Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Mbrella (via hello@mbrella.eu) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Mbrella (via hello@mbrella.eu) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
These terms and conditions can be easily accessed and downloaded on the Platform.Â
They are applicable from 01.08.2020 onwards and replace all previous terms and conditions.
These terms and conditions shall apply to all business users, in addition to any general or special conditions applicable to any kind of product or service offered directly or indirectly on the Platform, per email or per telephone as the case may be, including products and services offered by third parties and shall overrule any other terms and conditions that do not originate from Mbrella.
INTRODUCTION
1. Mbrella, a private limited liability company (“société à responsabilité limitée / “besloten vennootschap”) organised and existing under the laws of Belgium, having its registered office at rue du Belvédère/Belvédèrestraat 29, 1050 Brussels (Belgium), registered with the Register of Legal Entities of Brussels under undertaking number 776.753.432 (hereinafter “Mbrella”), has developed an online platform, called Mbrella (the “Platform”), which aims at offering a tool allowing employers and employees to handle mobility budgets and mobility expenses.
2. In this context, Mbrella wishes to enter into partnerships with different businesses to enable those businesses to use this tool.Â
3. The person giving their consent to the application of these terms and conditions for B2B services (the “Terms and Conditions” or the “Agreement”) is an employer, or a legal representative of an employer, wishing to enter into such a partnership with Mbrella as to enable (some of) their staff members or employees (the “Qualifying employees”) to use the Platform, at the expense of their employer (“you” or the “Employer”).
4. These Terms and Conditions constitute, together with the quotation accepted by the Employer, the commercial partnership agreement entered into between the Employer and Mbrella (the “Parties”) and setting out the terms and conditions thereof.Â
5. If you have any questions about these Terms and Conditions or their implementation or if you need support, please contact Mbrella by email at hello@mbrella.eu.
1.1. For the purposes of this Agreement, the terms used with capital letters shall have the following meaning:
Agreement (or « Terms and Conditions »): the present agreement/terms and conditions between the Parties together with the quotation accepted by the Employer, setting out the terms and conditions under which Mbrella shall enable the Employer and its Qualifying employees to use the Platform.
Business Day: a day (other than a Saturday or Sunday) when banks are open for normal business in Belgium.
Effective Date: the effective date of this Agreement that is the date on which the Employer has given its consent on the application thereof.
Employer: the person giving its consent to the application of this Agreement and wishing to enter into a partnership with Mbrella as to enable (some of) its staff members or employees to use the Platform, at its expense.
Fleet manager: the natural person(s) linked to the Employer and selected by the Employer, who has specific access to the Platform and can manage all Qualifying employees' access to the Platform.
Force Majeure: an unforeseen event, which occurs after the Effective Date and which is beyond the reasonable control of the affected Party, to the extent such an event prevents or delays the affected Party from fulfilling its obligations under this Agreement and the affected Party is not the direct or indirect cause of such an event and is unable to prevent or remove such an event at reasonable cost.
Information: all information, data, reports, intellectual property, know-how, process and trade secrets, in whatever form, provided by or on behalf of one Party to the other Party or information of one Party otherwise received by the other Party under or in connection with the Agreement, including the information relating to the Party and its businesses, operations, finances, planning, facilities, products, techniques and processes. For example but without limitation, the Information may include inventions, products, processes, technical methods, formulas, projects, developments, plans, research data, financial data, personal data, software, client listings, suppliers listings and any other data relating to clients or the knowledge of existence of clients or the prospects of the concerned Party (and its affiliated companies in the case of Mbrella).
Intellectual Property Rights: patents, utility models, designs (whether or not capable of registration), chip topography rights, database rights and other like protection, copyrights, trademarks, trade names, trade dresses, trade secrets, inventions and/or any other industrial and/or intellectual property rights, and applications, divisions, continuations, renewals, re-exams and reissues thereof.
Mobility Services: sustainable means of transport (“moyens de transport durables” / “duurzame vervoermiddelen”) as referred to in article 8, § 3 of the law of 17 March 2019 regarding the introduction of a mobility budget and defined in article 3, § 1, 8° of said law (with the exception of the means referred to in article 3, § 2 of the law), it being understood that Mbrella bears no responsibility for these means of transport provided by third parties.Â
Party: Mbrella and/or the Employer.Â
Personal Budget: the monthly budget allocated by the Employer to each Qualifying employee to book and purchase Mobility Services. Said budget is displayed on the Platform and can be managed through the Platform by each Qualifying employee, the Fleet manager and the Employer.
