The Contract is concluded for a fixed term and is automatically renewed, unless either Party objects by sending a registered letter 90 days before the expiry of the term. The execution of the Contract, including the payment of the invoice for the Services, constitutes the conclusion of the Contract and the acceptance of the GSC.

GENERAL MSE SERVICE CONDITIONS (GSC) (applicable as of October 1st, 2022)

1. Definitions
In accordance with the present General Service Conditions (GSC) :
"Monitoring Center": Center that manages tracking systems in order to prevent or ascertain the disappearance, deterioration or destruction of a vehicle equipped with a tracking system in accordance with its legal obligations.
In accordance with the present conditions, the Monitoring Center is S.P.RL. SECURITY MONITORING CENTRE, authorized security company nr. 16.1027.01, having its head office Avenue Charles Quint 345, 1083 Ganshoren and registered at B.C.E. under nr 0454.284.850., to be contacted at the phone number +32 (0)2 646 08 42 and at the mail address info@smc-net.be, registered as INCERT certified room TB-0004 // IBAN BE 42 0017 3457 5154 // insurance company : ACE EUROPEAN GROUP LTD / policy nr : 7.500.206
1.1 "Clients": Cover :
- "Consumer", i.e. any physical person who acquires the MSE Services for non-commercial, industrial, artisanal or liberal purposes, and
- "Professionals", i.e. any natural person or moral entity who acquires MSE Services for the sole purpose of the ongoing pursuit of their economic activity, but not for resale purposes. The Professionals may acquire the Services for their own personal use or for the benefit of a User.
1.2 "Contract": Agreement on Service deliveries between the Client and MSE, whereby MSE provides services involving geolocation services (if required INCERT certified), services support, and the intervention of a Monitoring Center, in return for Client's payment of the remuneration to MSE (unless the Services are part of a prepaid package acquired through the INCERT certified professional installer/assembly station). This term covers both the INCERT Service Contract and the MSE Service Contract.
1.3 "Activation date /renewal of Services": Date on which the license allowing the Customer to benefit from the Services is (re)activated. It is also the date of the start of the Contract established by the activation of the Services by the INCERT certified professional installer/assembly station or the Customer himself. In case of reactivation of the Services after an interruption, it is the effective renewal date of the Services.
1.4 "Confidential information": All information or data (technical or other) and all the know-how, whatever their form, format or support relating to MSE's the activities, services or products, which MSE makes it available to the Customer in the course of providing the Services.
1.5 "Force majeure": Any abnormal circumstances beyond the reasonable control of MSE which it could not reasonably foresee in their occurrence or in their consequences and which prevent it from properly performing its obligations to the Client.
Force Majeure includes, but is not limited to, the following circumstances :
- Disruptions/interruptions of the platform used by MSE (MetaTrak Platform and QTE Platform or any other platform who would succeed them) or/and the internet site of MSE and/or the telecommunication services;
- strikes, lock-outs or other social conflicts, including telecommunication services;
- shortage or reduction of manpower, materials, means of transport or public services or disturbance due to energy supply, in telecommunication / internet supply;
- an essential modification in legislation applicable to the Services ;
- legal provisions that would significantly restrict the scope of the Services or their use;
- an event of Force majeure which would prevail the Monitoring Center and/or QTE.
1.6 "Tracking Device": covers the terms "Tracking Device" in the Service Contract MSE and "Anti-theft Device INCERT certified" in the INCERT Service Contract, which refer to the equipment necessary to assure the ensure vehicle geolocation.
1.7 "QTE" Quasar Telematics Europe S.r.l. : company established under Italian law with head office at Via Meuccio Ruini n.10, 42124 Reggio Emilia, Italy ; registered under number : IT02650440353 (https://www.qtelematics.eu/), reachable by mail at : dpo@qtelematics.eu.
