General Conditions and Privacy Policy Olympus app

Version 1.6.0 of 28 February 2024

Amendments compared to previous version:

Amendments concerning privacy

These User Terms and Conditions apply to all use of the Olympus App, which is managed and operated by the public limited liability company OLYMPUS MOBILITY (hereinafter also referred to as ‘we’ or ‘us’), located at Rue Thérésienne 7/A, 1000 Brussels, registered with the Crossroads Bank for Enterprises (Central Database of Enterprise) under number 0638.809.930.

These User Terms and Conditions also serve as general contract terms for Direct Users of both the Olympus App and the Third Party Apps.

  1. Definitions

Olympus App: the mobile app developed by us which enables Users to access the Mobility Services offering.

Third Party Apps: mobile apps provided by third parties, through which we offer or propose the Mobility Services to Direct Users and whereby the Direct Users’ access to the app itself is managed and regulated purely by the third party in question. E.g. banking apps.

Users: the Direct Users and Indirect Users. They buy the Mobility Services from us. Users are in general also referred to hereinafter as ‘you’ or ‘your’. A User may  combine the capacity of Direct User and the capacity of Indirect User.

Direct User: any User who – via an intermediary or otherwise – enters into a direct contractual relationship with us to purchase Mobility Services via the Olympus App of via Third Party Apps.

Indirect User: any User who enjoys a contractual relationship (such as: an employment contract, independent cooperation, mandate,…) with a Business Client (the Employer) and is hence duly permitted to use the Olympus App and to purchase Mobility Services.

The acceptance of these Terms of Use gives rise to a direct contractual relationship between the Indirect User and Olympus Mobility solely with regard to those matters  regulated herein that give rise to a direct interaction between Olympus Mobility and the User.

Family Members: Users who were admitted by existing (Direct or Indirect) Users in a regular manner to use the Olympus App and to purchase Mobility Services under his or her Mobility Budget and/or Private Budget.

Business Client:  an Enterprise (i.e. anyone who is not a Consumer as meant by the Belgian Economic Code) who enters into a contractual relationship with us or with another Business Client in order to acquire Mobility Services via us and/or to gain or provide access to the Olympus App for one or more of the following categories of person:

– for Indirect Users with whom they are in a contractual relationship (for them this Business Client applies as the Employer);

– for other Business Clients with whom they enjoy a contractual relationship;

The Business Client – natural person – who purchases Mobility Services from us in his own name and for his own account is considered to be a Direct User.

Business Budget: General budget for the acquisition of Mobility Services at the Business Client level.

Mobility Budget: Budget at the level of the Indirect User for the purchase of Mobility Services, provided by the Business Client, which the User is associated with.

Private Budget: A budget personally loaded by the Direct User for the purchase of Mobility Services under the personal responsibility of this Direct User and in a direct contractual relationship with us, not via a Business Client.

Mobility Resource Provider (‘MRP’): the party that markets the Mobility Services (for example, Cambio, NMBS, De Lijn and with which Olympus Mobility enjoys a contractual relationship with a view to offering these Mobility Services via the Olympus App, via Third Party Apps or directly to Users, but with the option of allocation to a budget (in the latter case the MRP is also further referred to as the Olympus Linkr).

Mobility Service: a good or service relating to mobility, which is offered via the Olympus App and/or Third Party Apps, and which is provided by an MRP and which can consist of one or more of the following: public sale, parking services, rental or lending of transport, use of charging infrastructure, purchase of fuel, or other goods or services relating to mobility, which Olympus Mobility chooses to add to these.

Token: a physical object that can provide a User with access to particular Mobility Services and that falls under the responsibility of third parties. Examples include a fuel card or the Mobib Card.

Employer: the Business Client who acts with us in a contractual relationship for providing access via us to the Olympus App for Indirect Users, with whom they are in a contractual relationship. The Employer provides this Indirect User with a Mobility Budget on the basis of a personal Business Budget. The contractual relationship between the Employer and the Indirect User is not necessarily an employment contract, this can also be independent cooperation or a mandate or another form of contractual relationship.

  1. Application

These User Terms and Conditions apply to anyone who uses the Olympus App, the Third Party Apps and the Mobility Services provided through us.

For the purposes of this article, ‘use’ also includes the simple consultation of the Olympus App and downloading the Olympus App.

These User Terms and Conditions serve as general contract terms for the Users, who consent to them before they are able to make use of the Olympus App, the Third Party Apps and the Mobility Services.

  1. Disclosure of personal information

Creation of a User requires a number of personal details to be communicated. The User will ensure that these are accurate at all times. Communicating any changes is the personal responsibility of every User, either by doing this personally in the Olympus App or Third Party App, or for the Users for whom this is not possible, by supplying said details  to the person  who gave  them access (Business Client or other User).