Platform: the online internet platform called Mbrella, developed, maintained and managed by Mbrella, which aims at offering its users a tool allowing employees to handle their mobility budgets and expenses and the Employer and the Fleet manager to have an aggregated view on said mobility budgets and expenses.
Qualifying employee: any natural person linked to the Employer by an in force and not terminated employment contract who has been selected by said Employer, who has accepted Mbrella’ terms and conditions and who has accepted to be a part of the project described in this Agreement. Each Qualifying employee benefits from a Personal Budget pursuant to an agreement entered into by said employee and the Employer as sole and only parties.
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1.2. Interpretation
1.2.1. The singular shall include the plural and vice versa.
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1.2.2. Where in this Agreement a French or Dutch term is given in italics or in italics and in brackets after an English term, and there is any inconsistency between the French or Dutch and the English, the meaning of the French or Dutch term shall prevail.
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1.2.3. The words “include”, “including”, “includes” and all forms and derivations thereof shall mean including but not limited to.
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1.2.4. The titles and headings used in this Agreement are only inserted to facilitate the reading of this Agreement and do not express in any way the intended understanding of the Parties. They shall not be taken into account for the interpretation of this Agreement.
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1.2.5. References to Articles and paragraphs in this Agreement are references to the Articles and paragraphs of this Agreement unless otherwise specified.
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1.2.6. English language words used in this Agreement intend to describe Belgian legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.‍
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2.1. The Agreement sets out the principles and modalities of the commercial partnership between the Parties, as well as the Parties’ respective rights and undertakings under said partnership.Â
2.2. It is hereby acknowledged and accepted by the Parties that either Party may enter into similar arrangements and/or agreements with third parties, that no exclusivity is granted and that nothing in the Agreement shall limit either Party’s right for such cooperation with any third parties.
3.1. Principle
3.1.1. Mbrella shall give access to the Platform to the Employer, the Fleet manager and the Qualifying employees.Â
3.1.2. The Employer and the Fleet manager shall have access to aggregated information in relation with each Qualifying employees’ mobility budget and detailed information on their expenses (such as the date, the service used or the amount spent) while each Qualifying employee shall have access to their own mobility budget and expenses, both personal and professional.Â
3.2. Registration and accounts
3.2.1. The employer shall request all Qualifying employees to register on the Platform, it being understood that the Qualifying employees shall not be able to use the Platform before being validly registered.Â
3.2.2. The registration may require each Qualifying employee to provide some personal data, necessary to create user accounts on the Platform and to link the mobility expenses made by each Qualifying employee with their account on the Platform. Said personal data shall be processed pursuant to Mbrella privacy policy, available on the Platform. Â
3.2.3. As of the Effective Date, at the latest five (5) Business Days after the registration process has been completed by all Qualifying employees, Mbrella shall create user accounts for said Qualifying employees, enabling them to use the Platform. Further registration by a new Qualifying employee shall in principle be done instantaneously or, at the latest, five (5) Business Days after the registration process has been completed by said Qualifying employee.
3.2.4. All Qualifying employees wishing to use the Platform and, more generally, each person accessing the Platform, shall be requested to accept Mbrella’s terms and conditions upon first use of the Platform.Â
3.3. Personal Budget and expenses
3.3.1. Each Qualifying employee is allocated a Personal Budget as decided solely by the Employer and the amount thereof is communicated to Mbrella at the same time as the procedure referred to in Article 3.2.Â
3.3.2. Each Qualifying employee shall be able to have a complete view on all expenses that they made with third parties mobility providers that are partners with Mbrella (for example the mobile applications MyMove and Skipr), provided that the Qualifying employee must be registered with the same username and/or email address on the Platform and on these mobile applications. Each Qualifying employee will also be able to add, on their own account, extra mobility expenses made with third parties that are not partners with Mbrella (e.g. bike leasing, bike purchase, other tickets, etc.).Â
3.3.3. The Platform can be used to handle a mobility budget as defined by the law of 17 March 2019 regarding the introduction of a mobility budget and a fixed yearly maximum budget can be determined for each Qualifying employee, it being understood that Mbrella does not interfere with, is not affected by and does not bear any responsibility in relation with the relationship between the Employer and its employees regarding the determination of each personal mobility budget, its terms and conditions, and its compliance with the law and in particular tax and social legislation in relation with the mobility budget. As such and where applicable, the Employer is the sole responsible to ensure that its Qualifying employees are entitled to a mobility budget under the terms of the law of 17 March 2019 regarding the introduction of a mobility budget.Â
3.4. Modifications
3.4.1. The Employer can modify directly on the Platform or, should it not be available, can request Mbrella, at any time, to
3.4.2. When requesting access to the Platform for a new Qualifying employee, the Employer shall at the same time provide Mbrella with the amount of the Personal Budget to be set and shall request the new Qualifying employee to register on the Platform.