QTE administers and provides several means for the execution of the Services : MetaTrak Platform / QTE Platform / Metatrak Application
1.8 "Meta System": Meta System S.p.A., company established under Italian law, having its Head Office in Italy, Via T. Galimberti 5, 42124 Reggio Emilia, registered under number 00271730350 - N°R.E.A.120639, reachable at the mail address dpo@metasystem.it / privacy@metasystem.it. Meta System S.p.A. is the manufacturer of the Tracking Device.
1.9 "MSE" : Mobile Systems Europe S.R.L., company who sells the tracking services, having its Head Office Rue des Palais, 44 bte 52 - 1030 Brussels, registered at B.C.E. under number 0879.633.414, Tel : +32 (0)2 223 08 63 / Fax : +32 (0)2 223 08 65, e-mail: info@mseurope.be / Bank account: BE86 0014 8134 0550 / insurance company : AG Insurance / policy nr.: 99578477.
1.10. "Parties": MSE or the Client (together the "Parties").
1.11. "User": a natural person who receives the Services under a Contract between MSE and the Customer, which usually includes the driver of the vehicle and the contact person identified in the Contract.
1.12. "Remuneration": the amount corresponding to the consideration to be paid by the Client to benefit from the Services during the term of the Contract and covering the communication fees inherent to the Services, excluding the inherent fees to the provision of Services (and all interventions) outside the Belgian territory.
1.13. "Service(s)": Any Services provided by MSE under the Contract, consisting of the Services included in the chosen Service Package, including a tracking element, support and alarm signal sent to the Monitoring Center or its intervention in certain circumstances, on vehicles equipped with a Tracking Tag. The Services may be of an INCERT certified nature as described in point i., or not as described in point ii
i. Depending on the chosen Service package, the Services and Tracking Device are INCERT certified corresponding to the logbook for the norms TT0, TT1, TT2, TT3 and TT4 INCERT.
The INCERT Services include the sending of an alarm to the Monitoring Center in the following cases:
- towing of the vehicle engine off (norms TT1-TT3-TT4);
- failure to identify the driver (norm TT2-TT4);
- sabotage, disconnection of the main alimentation source (norms TT1-TT2-TT3-TT4).
ii. The other MSE Services imply the sending of an alarm to the contact person, identified in the MSE Contract Service in the following cases:
- towing of the vehicle engine off;
- failure to identify the driver (depending on the equipment and type of service);
- sabotage, disconnection of the main alimentation source.
It is the responsibility of the contact person to contact the Monitoring Center in case of an incident. The specific alarms vary in function of the ordered type and Service Package.
2. Derogations, modifications and non-application
2.1. The resent GCS can only be deviated from by means of a written document or issued on a durable medium, originating from MSE, expressly accepted by the Parties.
2.2 In case of contradiction between the present GSC and
- the particular provisions of the Contract, the particular provisions of the Contract will prevail;
- other conditions of MSE, the present GSC will prevail.
2.3 The present GSC excludes the application of all conditions mentioned in the documents coming from the Client and/or third person, even if those documents have an ulterior date.
2.4. The non-application by MSE from one or several terms of the Contract and/or GSC cannot be considered by the Client as a renunciation of MSE to take advantage of these terms.
3. Duration
3.1 The Contract is concluded for a fixed period, which depends on the Service package chosen by the Customer.
The Contract is automatically renewed, unless either Party objects by registered letter 90 days prior to the expiration of the term. The term of the Contract shall begin on the activation date of the Services.
In order for the Services not to be interrupted, the Client shall pay the remuneration for the renewal period of the Contract prior to the expiration of the initial term (either an invoice will be sent to the Client in order to proceed to the payment, or the Client will be invited to pay electronically, which will then be confirmed by sending an invoice). In case of late payment after the expiration of the initial term, the renewal of the Contract will take from the date of receipt of the payment by MSE.
3.2. The Agreement becomes effective on the date of activation date of the Services, established by the first communication (activation and/or testing by the INCERT certified professional installer/installation station).