Business Clients will ensure that their own details and those of the Users to whom they provide access are accurate at all times.

Users and Business Clients may be asked at a later date to provide additional details, to the extent that these are necessary or useful to improving or extending the existing service .

To the extent we are required either to verify previously provided details or to request additional details regarding a User or Business Client, either  for pressing reasons or reasons of great importance (example: the detection of fraud, the investigation of incidents, or court order), the Users and Business Clients undertake to cooperate fully and without delay.

Personal details will be processed by us in accordance with the privacy policy set out elsewhere in these User Terms and Conditions.

  1. Loading budget

A budget can be loaded per User that can be utilised via the Olympus App to obtain Mobility Services or to get this repaid. In the case of Indirect Users, this is the responsibility of the Employer (Mobility Budget). In the case of Direct Users, this is their personal responsibility (Private Budget).

Family Members fall under the budget of the User who provided access to them. A User can invite other natural persons (no Enterprises) via the Olympus App for purchasing Mobility Services on the Mobility Budget provided to him by the Employer, or on his Private Budget. The User accordingly invited is a Family Member, associated with the User who provided him with access. The Family Member will receive a login via email and PIN codes by text for access to the Olympus App, they must approve these General Terms and Conditions and subsequently can purchase Mobility Services on the budget of the User who provided access to him or her. A Family Member cannot on his or her part invite other persons: this right is reserved for the Direct Users and the Indirect Users, the latter provided that they have permission from their Employer.

The Indirect User has the possibility to also load a Private Budget separate from the Mobility Budget acquired via the Employer. With regard to this Private Budget the User in question will be a Direct User in that case. This contractual relationship will be in existence directly with Olympus Mobility and will be dealt with separately from the indirect relationship that existed earlier via the Employer. The Employer in question will not acquire any information regarding the Private Budget, or the purchases made with this.

No invoices will be generated for the Private Budget loaded by Direct Users or for the Mobility Services they use, unless they are Business Clients. Invoices will only be written out for Business Clients subject to  the terms of the contracts agreed with them.

Any loading by a User will be subject to transaction costs per loading. These transaction costs are stated in the Olympus App. A User must state in the Olympus App a minimum amount per load and can load a budget not exceeding 150 Euro. A Maestro bank card or a MasterCard can be used for this loading. The User will be obliged to always provide a sufficient budget. Tthe Private Budget loaded by the Direct User will be refunded to the Direct User on termination of the agreement at the end of the second month following the month in which the agreement was terminated. Olympus Mobility applies this period purely to allow for any additional costs that might be registered on the Direct User’s part in the period following termination. No interest will be paid on any amount to be refunded. Refund does not imply the waiver of any right of action.

Olympus Mobility will assist Direct Users in the event of problems with the use of the system for online payment and is the party to be contacted in the event of questions in this regard (e.g. concerning chargebacks, complaints of any nature, cancellations and refunds). Contact is also possible via the e-mail address support@olympus-mobility.com.

  1. Services offered

Olympus Mobility makes the Olympus App available to the Users. The Olympus App, whether or not in combination with a Token, provides access to the Mobility Services listed as available in the Olympus App. It is required for a number of Mobility Services that the Users personally become a client of the MRP, they can directly purchase these Mobility Services from the MRP (see further: Olympus Linkr).

The range of Mobility Services may vary for reasons beyond Olympus Mobility’s control. The User acknowledges that changes of this nature cannot be grounds for adjustment or termination of other commitments under this agreement.

To the extent that Mobility Services offered concern goods, the following in particular applies:

  • The risk is transferred  upon delivery, the right of ownership is transferred only upon payment in full;
  • The payment to Olympus Mobility will entail discharge for the goods in question.

In the event of technical difficulties with the Olympus App, the User may contact us via e-mail at support@olympus-mobility.com.

  1. Use of Third Party Apps

The User or the Business Client who uses the Mobility Services via a Third Party App accepts these User Terms and Conditions by the mere act of use. We only intervene in this instance with respect to the ordering of the Mobility Services themselves. Processing of the payment occurs with the Third Party App itself and falls under the responsibility of the financial service provider specified in the Third Party App. The payment will be made to Olympus Mobility and will entail discharge for the purchase of the Mobility Services in question. The right of ownership of the goods transfers on payment in full, the risk transfers on delivery.

The Direct User or the Business Client remains at all times personally liable for the payment of the order in respect of Olympus Mobility.

  1. Olympus Linkr

For Indirect Users the offer of Mobility Services in the Olympus App can also include Mobility Services for which this User must become a direct client of the MRP, provided that this takes place with agreement from the Employer involved. This type of MRP is referred to as the Olympus Linkr.

The User gets an explanation and instructions in the Olympus App regarding how to personally become a client of the Olympus Linkr, including the rule that use must be made of a user name/contact details that refer to the User personally: name.surname@olym.app, and furthermore the User’s own name and payment details.