3.4.3. Should a modification pursuant to this Article not be possible, Mbrella shall explain the reasons of the impossibility to access the Employer’s request, as the case may be, and both Parties undertake to negotiate in good faith to implement the modification or a reasonable equivalent as soon as possible.
Each Party is operating, and will continue to operate, on its own behalf, in its own name, with its own trade name, for its own account and at its own risks and nothing in the Agreement is intended or shall be construed to authorize either Party to create or assume any liability or indebtedness of any kind in the name of or on behalf of the other Party or to act for or be responsible for the performance of the other Party in any manner whatsoever.
5.1. Each Party warrants that it has the right to perform its obligations under the Agreement and to grant the other Party the rights set forth in the Agreement.
5.2. Each Party shall provide the other with the necessary information to enable the proper performance of the Agreement and shall provide support if needed.Â
5.3. Mbrella shall not be responsible for any obligation existing between the Employer and its employees.
6.1. Mbrella shall send the Employer a monthly invoice corresponding to the amount to be paid by the Employer pursuant to the monthly fees detailed in the quotation accepted by the Employer, that is part of the Agreement.Â
6.2. Unless otherwise specified, all prices are VAT excluded.
6.3. Any amount not paid within the time limits provided, which may be extended by mutual written agreement between the Parties, will bear interest at two (2) times the statutory interest rate until payment of such unpaid amount. Should the Employer be in a situation of late payment, it will automatically owe Mbrella a flat-rate compensation for costs of collection, the amount of which is fixed in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions and its Decrees.Â
6.4. Should there be a disagreement on the amount of any invoice, the Parties shall work together in good faith to settle it. The monthly reports attached to the monthly invoices shall prevail unless the Employer proves that a mistake has been made within ten (10) days following the reception of said reports. After such period, every monthly report shall be definitive.
7.1. Without prejudice to Article 9.3, neither Party shall disclose to third parties and/or use any received Information, including pieces of Information received prior to the signing of the Agreement, without the prior written permission of the other Party, except to its affiliates, subcontractors, suppliers, agents and advisors working on the execution of the Agreement on a need to know basis, provided that such third parties are bound by confidentiality obligations similar to those contained in the Agreement.Â
7.2. Each Party shall only use any Information whatsoever for the strict purpose of executing its obligations under this Agreement.
7.3. Information (as defined) shall not, however, include information which the Party can establish:
7.4. A Party shall have the right to disclose Information of the other Party in accordance with a judicial or other governmental order but shall inform the other Party prior to it.Â
7.5. Each Party shall use appropriate efforts no less restrictive than used for the Party’s protection of its own confidential and trade secret information, but, in any event no less than reasonable efforts, to safeguard the Information of the other Party and keep it secure.
7.6. Each Party shall return or destroy upon written request of the Party owning the Information all material embodying Information of the other Party that is subject to confidentiality obligations under the Agreement, including all copies of any kind. However, the Party receiving request may retain such Information that is required by mandatory laws or to perform its obligations under the Agreement subject to all confidentiality obligations herein.Â
7.7. This Article shall survive the end of this Agreement for a period of five (5) years.
8.1. The processing of personal data of Qualifying employees or any other natural person implicated in the performance of this Agreement shall be done in compliance with Mbrella privacy policy, available on Mbrella website and on the Platform, and, as the case may be, with article 8 of the Royal Decree of 21 March 2019 implementing the law of 17 March 2019 regarding the introduction of a mobility budget and with articles 3, 8 and 10 of the Royal Decree of 21 March 2019 implementing said law.Â
9.1. All right, title and interest in and to all Information and to all Intellectual Property Rights, whether or not specifically recognized or protected under applicable law, shall worldwide and in perpetuity vest in and be the sole and exclusive property of the Party owning it on the Effective Date and of the Party creating it after the Effective Date, as the case may be.Â
9.2. Under no circumstances shall the Agreement involve a transfer of Intellectual Property Rights between the Parties. Any Intellectual Property Right announced or created during the duration of the Agreement shall remain the sole ownership of the Party responsible for the creation thereof.