3.3. The activation of the Services constitutes the full execution of the Contract and, therefore, the Client is informed and accepts that he's not entitled to exercise any right of withdrawal upon activation of the Services. Upon activation of the Services, the Client may not change their Service package before the end of the Contract term or its renewal. Any request to change the Service package must be communicated 90 days before the end of the Contract term or its renewal by mail to metatrak@mseurope.be.
4. IEM Bonds
4.1. To the extent and in the manner described in the present GSC and in the Contract, MSE undertakes to (re)activate the Services on its activation/renewal date of the Services.
The obligation of MSE to provide the Services is an obligation of means.
4.2. As of the conclusion of the Contract, MSE agrees to:
- make every effort to ensure that the Services are activated in 48 hours of the conclusion of the Contract;
- send to the Client, by texting or mail, the access codes (login / password) in order to access the mobile application and/or the Client website depending on the chosen service ;
- send, if necessary, the necessary data to the Monitoring Center and QTE for the execution of the Services.
4.3. MSE will inform the Customer by mail of any modification to the present GSC and/or Contract 30 days before the implementation of the said modifications.
The Client can react to it within 30 days or, if necessary, object to it.
If the Client wishes to object to the application of the modified contractual conditions, he shall do so by registered letter to MSE, in this case the Contract shall automatically terminate on the date of entry into force of the said modifications, without further notification and without any Party being entitled to claim any compensation.
5. Designation of the Monitoring Center and description of its function and obligations (if applicable following the chosen Service pack)
5.1. MSE has the right to choose the Monitoring Center with which it works as long as it is certified. No provision of the present GSC obliges MSE to maintain a contractual relationship with a specific Monitoring Center.
5.2. The function and obligations of the Monitoring Center are described in "the Royal Decree of 17 May 2002 regulating the methods of monitoring plants using monitoring systems ("Royal Decree") or any other regulation which would replace it.
The Monitoring Center shall exclusively inform the Police contact - and not the contact person mentioned by the Client or other persons or authorities - of the location of the vehicle(s) equipped with a tracking system and will transmit to the Police station the means to locate such the vehicle(s).
(a) After receiving a suspicious looking missing vehicle notification, the Monitoring Center shall verify the abnormal nature of the disappearance.
- If the Monitoring Center notices that the Client (and, if applicable, the User) is probably in a dangerous situation in the lost vehicle, they will only try to join de contact person mentioned by the Client and, if they conclude to an abnormal disappearance of the vehicle equipped with a tracking system, they transmit to the Police station the information foreseen by the Royal Decree or any other regulation replacing it (identification of the vehicle, coordinates of the contact person, circumstances of the disappearance, moment of disappearance, location and following in real time of the lost vehicle, the way they have been advised of the disappearance and any other information solicited by the competent authority in order to elucidate the disappearance) and executes the instructions of the police.
- In the other cases, the Monitoring Center ensures of the abnormal nature of the disappearance of the vehicle equipped with a tracking system by contacting the contact person mentioned by the Client. If the Monitoring Center concludes to an abnormal disappearance of the vehicle equipped with a tracking system, it shall inform the contact person mentioned by the Client that they will notify the disappearance to the police station and notifies them immediately by communicating the information foreseen by the Royal Decree or any other regulation replacing it (identification of the vehicle, coordinates of the contact person, circumstances of the disappearance, moment of disappearance, location and following in real time of the lost vehicle, the way they have been advised of the disappearance and any other information requested by the competent authority in order to elucidate the disappearance).
As soon as it is verified the abnormal disappearance of the vehicle equipped with a tracking system and has attempted to reach out to the contact person, they can intervene on a vehicle equipped with a tracking system before notifying it to the police station by deactivating the start engine function in such a way that after a complete stop of the engine for at least 30 seconds, the engine does not start again.
(b) When they notify the disappearance to the police station, the Monitoring Center only executes the instructions of the police station. Furthermore, the Monitoring Center can intervene remotely on the vehicle equipped with a tracking system and have resort to the following actions:
- reduction of the speed limit until 90 km/hour;
- other actions determined by the competent authorities.
