.4 You must not use your Smart Tracker or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities.
5.5 Quick Alerts are received by way of push notifications in your App and on your smartphone. You are responsible for monitoring the activity in your App. We will not monitor any alerts from the Smart Tracker and will not know if a User is awaiting assistance, or if any alert is false or genuine.
5.6 You acknowledge that your Smart Tracker is not an emergency service. We will not contact you or any contacts directly, or the emergency services in relation to a Quick Alert.
5.7 The Services are provided to you for your private and non-commercial use. You must not sell all or any part of the Services and you must not modify or attempt to modify the Smart Tracker in any way.
5.8 You are responsible for contacting us if you identify a defect in your Smart Tracker or the App that prevents you from using the Services.
5.9 You are responsible for informing any User that we will not be able to provide the Services if the device has no battery power or no Subscription, and of the other limitations set out in this Agreement.
If you are not the User, you are responsible for ensuring that the User has consented to using the Smart Tracker, and has consented to Vodafone tracking the location of the Smart Tracker for the purpose of providing the Services. You are responsible for informing the User that we will not be able to provide the Services if the Smart Tracker has no battery power, and of the other limitations set out in this Agreement. You must ensure that the User agrees to have any required personal information collected and used by Vodafone for the purpose of the Services.
6. Losing your mobile equipment
If your Smart Tracker or the mobile equipment on which you use the App is stolen, damaged, destroyed or lost, we do not have to give you any refund for any Subscription that you have paid for in advance to use the Services, or for the cost of the Smart Tracker or your mobile equipment. You should contact us immediately so that we can prevent further activity on your App account.
7.1 Subject to coverage, the Services are available when your Smart Tracker is located in [the British Isles[DMVG1] ] and in a number of other countries. The list of countries supporting V-Multi Tracker is subject to change. Please see the [V by Vodafone Charges Guide[DMVG2] ] for inclusive out of country use details. If you are planning on travelling or using your Smart Tracker abroad, please check the latest status of this list as it may be updated from time to time.
7.2 Even if you are able to connect to and use your Smart Tracker in countries that are not officially supported, this does not imply that all the Services will be available to you in such country or that the Services and the Smart Tracker will work as intended. We therefore recommend that you check the list of countries before you travel.
7.3 Please note that accessing and using the App on your mobile device requires an internet connection and so you may incur roaming costs depending upon your mobile tariff.
8. Suspension and ending the agreement
8.1 We can suspend, restrict or stop providing the Services (all or part of them) and/or your V by Vodafone account in the following circumstances:
8.1.1 If we believe your App, Smart Tracker or the Services are being used in a way that we do not allow under this agreement or in a way that is not allowed under the Smart Sim terms and conditions.
8.1.2 If we believe that your account or your mobile equipment or your Smart Tracker is or has been gained in an unauthorised, illegal, improper or fraudulent way.
8.1.3 If you owe us any money related to your Subscription and you do not pay this when it should have been paid and we are unable to charge you for the due amount.
8.1.4 If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the Vodafone network.
8.1.5 If you tell us that your Smart Tracker has been lost or stolen.
8.1.6 If we are permanently unable to provide the Services to you.
8.1.7 If there is a change in applicable law, regulation or other binding rule that prevents us from providing you with any the Services. In these circumstances, we may also suspend your V by Vodafone account. We will try and tell you when we suspend, restrict or end your Services, but we do not have to.
8.2 In addition to the cancellation rights listed right above, we may discontinue providing the Services at any time upon 30 days’ prior written notice to you. We will reimburse any payments we have received from you (proportionate to the period of your Subscription you have not used) as soon as reasonably possible.
8.3 You may stop using the Services at any time, but you will still be responsible for paying the Subscription unless terminated in accordance with the Smart Sim terms and conditions.
8.4 If we have to interrupt the Services for maintenance or due to a technical fault on our network, you may be entitled to a partial credit based on the number of days you are without our Services. To receive a partial credit of your Subscription, you must report to us a severe disruption which we will assess against your typical usage history.
If the Services are materially degraded for an unreasonable period of time you may be able to leave us and receive a refund of any future Fees already paid. Contact us to discuss your options.
9.1 We may add new services to the Smart Tracker and make changes to, add or withdraw any of the Services at any time.
9.2 Some new services may be made available to you as add-on options that can be purchased in addition to an ongoing Subscription (“Add-ons”).
9.3 We may also make further improvements to the App or Smart Tracker, and change or introduce new terms to this agreement at any time. If possible we will give you reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by sending a notification via the App or when you enter a new Subscription or purchase an Add-on.
9.4 We may change our charges or introduce new charges. If we increase our charges, we will give you [at least 30 days’ notice in a way which we consider is reasonable, for example by sending a notification in the App. If we believe any change in our charges will not disadvantage you, we may include it without telling you] .Any change to your Subscription will be governed by the Smart Sim terms and conditions.