9.3. Each Party can use the trademark(s), trade name(s) and logos of the other Party for marketing and communication purposes relating to the Agreement, provided that said use is not able to harm in any way whatsoever the image and commercial reputation of the other Party or the Platform and can, in its own name and on its own behalf, make publicity on, press release of and reference to the existence of the Agreement and the nature of the cooperation between the Parties. Said use and communications can be realised without a prior written approval of the other Party to the extent it is done without disclosure of the details regarding the Agreement or the execution thereof and without impair public order and morals and the commercial reputation of the other Party.Â
9.4. Each Party can request the other Party to stop any use or communication that is, in its reasonable opinion, contrary to the abovementioned.
10.1. Each Party shall defend, indemnify and hold the other Party and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees) which arise from any wrongful execution or breach of the Agreement.
10.2. Neither Party shall under any circumstances be liable for any indirect damages, expenses, costs or other losses incurred by the other Party or its affiliate(s) arising under or in connection with the Agreement.Â
10.3. Mbrella shall not be liable for any event of Force Majeure or any technical problem that might arise and the consequences thereof. Furthermore, Mbrella shall in no case whatsoever be liable for any damages, expenses, costs or other losses resulting from the actions or omissions of third parties involved in the execution of this Agreement.
10.4. The Employer undertakes to hold Mbrella and its affiliates harmless from any and all liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees) which arise from the actions or omissions of its Qualifying employees and Fleet managers or from a failure to properly select Qualifying employees.
10.5. The liability of each Party under the Agreement shall in any event be limited to the maximum amount between (i) the amount provided by the applicable insurance to cover the liabilities, damages, losses, costs and expenses in such case or (ii) 5% of the yearly Agreement value per incident causing damage to the other Party.
10.6. The limitation of liability provided in this Article shall not apply to breaches of Article 7, to the liability mentioned in Article 10.4 or in cases of intentional misconduct or gross negligence by the defaulting Party, committed in relation with the performance of this Agreement.Â
11.1. Without prejudice to Article 11.2, this Agreement shall become effective on the Effective Date and shall remain in force for the period provided in the quotation accepted by the Employer or, if no such period is provided in said quotation, for a period of twelve (12) months starting on the Effective Date.
11.2. This Agreement shall be renewed automatically for succeeding terms equal to the term specified in Article 11.1 and under the same conditions unless either Party gives written notice to the other Party at least forty-five (45) days prior to the anniversary date of the Effective Date.
11.3. This Agreement may be terminated with immediate effect by written notice by the non-defaulting Party, without incurring any liability and without prejudice to the right of indemnification of the non-defaulting Party, in the event that (i) the other Party commits a material breach and fails to remedy such breach within ten (10) Business Days after having been given written notice in respect thereof; or (ii) the other Party is declared bankrupt, is dissolved, or goes or is put into liquidation (otherwise than solely for the purpose of amalgamation or reconstruction) or if a receiver is appointed over any part of such other Party’s business or if any event occurs which under the laws of any jurisdiction has a similar or analogous effect to any of the above events; or (iii) as otherwise set forth in this Agreement.Â
11.4. Termination of this Agreement shall be without prejudice to the rights and obligations of the Parties which have accrued up to the date of termination.
12.1. Entire Agreement and general terms and conditions
The Agreement forms the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior communications, written or oral, between the Parties.Â
All amendments and modifications to the Agreement shall be made by a written document signed by both Parties.Â
General conditions and/or any other standard documentation of either Party have been taken into consideration and, as such, shall not bind the other Party in case of inconsistency or conflict with the Agreement unless incorporated by mutual written agreement as part of the Agreement. Mbrella’s terms and conditions and privacy policy shall however apply to the Qualifying employees and to the Employer for the mere use of the Platform to handle its Qualifying employees Personal Budgets.