The User will purchase the Mobility Services of the Olympus Linkr in his or her own name, on his or her own account and under his or her personal responsibility and will personally pay all amounts owed to the Olympus Linkr.

Via the user name name.surname@olym.app the Olympus Linkr will send an order confirmation by email to Olympus Mobility for each Mobility Service purchased by the User. Olympus Mobility forwards all messages received by this user name by email to the User. By means of becoming a client of the Olympus Linkr using the user name/contact details name.surname@olym.app the User accepts that Olympus Mobility obtains knowledge of all these messages. The User will not use name.surname@olym.app for any other purpose.

The User will receive a push message when an order confirmation of an Olympus Linkr has been received, with the question to allocate this issue:

  • To his or her Mobility Budget, if the issue is at the expense of his or her Employer;
  • As being private if the issue is not at the expense of his or her Employer.

If the User does not allocate the issue or does not allocate this within 5 calendar days, it will be regarded as private.

The issues that are allocated as to be debited from the User’s Mobility Budget will be repaid by Olympus Mobility to the User, subject to the condition that there is sufficient available credit on the Mobility Budget in question. The User must for this purpose have stated his or her IBAN account number to Olympus Mobility.

The allocation by the User will be in good faith and under his or her personal responsibility. Olympus Mobility does not accept any responsibility whatsoever for an incorrect allocation and retains the right to suspend or terminate every use by the User of the OSP and the services of Olympus Mobility, as provided for in the ‘Duration’ article in the event of suspicion of incorrect allocation.

If the User no longer wishes to use the option of allocating Mobility Services of a Olympus Linkr to his or her Mobility Budget, or if the User no longer has access to the OSP or the Olympus App, the User will do everything necessary to change the user name/contact details name.surname@olym.app at the Olympus Linkr, or to generate a new account so that the messages from the Olympus Linkr no longer go to Olympus Mobility. Olympus Mobility rejects any liability if this is not complied with and if messages are not or no longer forwarded from the Olympus Linkr.

  1. Indirect Sales Agreement with SNCB for Business Clients.

Business Clients who want to be able to order train tickets via the Olympus App or provide Users with that right need to sign an Indirect Sales Agreement with the SNCB.

For more information in this regard, the Business Client should contact one of our partners (listed on our website) or e-mail us at info@olympus-mobility.com.

  1. Right of withdrawal for consumers from distance contracts

Indirect Users may not avail themselves of the legal right of withdrawal since they are not purchasing Mobility Services in that capacity through a direct contractual relationship with us on their own account for purposes outside their trade, business or profession.

Direct Users and as appropriate the Family Members may not avail themselves of the legal right of withdrawal when purchasing Mobility Services since the right of withdrawal does not apply to this on the basis of the following legal exceptions depending on the case.

  • the delivery of goods that after delivery are by their nature irrevocably mixed with other products (in particular fuel – see Article VI.53,6° of the Belgian Code of Economic Law).
  • the making available of transport service for which a specific date or period of execution is foreseen (see Article VI.53,12° of the Belgian Code of Economic Law).

Direct Users may avail themselves of the right of withdrawal for consumers in respect of the agreement they conclude regarding the right to use the Olympus App, since the agreement was concluded at a distance.

The Direct User in question has the right in this regard to withdraw from the agreement within 14 days of entering into it, without explanation, provided that we are notified of this within the specified term. This can be done straightforwardly by cancelling the agreement within the Olympus App using the provided function, following which confirmation will be sent by e-mail. Alternatively, this Direct User may also use the following, legally provided, standard form:

– To Olympus Mobility NV/SA, Rue Thérésienne 7/A – 1000 Brussels or via info@olympus-mobility.com:

– I/We (*) hereby inform you that I/we(*) am/are(*) withdrawing from our agreement regarding the sale of the following goods/provision of the following service(*):

– Ordered/Received (*) on:

– Name/Names of consumer(s):

– Address(es) of consumer(s):

– Signature(s) of consumer(s) (only where this form is submitted in paper form)

– Date

(*) Delete as applicable.

No right of withdrawal applies in respect of Mobility Services ordered prior to the invocation of the right of withdrawal, in view of the aforementioned Article VI (53,12) of the Belgian Code of Economic Law.

Previously loaded private budget will be refunded using the same means of payment within 14 days of invocation of the right of withdrawal, subject to deduction by us of a reasonable fee in the event that Mobility Services were used prior to invocation of the right of withdrawal, the full cost price of which is not known to us within such a short period.

  1. Personal use of the Olympus App

The Olympus App may only be used by a User who has received express permission of an Employer to do so, by a Family Member who has been expressly permitted access by a User and by these User Terms and Conditions, or by Direct Users for whom express permission follows from the acceptance of these User Terms and Conditions.