(c) The Monitoring Center can intervene remotely on the vehicle equipped with a tracking system and has resort to the sub mentioned actions (b) in case of escape following the commission of crimes or punishable offences to a prison sentence of 5 years or of a more severe penalty, without previously having tried to contact the contact person mentioned by the Client.
(d) The Monitoring Center keeps the information (identification of the vehicle, coordinates of the contact person, circumstances of the disappearance, moment of disappearance, location and following in real time of the lost vehicle, the way they have been advised of the disappearance and any other information solicited by the competent authority to elucidate the disappearance) for 5 years at the disposal of legal authorities and police services authorized to do so.
5.3. The Monitoring Center commits to have, permanently in their station, 24h/24h, during all civil year (including holidays) guard personnel in sufficient number (at least 2 persons), ready to respond at any alarm signal send by a tracking system connected on the server, by the intermediate of MSE for the localisation, the following (for TT1-TT2-TT3-TT4 INCERT Services) and - acting exclusively for TT3 and TT4 - the immobilization from a distance of the vehicle equipped with a tracking system and, this, in respect to the applicable regulation.
6. Customer obligations
6.1. The Client undertakes to provide MSE with an optimal environment for the provision of the Services. In particular, the Client agrees to:
i. be informed about the regulations applicable to geolocation Services and to strictly respect them. If necessary, to obtain the free, specific, informed and unequivocal consents of the Users of the vehicle;
ii. have a (where applicable INCERT certified) Tracking device compatible with the Metatrak Platform and the QTE platform (or any ssubsequent platform) installed on their vehicle, prior to the conclusion of the Contract by an INCERT certified professional installer/assembly station in accordance with the INCERT prescriptions (unless the system has been installed originally in the vehicle) / or has been installed by himself accordingly the provided instructions;
iii. ensure of the proper functioning of the Tracking Device- in this case the verification of the transmitted signal - immediately after the placing of it and prior to the conclusion of the Contract;
iv. supervise in case of dysfunction of the Tracking Device, to undertake as soon as possible the necessary interventions;
v. read and become aware of the operating procedures of the Tracking Device, the technical items and the user manual;
vi. pay the subscription fee / pay the Remuneration according to the terms of the Contract in order to avoid an interruption of the Services ;
vii. avoid acting in any way that would likely interfere with the supply of the Services, particularly - but not exclusively - to make changes to the Tracking Device, remove the chip from the Tracking Device, use the chip of the Tracking Device in on other system, violate the rights of the chip's property.
6.2 In order to benefit of the Services during the terms of the Contract, the Client is obliged to pay the Remuneration in accordance with the agreed modalities (full payment or annual payment following the sending of an invoice or payment by electronic means confirmed by an invoice).
The Service fees are set forth in the Contract and are indicated in EUR (VAT included for the Clients).
The fees can evolve in function of the prices from the suppliers or Partners, or other expenses which contribute to the rate setting. The rates are attached in Annex 2. In case of rate change, the new rates will be notified 30 days before the Contract renewal. The Client has 15 days as from this notification to unsubscribe his Contract, if not the new fee will be effective as from the renewal of the Contract.
6.3. The Client has the obligation to read the provisions of the Royal Decree (or any regulation replacing it), from which a large extract is taken over in article 5.2. of the GSC.
6.4. The Client undertakes to use the Services responsibly and in moderation and to refrain from reporting the disappearance of the vehicle equipped with the Tracking Device in a light-hearted and inconsistent manner; in this respect, the Client is informed that :
- The deliberate activation of the theft alarm and/or assault alarm is a criminal offence (Article 328 of the Criminal Code);
- He will be held responsible for all civil and/or penal consequences resulting from a false activation of the alarm system, including the costs made by MS and/or the Monitoring Center, as well as all the penalties imposed by the authorities due to this act.