12.2. NoticesÂ
Any notice in connection with this Agreement must be in writing and shall be validly given with respect to each Party if sent by registered mail or by an internationally recognised courier company, shall be effective upon receipt and shall be deemed to have been received upon delivery (or on the first business day following the date of sending (mentioned on the receipt) if sent by registered mail).
12.3. Severability
If one or several provisions of the Agreement shall be held to be void, illegal, or unenforceable, this nullity, illegality or unenforceability shall not affect the validity, the legality or the enforceability of the other provisions, except if the provisions held to be void, illegal or unenforceable affected the object of the Agreement. Each Party shall negotiate diligently and in good faith a valid provision replacing the void, illegal or unenforceable provision.
12.4. Waiver
The default or the delay of a Party to avail itself of a right or a faculty given by the Agreement or a breach of the other Party cannot, in any case, be considered as or have the effect of a definitive waiver of that Party to avail itself of that right or that breach subsequently.
12.5. Applicable law and disputes
The Agreement shall be governed by and construed in accordance with the laws of Belgium.
Every dispute related to the conclusion, the validity, the interpretation or the performance of the Agreement, or of contracts or subsequent transactions that might result from it, as well as any other dispute concerning, or related to, the Agreement, with no exception, will be submitted to the exclusive jurisdiction of the courts of Brussels.
Deze Privacy and Cookie Policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Mbrella (via info@mbrella.eu) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze Privacy and Cookie Policy te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
La présente Privacy and Cookie policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Mbrella (via info@mbrella.eu) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente Privacy and Cookie Policy, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
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This privacy and cookie policy (the “Policy”) includes both the privacy policy and the policy on the use of cookies on Mbrella platform (the “Platform”) and on Mbrella Website (the “Website”).
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Date of last revision: 17/02/2021
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Mbrella SRL/BV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”).
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Data controller
Your personal data are handled by:
Mbrella SRL/BV (hereafter: “Mbrella”)
Rue du Belvédère/Belvédèrestraat  29
1050 Ixelles/Elsene
Enterprise number: BE776.753.432
To contact us: info@mbrella.eu
To have access to our policies: https://www.mbrella.eu/
1. Scope of application
As used in this Policy, the terms "using" and "processing" of Personal Data (as defined below) include subjecting the personal information to statistical or other analysis and using or handling personal information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring as detailed in this Privacy.
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Mbrella ("we" or "us") provides this Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Platform and the services provided thereon or the Website (the “Users” or “you”).Â
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2. What information do we collect?
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Mbrella collects and processes three types of information: (i) information you or your employer provide to us, (ii) information relating to your use of the Platform and/or the Website and (iii) information that is shared with us by mobility providers (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.
i. Information you or your employer provide to us:
Account:
When you sign up to the Platform and create an account, add an expense you made, send us an email or communicate with our customer service, you are voluntarily providing us with certain Personal Data that we collect and process. Such personal information may include but is not limited to your name, date of birth, physical address, email address, telephone number, past expenses, billing information, bank account or other payment details. Should you give us details about another person, you hereby confirm that you fully respect the GDPR doing so and that you received every necessary authorization therefor.
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We may also collect additional information you may choose to provide to us on your account (i.e. personal data which must not compulsorily be given through the registration process), such as photos, descriptions of your interests, commuting habits, languages spoken, who you are, where you live and what you do for a living.
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Additionally, your account may contain other necessary information as detailed in the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees. Said information might be provided directly by you or by your employer in the strict respect of the legislation in place concerning mobility budgets.
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Correspondence:
When you contact our customer service or anyone of the Mbrella staff or when you give us feedback, we may keep a record of that correspondence and collect the necessary information to classify your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Policy. Â
ii. Information we learn about you from your use of the Platform:
We may collect or process your IP address and certain non-personal information or aggregated data about how and when you use the Platform and/or the Website. This information is usually of a technical nature (device settings and information, including but not limited to the type of browser, operating system, keyboard language, screen resolution, IP address, location, etc.) and behavioral nature (the actions taken by you on the Platform and/or the Website, including but not limited to access times, pages requested, actions executed, etc.) and is used to compile statistical data about the use of our Platform and/or the Website.
iii. Information that is shared with us by mobility providers
The Platform serves as an aggregator of all your mobility expenses (included or not in the mobility budget pursuant to the law of 17 March 2019 thereon). As such, mobility providers such as MyMove or Skipr will share your mobility information with us.