This permission is personal and is not further transferable.

The Olympus App may only be used for providing Mobility Services for the User personally, unless the Employer has given express permission to an Indirect User to also provide Mobility Services to specific third parties, for example family members (Family Members).

Under no circumstances may the User provide third parties with Mobility Services via the Olympus App in return for payment.

The User is wholly responsible for any use that unauthorised third parties make of the Olympus App and the Mobility Services via the access provided to the User. We advise the User to set a screen lock on the device to prevent unauthorised use.

The User must notify us immediately if there is any suspicion that the Olympus App has been used by unauthorised third parties.

In order to prevent and combat these and other unauthorised actions, we reserve the right to monitor use of the Olympus App and to suspend or restrict all right of use or to refuse access to persons suspected of performing unauthorised actions. Suspicions of this nature can arise from detection of use of the Olympus App in an unusual way or in a way that suggests misuse. The terms ‘unusual way’ and ‘misuse’ will be interpreted as we deem appropriate.

Suspension, restriction or refusal of access of this kind cannot provide grounds for any right to compensation or refund.

  1. Appropriate use of the Olympus App

In so far as this is not expressly permitted by the law, the User will refrain from:

  • decompiling or reverse-engineering the Olympus App in order to reproduce and/or translate the source code;
  • removing or circumventing technical provisions intended to protect the Olympus App, or having them removed or circumvented;
  • copying, distributing, licensing or deriving works from the Olympus App.
  1. Terms and conditions of the Mobility Services and contractual relationship with MRP

The procurement of a Mobility Service via the Olympus App or via a Third Party App entails the User’s unconditional consent in each case to all the terms and conditions that the MRP providing the Mobility Service applies in respect of persons utilising the Mobility Service in question (hereinafter also: ‘the MRP’s Terms and Conditions’). The User undertakes to comply strictly with the MRP’s Terms and Conditions and also to require such compliance from persons who make (joint) use of the Mobility Service in question via the User. The User is responsible for these persons.

For its part, the Business Client also undertakes to peruse and consent to the MRP’s Terms and Conditions, in so far as they are relevant to it.

Purchasing a Mobility Service can be subject to prior separate approval of the User by the MRP or to prior separate acceptance of the Terms and Conditions of the MRP, but also without such modalities the User will be deemed prior to the purchase of a Mobility Service to take note of and accept the Terms and Conditions of the MRP that provides the Mobility Service.

The MRP’s Terms and Conditions are set and interpreted by the MRP in question as it sees fit and fall outside our responsibility. The MRP’s Terms and Conditions consist of all specifications, rules, general or particular provisions that the MRP in question applies and indicates, in whatever form and in whatever manner: by displaying them, placing them online or publishing or announcing them in any other manner, including verbally, and in whichever official language. These can be rules that apply generally or only to particular groups or even at individual level. Also included are all regulations imposed by government in respect of persons making use of the Mobility Service in question.

The User and the Business Client acknowledge and consent to the fact that the MRP is entitled to amend the Terms and Conditions of the supplied Mobility Services unilaterally. Provided that Olympus Mobility has been correctly and directly notified by the MRP of these amended terms and conditions, Olympus Mobility will announce them and present them for consent via the Olympus App.

In the case of the public transport companies SNCB, De Lijn, MIVB and TEC, the ordering of a transport ticket by the User gives rise to a direct contract between the public transport company in question and the User: Olympus Mobility offers these Mobility Services in the name and on behalf of the company in question.

The purchase by the User of Mobility Services from Olympus Linkrs will take place in his or her own name, on his or her own account and under his or her personal responsibility.

Fuel will be offered by Olympus Mobility in its own name but on the account of the fuel supplier. The payment will entail discharge for Olympus Mobility.

The list of Mobility Services and General Terms and Conditions below is for illustration purposes and not exhaustive. Olympus Mobility will not be responsible if any link no longer works or suffices. The User must at all times personally take note of the terms and conditions of the MRP in whatsoever manner these are published.

  1. Rates and charges

When a Mobility Service is procured via the Olympus App or a Third-Party App, we perform budget monitoring to confirm that sufficient budget is available. Although the budget monitoring is performed with due care, this does not mean that the budget cannot be exceeded, due for instance to unforeseen extra charges (e.g. longer than permitted use of Velo, Mobit or Blue-bike) or to Mobility Services of which the exact price is not known in advance (e.g. parking).

In the case of certain Mobility Services, prior budget monitoring is not technically possible (e.g. Cambio), which means that the sum expended will be set against the budget afterwards. Any negative budget balance must be cleared as swiftly as possible by means of loading an additional budget, or by means of directly transferring the shortfall to Olympus Mobility. We reserve the right to demand this of the User or the Business Client (whichever is applicable) where necessary, by sending messages within the Olympus App or by e-mail or another communication channel, and we reserve the right in the event of failure to clear the negative balance promptly to charge interest at the legal rate of interest as of the date of first notice.