6.5. The Customer indemnifies MSE against all claims of third parties (including the Users) arising out of the Customer's the use (if any, improper) of the Services and/or breach of their obligations under the Contract and the present GSC.
6.6. The conclusion of the Contract does not release the Client from its obligations towards third parties (for ex. with respect to the insurance company with which he has taken out their insurance against theft and towards police).
In particular, where appropriate to the INCERT Services, the Client shall ensure:
- to deliver the INCERT conformity declaration delivered by the INCERT certified professional installer or assembly station to their insurance company if this is required in their theft insurance,
- where appropriate, to declare the disappearance of their vehicle to their insurance company where he subscribed his theft insurance and to the local police services.
6.7. The Client must, immediately and by written, inform MSE in case of:
- modification of his coordinates (name / corporate name / address / head office / e-mail / handy number/ etc.);
- modification of identification data of the vehicle and/or of the Tracking Device placed on the vehicle equipped with a tracking system (due to transfer of the vehicle, modification made on the Tracking Device, installation of the Tracking Device on another vehicle, etc);
- occurrence of an incident susceptible to alter the good functioning of the vehicle and/or Theft Tracking Device (accident, violent impact, etc.);
- modification of the contact person's identity;
- if applicable, modification of the insurance company by whom he is insured against theft.
6.8. If the vehicle equipped with a Tracking Device is made available to a third party or if the vehicle is lost (e.g. leased or pawned), the Client must inform MSE of it in writing.
The occurrence of any of these events shall not entitle the Client to terminate his Contract prematurely, to avoid their financial obligations under the Contract or to demand reimbursement of the already paid Remuneration.
6.9. The Client may solely assign cannot the Contract to a third party if it meets the following cumulative requirements:
- The Client shall notify to MSE in writing the details of the transferee and the new contact person, prior to the transfer.
- The assignment will only be effective when the transferee has confirmed the effective takeover of the Contract and its details, as well as those of the new contact person in writing to MSE.
In the event of assignment of the Contract in accordance with the above conditions, MSE will not make any refund.
7. Penalties for non-compliance with Contractual obligations
7.1 In the event of non-payment of the Remuneration in accordance with the agreed terms and conditions and, more generally, the non-compliance with its financial obligations by the Customer, MSE shall have the right, in addition to the remedies provided for by law and by the present article, to claim the payment of interest for late payment, without prior notification or formal notice at the rate of 12% per day of delay, as well as fixed indemnity of 15O € intended to cover the administrative cost of collection.
7.2 In case of non-payment of the Remuneration according to the agreed terms, and more generally, of non-respect of its financial obligations by the Customer, or in case of extraction of the chip form the Tracking Device and/or its use in another system than the original Tracking Device, MSE has the right, in addition to the remedies provide for by law and the present article, to suspend totally or partially the Services with immediate effect, without any other formal notice or notification, without having to seek the authorization of a Court and without having to pay a compensation to the Customer.
In case of suspension of the Services, administrative fees of 24.79€ + VAT will be charged to the Client for the reactivation of the Services.
7.3. Notwithstanding the foregoing, MSE may terminate the Contract with immediate effect, by a simple written notification, without having to seek prior authorization from a Court and without having to pay any compensation to the Client, especially if this last one :
- has failed to remedy any breach of any of its Contractual obligations thirty (30) days after having been formally put on notice to do so (where such notice has not become irrelevant);
- is unable to pay its outstanding debts, suspends or threatens to suspend payments, is declared bankrupt, goes into liquidation or shows other signs of insolvency;
- has removed the chip of the Tracking Device or uses it in another system than the original Tracking Device.
7.4. The exercise by MSE of the various options provided for under this Article shall be without prejudice to its other rights under law, in particular its right to institute legal proceedings, including criminal proceedings.
8. Warranty and limitation of liability
8.1. MSE undertakes to use its best endeavours to ensure that the Services provided comply with applicable laws and regulations.