9.5 By continuing to use the Smart Tracker, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to purchase your Subscription or any Add-on, or use the Services.
10. Liability and Exclusions
10.1 We will not be liable to you for any loss of income or profit, loss of use of the Services, lost business, damage to property, or missed opportunities or loss or damage that: (a) is not directly caused by us: (b) which we did not reasonably expect at the time we entered into this agreement: (c) that are caused by your failure to comply with this agreement, the separate terms and conditions that apply to the Smart Sim or the App: or (d) any reasonable instructions provided to you in the App.
10.2 We will not be liable to you if we cannot provide the Services because of something outside of our reasonable control.
10.3 Unless our negligence causes death or personal injury, our liability to you, for each claim or a series of related claims, will [not be more than the value the then current Subscription cost from the point when the liability arose or when the interruption to the Services occurred].
10.4 Except for any claim in relation to death or personal injury caused by our negligence, you have the sole right to bring a claim under this agreement
10.5 The terms of this agreement will not affect any rights which you may have as a consumer under any law and which we cannot exclude by agreeing it with you.
11. Personal Information
12.1 We may transfer this agreement to anyone else at any time provided doing so does not adversely impact your rights under this agreement. If you want to transfer your agreement with us, you can if we agree. We will not unreasonably refuse the request. If we agree, we will treat you as having accepted this agreement and being responsible for any debt connected with it.
12.2 Except as stated in section 10.4, this agreement is not intended to be for the benefit of, and will not be enforceable by, any person other than you (as the person paying the subscription fee for the Services) and us.
12.3 If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.
12.4 We will send you notices by post, voicemail, text, with the App or by email.
12.5 This agreement is governed by the laws of [England and Wales]. You or we may bring legal proceedings in a court in [England or Wales] to sort out a dispute under this agreement.
12.6 You can find additional information regarding the Smart Tracker and the App in the Smart Tracker FAQs.
12.7 Any problems using the Smart Tracker or the App with the Smart Tracker should be reported to our support team who will endeavour to help resolve the issue – please contact us on  from your Vodafone phone or [0333 3040 191 (from UK landlines or other mobiles)]. Alternatively, you may contact us by using the App or [v.vodafone.com]. If we cannot fix your issue, you may:
If you need to speak to us or have a complaint, please contact us: [From a Vodafone mobile: please call 191 From UK landlines or other mobiles: 0333 3040 191 (from UK landlines or other mobiles). Post: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN; or Website: http://www.vodafone.co.uk/vodafone-uk/forms/complaints/#]
[Vodafone Limited, The Connection, Newbury, Berkshire, RG14 2FN]
Date: [XXXX] 2020
Personal information we collect about you
Information we collect about you
The types of information we process includes;
Your name, address, mobile number or landline number, date of birth and email address;
Your account information, such as the number of products you have with us, dates of payment owed or received and the make, model and year of the vehicle you have;
Your photos or camera settings, if you want to add photos for profile setup, including the User of the device, to their respective profiles (you can revoke these permissions in your phone’s Settings);
Your credential information such as passwords, hints and similar security information used for authentication and access to accounts and services;
Your preferences for particular products or services when you tell us what they are, or we assume what they are, based on how you use the products and services;
Customer care information through your contact with us, such as a note or recording of a call you make to one of our contact centres;
Information about your mobile handset each time you use the App. For example, we may collect information on the type of mobile device that you are using and its unique device identifier (for example, the IMEI number, the device’s mobile phone number, or the MAC address of the device’s wireless network interface);
Information about your usage of the App, such as how often you use it or when you dismiss alerts; and
Your mobile handset or device location data. This can be precise where it uses Global Positioning System (GPS) data or by identifying nearby mobile phone masts and Wi-Fi hotspots and you enable location-based services or features. The device will always process location data in order for you to locate the device however, you can turn of location tracking of your mobile handset at any time.
We’ll also get information about how you use our products and services, such as:
The level of service that you receive – for example, network or service faults and other events that may affect our network services or other services;
Details of your use of our services – for example, we can see the amount of data the device is using which we can use to assess whether our data allowances are sufficient; and
We also collect anonymous analytics information on how users use the device and app in order to improve your experience and troubleshoot.
When we collect your personal information
We collect personal information when:
You first set up your device in the App and set up your profile;
You use the App and any of its features (for example, setting a geographical zone or changing tracking mode);
You subscribe to marketing; or
You contact our customer care teams.
Vodafone will process your personal data based on:
1. The performance of your contract or to enter into the contract and to take action on your requests. For example, we’ll need to process your network traffic data as part of making your device “connected” and we’ll need to process User’s payment details for your monthly billing.