The rates and charges for the Mobility Services are set out in the Olympus App, in the Third Party App, or by the MRP itself and acceptance thereof is inferred from the simple use of the App. These rates and charges include VAT.

A service charge may be levied on purchase of Mobility Services. Where this is the case, it is always made clear during the order process and is stated separately from the cost of the Mobility Service itself prior to placement of the order.

  1. Duration

The duration of the Indirect User’s right of use is determined by the contractual relationship between us and the Employer and/or the Business Client(s) in the chain via which the User gains access. Responsibility for providing, suspending and ending this access lies with the Business Client(s) in question and Olympus Mobility cannot be held liable in this regard.

The duration of the agreement between us and the Direct User who uses the Olympus App is open-ended. It can be terminated by either party with immediate effect and without explanation (this function is provided in the Olympus App for the Direct User), with no right to compensation based purely on such termination. In the event of our termination of the agreement, Mobility Services already ordered by this Direct User may still be used up, unless the termination is due to serious non-performance on this Direct User’s part, which reasonably justifies our immediate termination of this service.

The duration of the right of use of the Family Member will be determined by the right of use of the User, which provides the User with access and will terminate with immediate effect if and as soon as the last right of use ends. The responsibility is vested in the User who provided access to the Family Member and the User in question indemnifies us against all claims of the Family Member in question.

We systematically reserve the right to suspend or cease the service wholly or in part in the event of misuse or suspected misuse on the Client’s part or that of someone for whom the User is responsible, including a Family Member who belongs to the User. Such suspension or cessation does not require any prior warning or notice of default.

  1. Liability

15.1 Use of the Olympus App

The Olympus App is provided ‘as-is’ and may only be used for the purposes that are specifically indicated. These purposes are general and are not geared to a personal or individual situation or capacity. Use of the Olympus App is exclusively at the User’s own risk. While we make every effort to ensure that the Olympus App is compatible with the operating systems of mobile devices running iOS or Android, we can never guarantee the correct functioning of all versions, new versions or the continued support of old versions. The hardware requirements for use of the Olympus App can vary according to the development of the software. Olympus Mobility may not be held liable under any circumstances for the suitability of a User’s mobile device or operating system for the Olympus App at any moment.

15.2 Mobility Services

We are not liable in any way for the delivery or implementation of the Mobility Services themselves. Olympus Mobility does not intervene in the implementation of the Mobility Services by the MRPs and cannot be held liable for any action or failure on the part of an MRP. Any issue relating to the delivery or implementation of Mobility Services to the User ought to be taken up directly by the User with the MRP itself. All rights of action in this regard are transferred in so far as necessary to the User on procurement of Mobility Services in the Olympus App. The refund of Mobility Services ordered or procured via the Olympus App is not possible, even in the event of wrongful use by third parties of access to the Olympus App granted to a User.

The following exceptions apply to the prohibition on refunds:

  • De Lijn – The price of the M-Ticket may not, in principle, be refunded under any circumstances, other than exceptional situations due to De Lijn or the M Supplier, as a consequence of which the User was unable to utilise their M-Ticket. In this event, the User should contact the customer service at De Lijn.
  • SNCB – The User is entitled to compensation in the event of a delay longer than 60 minutes equal to 100% of the value of a one-way journey. Compensation can only be requested via SNCB customer service via How to apply for compensation.

These exceptions are the sole responsibility of the aforementioned MRP and Olympus Mobility is not liable for any changes to them or how they are implemented.

15.3 Tokens

In so far as a Token is required to use Mobility Services, the Token, its functioning and its availability are solely the responsibility of the issuer of that Token and under no circumstances may we be held liable.

15.4 Information

While we make every effort to ensure that the information provided is complete, accurate and up-to-date, errors can nevertheless occur. Should the provided information contain any inaccuracies, or should certain information be unavailable, we will seek to rectify this as soon as possible. If you detect any inaccuracies, you are requested to notify us of them using the contact details stated in these User Terms and Conditions.

15.5 Availability

We take all reasonable measures to ensure the availability and security of the Olympus App to limit any inconvenience due to technical errors to as great an extent as possible. However, we cannot exclude the possibility of disruptions or periods of non-availability, whether or not due to third parties, and are unable for this reason to guarantee uninterrupted access.

15.6 Limitation of liability

Neither we nor our employees, agents, colleagues, directors, mandate-holders, commercial partners, freelancers, appointees or legal successors may be held liable for any indirect harm or losses (such as, but not limited to, lost time, emotional damage, loss of opportunity, loss of good will, commercial harm, data loss and loss of income), in either a contractual or non-contractual context. No part of these User Terms and Conditions excludes our liability for proven intent, gross negligence or deception. In so far as the possibility of excluding or limiting liability is restricted by the law applying in a specific case, the application of this article will be accordingly restricted to the maximum limitation or exclusion of liability according to the applicable legislation, without this invalidating or nullifying this article in its entirety.