This means that the information on the bookings and expenses you make on these services are transferred to us (bookings, purchases, prices, date of travel, mean of travel, duration, etc.).
Besides, all necessary data that Mbrella is obliged by law to collect and process shall be duly collected and processed (law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees).
3. Purposes of collecting information
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Mbrella only collects the Personal Data for the following purposes:
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i. Execution of a contract (art. 6, §1, b) of the GDPR):
We process certain Personal Data to execute the contract between you and us allowing us and the concerned service providers to process your purchases and bookings, to allow you to know your booking history and therefore the remaining of the mobility budget you have, and, in a general manner, to ensure the proper execution of the services we provide you.
For the execution of our services, we rely on third parties providers:
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Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below (“your rights”).
ii. Compliance with legal obligations (art. 6, §1, c) of the GDPR):
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We also process your Personal Data in order to comply with the law, to complete all legally mandatory paperwork in each country/region in which either the User or Mbrella is active or in case of illegal use, when we receive orders from legal authorities. In particular, Mbrella is working closely with employers to offer their employees a mobility budget and must therefore comply with the obligations set out in the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees.Â
As such, employers will be granted access to some Personal Data of their respective employees as provided by the law of 17 March 2019 regarding the introduction of a mobility budget and the executive royal decrees.
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Finally, we may also verify the respect of your obligations set out in our Terms & Conditions and our Policy and investigate fraud and infringements on all applicable rules and regulations.
iii. Legitimate interests (art. 6, §1, f) of the GDPR):
Beyond the collection of your Personal Data to provide our services to you or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:
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a. Improve user experience:
Tracking your use of the Application and/or the Website will allow us to personalize our services to your needs and process uploaded data related to your profile such as tickets and booking preferences or most used travels. It will allow you to correctly use the Application and/or the Website. This will also allow us to learn more about User preferences and general trends on the Application and/or the Website in order to improve the quality of the Application and/or the Website and personalize your experience.
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b. Provide customer service:
We may collect additional Personal Data to perform general customer administration of your account by providing you with specific information on available services and by sending you communications about the Platform (e.g. upcoming changes or improvements) as well as our other products and services and respond to your questions, treat your requests or troubleshoot any problems.
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c. Perform marketing actions:
We may process your Personal Data to contact you with newsletters, tailored suggestions and information about events, promotions and other products or services as well as communications about the Platform and/or the Website and/or Mbrella.
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You can choose to opt-out at any time of marketing promotions sent by Mbrella and/or mail/email correspondence from Mbrella if you do not want your Personal Data to be used anymore for any of the aforementioned purposes. If you do not want to receive commercial communications from us anymore, you can choose to unsubscribe from such commercial communications at any time by sending us an email at info@mbrella.eu.
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d. Â Generate statistics and perform statistical analysis:
We may generate anonymous statistics about the use of the Platform and the Website in order to improve it and to perform statistical analysis.
e. Â Sharing information with third parties:
Some of your Personal Data could be disclosed to other companies of our companies group to improve our services and could be shared with other mobility services providers such as Skipr and MyMove to allow the Platform and/or the Website to function properly and to have all necessary mobility data that could be included on the Platform and/or the Website.Â
No Personal Data will ever be disclosed to third parties for marketing, advertising and promotional purposes. Only anonymous information might be disclosed to third parties for marketing, advertising and promotional purposes as well as for statistical purposes for mobility trends.Â
Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 6 below (“your rights”).
iv. Other processing:
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We will always request your consent before using any Personal Data for a purpose other than those that are set out in this Policy.Â
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4. Security of your Personal Data
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In order to prevent the loss, misuse and alteration of your Personal Data, Mbrella has implemented a variety of appropriate technical and organizational security measures conform with or exceeding industry standard technologies, in order to safeguard the confidentiality of your Personal Data and ensure your online safety. However, Mbrella cannot guarantee that unauthorized access will never occur.
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Mbrella uses its best efforts to protect the confidentiality and security of your Personal Data.Â
In case of violation of your Personal Data, Mbrella undertakes to notify the Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation.Â
Mbrella shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties.