2. Vodafone’s legitimate business interests, for example, fraud prevention, maintaining the security of our network and services, direct marketing, and improvement of our services. Whenever we rely on this lawful basis to process your data, we assess our business interests to make sure they do not override your rights. Additionally, in some cases you have the right to object to this processing. For more information, visit the Your Rights section of this policy.
3. Compliance with a mandatory legal obligation, including for example accounting and tax requirements, which are subject to strict internal policies (such as retention periods), procedures, and your right to restrict usage of your data, which control the scope of legal assistance to be provided; or
4. Consent you provide where Vodafone does not rely on another legal basis. Consent is always presented to you separately and you can withdraw your consent at any time.
How we use your personal information
1. To provide you with your service
We use your information for service provision and to fulfil any purchases you have made:
to help us identify you and any accounts you hold with us;
to provide you with connectivity and features for your device;
billing and customer care;
to notify you of any changes to the App or to our services that may affect you; and
2. Marketing and profiling
If you are opted into marketing and have given us permission to use your data to tailor these communications, we’ll use your interactions with this App and the data from your device to inform the sorts of marketing we should be sending you so that it’s the most relevant for you. For example, we can see whether you are getting the most out of your purchase or which products you have.
To opt out of Marketing messages or profiling:
If you no longer want to receive marketing messages from Vodafone, you can elect to opt out of all marketing communications or only selected methods (email, messaging, phone or post).
There are various ways to opt out:
Contact our customer care team via v.vodafone.com;
All our email marketing messages come with an “unsubscribe” link which you can click to unsubscribe;
Tell the adviser you no longer want to be marketed to, if you receive an outbound marketing call;
Email [firstname.lastname@example.org] for guidance.
Opting out does not mean that you won’t any longer receive service-related messages, such as messages telling you about your order status or when our Terms and Conditions change. You will still continue to receive those (unless we have indicated otherwise). You may also receive marketing via push notifications if you have not turned them off via your device settings.
3. Service improvement
We collect anonymous, de-identified or aggregated information in order to improve the service we offer to everyone.
To protect our networks and manage the volumes of calls, texts and other uses of our networks. For example, we identify peak periods of use so we can try and ensure the networks can handle the volume at those times; and
To understand how you use our networks, products and services. That way we can seek to review, develop and improve these, develop more interesting and relevant products and services, as well as personalising our products and services.
How we share your personal information
Where applicable, we share information about you with:
Companies in the Vodafone Group;
Partners, suppliers or agents involved in delivering the products and services you’ve ordered or used (for example our supplier Trackimo who help to build the product);
Companies who are engaged to perform services for, or on behalf of, Vodafone Limited, or Vodafone Group;
Credit reference, fraud-prevention or business-scoring agencies, or other credit scoring agencies;
Debt collection agencies or other debt-recovery organisations;
Law enforcement agencies, government bodies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law; or
A third party or body where such disclosure is required to satisfy any applicable law, or other legal or regulatory requirement.
International data transfers
Our customer care centres are run by Vodafone Shared Services which is based in Egypt and India.
The data accessed will only include support ticket data needed to resolve your issues. For example, your phone number or fall detection data is not transferred.
If you are a non-Vodafone customer and we need to verify your identity, we will need to transfer your data to our service provider, which is based in India.
When Vodafone sends your information to a country that is not in the EEA, we make sure that your information is properly protected. We will always ensure that there is a proper legal agreement that covers the data transfer. In addition, if the country is not considered to have laws that are equivalent to EU data protection standards then we will ask the third party to enter into a legal agreement that reflects those standards.
How long we keep your personal information for
We’ll store and process your information for as long as we have to by law or as long as we need to be able to deliver you the services you have requested. We’ll keep some personal information for a reasonable period after your contract with us has finished in case you decide to use our services again. We, or one of our partners, may contact you about Vodafone services during this time if you haven’t opted out of receiving marketing communications from us. Once these bases have expired, we’ll delete that information.
Keeping your personal information secure
We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.
Communications over the internet (such as emails) aren’t secure unless they’ve been encrypted. Your communications may go through a number of countries before being delivered, as this is the nature of the internet.
We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
We’ll never ask for your secure personal or account information by an unsolicited means of communication. You’re responsible for keeping your personal and account information secure and not sharing it with others.
Our website may provide links to third-party websites. We cannot be responsible for the security and content of such third-party websites. So make sure you read that company’s privacy and cookies policies before using or putting your personal information on their site.
The same applies to any third-party websites or content you connect to using our products and services.
You may choose to disclose your information in certain ways such as social plug-ins (including those offered by Google, Facebook, Twitter and Pinterest) or using third-party services that allow you to post reviews or other information publicly, and a third party could use that information.
Below we set out details on how you can exercise your rights. If you have a question or cannot find the answer, please contact our Customer Services team via v.vodafone.com.