15.7 User liability in respect of MRPs

In certain cases, the contacts between Olympus Mobility and the MRPs mean that the latter may claim damages from Olympus Mobility in respect of non-performance, misuse or wrongful act on the part of Users who have procured the Mobility Services via the Olympus App or Third Party Apps. In addition, a Mobility Budget or Private Budget can be exceeded in specific circumstances and can be negative, which must be immediately settled. In all these cases liability will arise with regard to us and/or the MRP within the meaning of this article.

In the case of Indirect Users, this will be dealt with via the Business Client through whom they obtained access to the Olympus App. In this context the Business Client will have full and unlimited liability for the Indirect Users who have obtained access (directly or indirectly) to the Mobility Services via them, as well as for the Family Members who were permitted access by these Indirect Users.

The Indirect User has personal, full and unlimited liability for the Family Members who have obtained access via the Indirect User to the Mobility Services.

The Direct Users have full and unlimited liability for the Family Members who have obtained access via the Direct Users to the Mobility Services.

Direct Users undertake, on presentation by us of the claim for damages submitted by an MRP, to pay this within 15 days, to us or directly to an MRP (depending on the case), or to provide us with a valid and substantive reason for objection, accompanied by any available evidence, this likewise within 15 days. We reserve the right to pass on any such claim for damages to the MRP, so that it may approach the Direct User and/or the Family Member in person, relieving Olympus Mobility of further involvement.

Unjustified refusal on the Direct User’s part to pay the compensation (of damage) owed under the terms of this article will entitle Olympus Mobility to suspend its service with immediate effect in the manner and with the consequences set out in these User Terms and Conditions under ‘Duration’. In the event of such unjustified refusal, the Direct User indemnifies us for all costs, damages and interest arising from this in the relationship between us and the relevant MRP.

If various persons (including Business Clients and Users) are jointly liable in conformity with these User Terms and Conditions, this liability will be joint and several and indivisible.

  1. Force majeure

We are not responsible in the event of force majeure, i.e. situations that make it extremely difficult (or incur high costs) for us to meet our commitments. Force majeure includes, but is not limited to: natural disasters, riots, war and military operations, acts of terrorism, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, fire, telecom failures, bugs in third party software or hardware, flooding, lightning, explosions, epidemics, subsidence, as well as any act or omission of a person or entity beyond our reasonable control.

  1. Privacy Policy

We are committed to your privacy and  always process your personal information in accordance with the provisions of Belgian and European law (Law of 30 July 2018 on the protection of natural persons with respect  to the processing of personal data and European Regulation (EU) no. 2016/679 on the protection of natural persons  with regard to the processing of personal data).

In this article we provide clear and transparent information about which information we collect and how we handle this personal information.

In general we always act as the controller for all personal information that is processed in the context of the service that we offer by means of the Olympus App.

In certain exceptional cases we shall process (some of) your personal information as processor. This is among others the case for personal information that we process on the instructions of De Lijn, acting as controller, with respect the delivery and verification of an M-Ticket.

When the personal information of employees is supplied to us either by or on the instructions of employers, we process this personal information as a (sub-)processor of the controller for as long as the employee concerned has not activated his account, where said activation causes the commencement of the provision of our service.

As far as the processing of personal information is concerned merely in the context of the creation and administration of the mobility account in the meaning of the legislation on the mobility budget, we are a (sub-)processor of the employer acting as controller.

17.1 Types of personal data collected and the legal basis of the processing of same

The following data, amongst others, may be collected via the Olympus App and via Third Party Apps and via transfers from Business Clients and MRPs: your name, language, gender, address, mobile number, date of birth, company details, VAT number, e-mail address, browser, operating system, user ID, recto-verso copy identity card, Token information such as number plate, Token numbers (e.g. Mobib card, charging card and fuel card numbers). We also collect data on how you use the Mobility Services and the Olympus App. These include data regarding the purchase and use of Mobility Services (including time of purchase, price, information specific to the mode of mobility, such as data, departure point and destination of the journey) data regarding use of the Olympus App, details of the User’s employment (including address and location of employment), home address or location data (GPS positioning) of the User to enable provision of appropriate mobility solutions (e.g. ‘Smart to Antwerp’, automatic management of kilometres cycled).

Kilometre records (without GPS tracking) may be used for the registration of travel to and from work, on condition this is selected by the User in the App.