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You may not disclose to or share with any third parties your account. If your account risks being hacked (for example because you lost your computer), please immediately inform us by sending us an email at info@mbrella.eu.
5. Data retention period
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We do not process your Personal Data any longer than is necessary for the purposes set forth in this Policy: we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Platform. Your Personal Data are deleted or anonymized maximum seven years after your last use of our Platform or deletion of your account as provided by article 10 of the Royal Decree of 21 March 2019 implementing the law of 17 March 2019 regarding the introduction of a mobility budget.
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6. Your rights
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Exercise of your rights is free of charge and can be done at any time provided that it is authorised by law. If and to the extent provided under applicable Belgian and European law, you shall have the right:
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These rights can be exercised by sending an email to via info@mbrella.eu or sending a letter to Mbrella SRL/BV, Belvédèrestraat/rue du Belvédère 29, 1050 Elsene/Ixelles, Belgium. You can also send this request through your employer with whom Mbrella is always in touch.
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Should you consider that the processing of your Personal Data infringes applicable law, you have the right to lodge a complaint with the supervisory authority (the Data Protection authority) by sending an email to contact@apd-gba.be or any other email address provided by the authorized supervisory authority (https://www.dataprotectionauthority.be/contact-us). Â
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7. Modifications to this Policy
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We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Platform and the Website. In case of significant changes to the Policy that results in Mbrella using your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a specific notice on the Platform and/or send you an email notification.
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8. Cookies
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Mbrella uses cookies. Cookies are small pieces of information that are stored by your browser on your computer's or mobile device’s hard drive. These cookies allow the Platform and the Website to remember information that changes the way the Platform and the Website behave or look, such as your preferred language. Furthermore, the Platform and the Website uses cookies in order to determine the circle of users and to ease the use of and navigation on the Platform and the Website (e.g. cookies are used to prevent you from having to log in every time for personalized services by entering your user name and password). The use of cookies is generally accepted and virtually all important applications and websites use them.
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Following cookies are being stored when you visit and use the Website and/or the Platform:
i. Cookies essential for navigation:
These are cookies that are required in order to use the Platform and the Website. Without them certain sections will not function correctly, or not at all. In particular they enable navigation between the various sections of the Platform and our Website, completion of forms and secure verification of your identity before granting access to your Personal Data.
ii. Functional cookies:
Functional cookies are intended to facilitate operation of the Platform and the Website and make using it a more pleasant and personalized experience for you. These are cookies which, for example, store your preferences such as choice of language or your customer segment, collect information in forms for statistical purposes (number of unique visitors, etc.) or enable analysis of how users use the Platform and the Website.Â
Following cookies are being stored when you visit and use the Website, but not when you visit and use the Platform:
iii. Marketing cookies:
When you visit the Platform and/or the Website, socio-demographic data and profile data are collected and stored anonymously in a marketing cookie. Marketing cookies do not contain any Personal Data and are placed by advertisers when their ad is posted. They prevent you being bombarded by the same advertisements over and over again and help to personalize publicity, but they also measure the effectiveness of our various marketing and publicity actions.
The Platform does not serve any marketing cookies.
iv. Third party cookies:
These cookies are placed via the Website by third parties, for example Google. In particular they improve the Website's content and operation.Â
The Platform does not serve any third party cookies.
You can configure your internet browser in order to be informed of each cookie sent or systematically refuse them by modifying the parameters of your browser. Mbrella cannot guarantee the access, use and operation of the Platform and the Website if the storage of cookies is disabled. If you want to refuse marketing cookies (including Google among others), you can do this with the help of the following website: http://www.youronlinechoices.com/
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9. Legislation and competent courts
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This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute.
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Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.
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10. Questions
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If you have any further questions about this Policy or its implementation, please contact via info@mbrella.eu.
Deze cookies policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Mbrella (via info@mbrella.eu) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze cookies policy te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
La présente cookies policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Mbrella (via info@mbrella.eu) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente cookies policy, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
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Mbrella SRL/BV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”) and the E-privacy Directive (Directive (EC) 2002/58 of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector).