We receive this personal information thus because:

–      You supply it to us (e.g. by making a profile or purchasing Mobility Services          in the Olympus App or by using the App, by completing our Online forms …);

–      third parties, such as your employer or family members supply this                         information to us so that you may make use of our services, for example         when your employer provides you with a mobility account that is                         administered via the Olympus App;

–      third-party service providers whom we make use of in the context of the           performance of our activities provide us with same (e.g. MRPs from whom             you procure a Mobility Service via the Olympus App).

The collection and processing of this personal information is required for the User to be able make use of the Olympus App. The lawful nature of the processing of personal information is thus based on its necessity for the performance of the contract to which party concerned is a party and on our justifiable interest in maintaining, safeguarding and improving the provision of the service.

A failure to provide correct information makes the use of the Olympus App impossible.

Your consent will be requested for the following processing operations: location details (GPS tracking: see Art. 17.2) and direct marketing where relevant. You may retract your consent to these processing operations, which are performed in order to optimize the service we provide you with, at all times, without this is any way diminishing the lawful nature of the processing prior to the retraction of the consent.

17.2 Background location data

For certain applications, the Olympus App collects location data or the Olympus App needs extended permissions for location determination:

  1. a) Collection of data from location sensors (GPS, Wi-Fi, telecom network) and other sensors (gyroscope, accelerometer) in the context of projects aimed at controlling the mobility behaviour of Users such as Slim Naar Antwerpen
  2. b) Permission for the App to keep track of the User’s location in the background, thus also when the App is not active, for example because the User wishes to receive a reminder to stop his parking session when he is back in the vicinity of his car.

Permission will always be requested separately for this. If for any reason you wish to stop this latter data collection, you can deactivate your location determination and tracking for the Olympus app via the phone’s settings and thus withdraw your consent.

Additional data may be requested for the optimum functioning of the Olympus App where this is useful or necessary to improve or extend the existing service provision.

17.3 Reasons for collecting personal data and transfer of same

We use the data that we collect from all our services because these are necessary for the performance  of the service contract  agreed  with you for the provision of our mobility services and in general to do everything necessary for the agreement and performance of contracts.

. In this way the collected data will be used, amongst other things, for the financial processing of the use of the Olympus App and Third Party Apps and tracking consent for these User Terms and Conditions. The collected data may furthermore be used for the performance  of the Mobility Services by the MRP and to handle claims under or breaches of the  general terms and conditions of the MRP.

The collected data are likewise used in our justified interest for the maintenance, safeguarding and improvement of our services, as well as for the purposes of scientific and historical research or statistics carried out on anonymized or pseudonymized personal information in accordance with the provisions Article 89.1 of the AVG. The collected data may after anonymization also be stored, processed and used further in respect of the MRPs to whom offer the mobility services in order to optimize this working method further.  17.4 Parties with access to the personal data

The data relating to a specific Mobility Service are used for the purposes of reporting in respect of the MRP concerned. This data is only passed on to an MRP when they are strictly necessary for the satisfactory operation of the Mobility Service provided to the MRP and the performance of the contract between us and the User and between us and the MRP (For example the NMBS is supplied with the following personal data: surname, forename, date of birth, email address, journey date and the points of departure and arrival of the journey).

The personal information may also be provided to the Business Client who has given the Indirect User access to the Olympus App to the extent said Business Client does not yet dispose of and only in relation to the contractual undertakings between Us and the Business Client, where this takes place on the basis of our justified interest and the necessity of performing the contracts with our Business Clients.

The processing by the MRP or Business Client takes place in accordance with the privacy policy of the MRP or the Business Client concerned, which may be found on the website of their respective websites. The data may be processed further by us or by those enterprises with whom we have a contractual relationship.

We do not pass your personal information on to recipients who are located in countries outside the European Economic Area (EEA), with the exception of the sending of emails via Mailchimp and Sendgrid the maintenance of logs via Datadog. These processors have contractually agreed to the standard provisions (SCC – Standard Contractual Clauses) in order to offer a uniform level of protection. Moreover we shall take all steps that are reasonably necessary for guaranteeing that your information is processed by the recipients safely and in accordance with this “Privacy Policy” Article and the applicable regulatory provisions.

Finally we reserve the right to pass on your personal information if such is required by law or when we believe that such is necessary for the protection of our rights and/or in the context of criminal proceedings, a court order, a request by a regulator or any other legal proceedings which concerns us.

The personal data we acquire is not disclosed to third parties with the exception of the cases mentioned above.

17.5 User rights

As a user of the Olympic App you have various rights regarding the information concerning your person that we process. You have the right:

         –   to obtain confirmation that we process your personal information and to receive a copy of the personal information that we hold concerning your person (right of access);

         _   to request the correction of your personal information should you consider it  to be incorrect or incomplete (right of correction);

         –    to request the deletion of your personal information, or to restrict the way in   which we use this information should you be of the opinion that it is no longer strictly necessary for the purposes for which it is processed. We reserve the right  to determine whether your request is justified or not (right to be forgotten or    right of deletion and right to restrict processing);

         –   to retract your consent to the processing of your personal information (to the   extent the processing is based on your consent) (right of retraction of consent);

         –   to receive your personal information in a structured, current and machine- readable form and to transmit such to another party (to the extent the  processing is based on consent or the performance of a contract);

         –   to object to the processing of personal information for which we use justifiable interest as the legal basis, upon which we shall stop the processing unless we have pre-eminent, compelling and justified reasons for the processing (right of objection).

You also have the right to object at all times to the processing of the personal information for the purposes of direct marketing. Should you no longer wish to receive direct marketing from us you make contact us (see below) or click on the unsubscribe button. Should you do so your personal information shall no longer be used for such purposes.

You may contact us in the ways mentioned in Article 17.7 Contacts and Complaints for the exercise of your rights accompanied by a description of your request.

In order to protect your rights adequately we may request you to furnish proof of your identity before we respond to aforementioned requests (submission of a copy of the identity card, passport, driving licence, etc.).

17.6  Retention Period

Upon the termination of the contract between us and the Business Customer which gives the Indirect User access to the Olympus App, the personal information of the Users concerned are deleted within the period of one year. This period is necessary for dealing with claims concerning problems related to the use of the Mobility Services, with respect to both the Users and our Business Users and the MRPs.

An exception is made regarding purely accounting documents (primarily invoices) which are subject to a retention period of 7 years. Documents that serve as proof in respect of third parties must, in the context the applicable tax and accounting legislation, after all be retained for a period of 7 years after the closure of the financial period or the accounts. The personal information that is retained is limited to the contact details and names of those contact persons who may be mentioned in the accounting documents.

17.7 Contact and Complaints

If you wish to exercise your rights, you may send us a request free of charge as follows:

–   By sending your request by ordinary post to Olympus Mobility NV,               Theresianenstraat 7/A – 1000 Brussels, or

–   By sending an email to privacy@olympus-mobility.com

Make sure that it is always clear what right you wish to exercise and remember that in certain cases we may need more information. You may for example be asked to supply copy of your identity card, passport, or driving licence, etc. We want to be sure that we are helping the right person.

You may also use the aforementioned addresses to contact us if you wish to make a complaint relating to the processing of your information.

We also kindly remind you that you can consult the information available via the Olympus App in the App itself and where necessary correct it where such is permitted.  You may also correct same (or cause same to be corrected) via the Business Client that gave you access to the Olympus App.

Should you exercise rights relating to information relating either wholly or in part to the mobility account provided by Attentia, we shall transmit your request to the controller, who shall then give the necessary attention to same, either alone or together with Olympia Mobility.

Should you not be satisfied with the way we process your personal information or how we have handled your complaint to us, you have the right to submit a complaint to the Data Protection Authority (GDA) in your legal jurisdiction. You can find the contact address of the Belgian Data Protection Authority on its website

17.8 Right of complaint

The European Data Protection Regulation entitles every User to submit a complaint where the need arises to the supervisory authority, namely the Data Protection Authority, the contact details for which can be found at the website https://www.dataprotectionauthority.be/.

  1. Intellectual property

All intellectual property rights, including copyright, brands, logos, software, databases, source code, HTML code, models, drawings, patents and so on, registered or otherwise, as well as the rights to the ‘look and feel’ of the Olympus App, the colour combinations, layout and all graphic elements (all the preceding hereinafter referred to as ‘protected content’) are the property worldwide or ourselves, our clients, our clients’ clients, our suppliers or the Business Client. This relates to all information mentioned in the Olympus App and all information that is provided in either digital or other form. Unless expressly stated otherwise, no part of the protected content may be copied, reproduced, adapted, distributed, transmitted, (re)published, displayed, presented or recited for commercial purposes without our express written consent. Unless explicitly stated otherwise, our services are not intended under any circumstances to transfer, make available or license any intellectual property right, either in whole or in part.

  1. Miscellaneous

The  invalidity of any clause of the present User Terms and Conditions does not compromise the applicability of the other provisions. We retain the right to amend these User Terms and Conditions at all times. Any amendment will take immediate effect and Users will be notified of it as we deem appropriate via a pop-up message in the Olympus App or Third Party App, which the User must approve before continuing. Each User undertakes to consult the information in the Olympus App or Third Party App on a regular basis and to check for amendments to these User Terms and Conditions. In the event of an amendment, continued use of the Olympus App, the Third Party App or the Mobility Services will be interpreted as consent to the amended User Terms and Conditions.

Belgian law applies exclusively and any dispute falls under the jurisdiction of the competent court for our registered office.

You can contact us at the following address: Olympus Mobility NV/SA – Rue Thérésienne 7/A – 1000 Brussels or via info@olympus-mobility.com