Date of last revision: 17/02/2021
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Cookies controller
Mbrella SRL/BV (hereafter: “Mbrella”)
Rue du Belvédère/Belvédèrestraat  29 - 1050 Ixelles/Elsene
Enterprise number: BE776.753.432 (RLE Brussels)
To contact us: info@mbrella.eu
To have access to our policies: https://www.mbrella.eu (the “Website”) or on the menu of Mbrella platform (the “Platform”)
1. Scope of application
Mbrella ("we" or "us") provides this cookies policy (the “Policy”), to inform you of our procedures regarding the use of cookies when users visit our Website or Platform (the “Users” or “you”).
2. What are cookies?
Cookies are small pieces of information that are stored by your browser on your computer's or mobile device’s hard drive. These cookies allow the Platform and the Website to remember information that changes the way the Platform and the Website behave or look, such as your preferred language. Furthermore, the Platform and the Website use cookies in order to determine the circle of users and to ease the use of and navigation on the Platform and on the Website (e.g. cookies are used to prevent you from having to log in every time for personalized services by entering your user name and password). The use of cookies is generally accepted and virtually all important applications and websites use them.
3. What kind of cookies are used by Mbrella?
The following cookies are being stored when you visit and use the Platform and the Website, said cookies belonging to the domain of our Website and/or our Platform (first-party cookies) or to the domain of other parties (third-party cookies).
These are cookies that are required in order to use our Platform and our Website. Without them certain sections will not function correctly, or not at all. In particular they enable navigation between the various sections of our Platform and our Website, completion of forms and secure verification of your identity before granting access to your personal data.
The following cookies are essential for navigation:
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ii. Functional cookies:
Functional cookies are intended to facilitate operation of our Platform and of our Website and make using it a more pleasant and personalized experience for you. These are cookies which, for example, store your preferences such as choice of language or your customer segment, collect information in forms for statistical purposes (number of unique visitors, etc.) or enable analysis of how visitors use the Platform or the Website.
The following cookies are functional cookies:
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iii. Marketing cookies:
When you visit our Website and/or our Platform, socio-demographic data and profile data are collected and stored anonymously in a marketing cookie. Marketing cookies do not contain any personal data and are placed by advertisers when their ad is posted. They prevent you being bombarded by the same advertisement over and over again and help to personalize publicity, but they also measure the effectiveness of various marketing and publicity actions.
The following cookies are marketing cookies:
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iv. Third party cookies:
Some cookies are placed via our Platform and our Website by third parties, for example Google. In particular they improve our Platform and Website's content and operation. The details of said cookies are mentioned in the previous sub-sections.
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The following cookies are third party cookies:
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4. How long do cookies exist?
Temporary cookies (or “session” cookies) are temporarily stored in your browser or application. As soon as the User closes its browser or application, these cookies are automatically deleted.
Permanent cookies (or “persistent” cookies) remain on your computer or mobile device, even after you close the browser or the application. They make it possible to recognize the User during a subsequent visit to a website or an application. They remain on the User’s device until their expiration date is reached, a new version of the cookie is installed, or the User deletes them manually.
The expiration date of such cookies is thirteen (13) months.
The above duration is based on the User’s informed consent and by giving its explicit consent, the User agrees with this duration.
5. Data collected, stored or transmitted by those cookies
Mbrella collects and processes information through cookies. The legal basis of such collected data are the execution of a contract (art. 6, §1, b) of the GDPR), the compliance with legal obligations (art. 6, §1, c) of the GDPR) and legitimate interests (art. 6, §1, f) of the GDPR). For more information, you can refer to the Privacy Policy in its article 2 directly on [insert link of your privacy policy].
6. Data retention period
‍We do not process your Personal Data any longer than is necessary for the purposes set forth in the Privacy Policy and in this Policy: we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Platform and/or our Website.
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7. Opt-out
You can configure your internet browser in order to be informed of each cookie sent or systematically refuse them by modifying the parameters of your browser. Mbrella cannot guarantee the access, use and operation of the Platform and of the Website if the storage of cookies is disabled. If you want to refuse marketing cookies (including Google among others), you can do this with the help of the following website: http://www.youronlinechoices.com/
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8. Modifications to this Policy
We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Platform and on the Website and will be “popped-up” on the Platform.
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9. Legislation and competent courts
‍This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute.
Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.
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10. Questions
‍If you have any further questions about this Policy or its implementation, please contact via info@mbrella.eu.