8.2 Without prejudice to mandatory legal provisions, the liability of MSE:
- can only be implicated to provide compensation for the damage resulting directly and exclusively from a serious default of MSE and/or of its attendants, foreign to a fault and/or negligence of the Client, the Monitoring Center, QTE and/or Meta System;
- will be in any case limited to the amount of the annual Remuneration VAT included of the Services which are at the origin of such liability (maximum threshold);
- in no event shall MSE be liable for any consequential and/or indirect damages, including but not limited to loss of business, loss of revenue/turnover, interruption of activities, loss or damage to data and/or commercial loss arising out of any failure of MSE.
8.3. MSE declines any responsibility:
- in case of non-activation of the Services resulting from the unavailability of licenses, when this unavailability is not imputable to MSE;
- in the event of malfunctioning of the Tracking Device and/or default of the installation unrelated to any fault of MSE (in which case the Client is not entitled to suspend their obligations, in particular payment obligations, towards MSE, nor to terminate the Contract);
- in the event of the Clients failure to comply with its Contractual obligations towards their insurance company and/or negligence in reporting the disappearance of their vehicle to the local police services;
- in the event of failure/defaults of the Monitoring Center, QTE and/or Meta System;
- for the follow-up by the police services to the calls from the Monitoring Center
There is no joint liability or in solidum between MSE, the Monitoring Center, QTE and/or the INCERT certified professional installer/assembly station.
8.4. The Client undertakes and guarantees that the person(s) who conclude the Contract in their name is/are duly authorised to represent him.
9. Confidentiality
9.1. As long as Confidential Information is not put into the public domain by MSE, and without limitation in time, the Client undertakes to ensure and maintain the confidentiality of the Confidential Information.
In particular, the Client will refrain from communicating the Confidential Information to third parties in any way whatsoever, except:
- To the extent that such disclosure is necessary for the performance of its obligations under the Contract and provided that the third party agrees to be bound by the confidential obligations of the same extent to those contained in the GSC for all the Confidential Information so disclosed, or
- To the extent that such disclosure is required by the applicable regulation and/or authority, with prior information to MSE, in order to allow the Client to object to such disclosure, unless this information is not permitted by the applicable regulation.
9.2 The Client agrees to use the Confidential Information only for the purposes for which it was received and shall ensure that its personal are bound by an confidential obligation equal in scope to that contained in the present provision.
9.3. All Confidential Information received by the Client, in any format, support or any shape (including documents, mails and other storage media) is and stays property of MSE.
10. Force majeure
10.1. Failure to perform one or several Contractual obligations or delay in performance by MSE will not be deemed to be a default on its part, in so far as this non-performance or this delay of performance is directly due to an event of Force majeure.
10.2 When it is the victim of an event of Force majeure within the meaning of this article, MSE:
- will inform the Client immediately and by written of the circumstances and the consequences;
- will inform the Client of the suitable provisional measures to be taken and will try, with the necessary diligence, to eliminate or cancel the cause of the non-performance or the delay or to rectify it, and
- will respect its obligations, as quickly as reasonably possible, after the cause of the non-performance or the delayed performance has disappeared.
10.3 In the event that the Force majeure lasts more than two (2) months, each Party can cancel the Contract by e-mail, without this entitling the other Party to claim any compensation.
11. Personal data processing
11.1. Personal data processing by MSE and, in certain circumstances, by QTE, is described in the Privacy Policy of MSE, annexed to the GSC. The Privacy Policy of MSE is an integral part of the Contract between the Client and MSE.
11.2. The Client remains responsible for his obligations under the general Regulation (EU) 2016/679 for the protection of data and under the present GSC. Depending on the circumstances, the Client might be considered as being responsible of the Users data / contact person as well as for the geolocation data. Particularly, if the Client has a Tracking Device installed on a vehicle contracts the Services for the benefit of a User / contact person, the Client is responsible for ensuring the legal basis for the processing of personal data and more particularly, if applicable, the consent of the data subject.
12. Intellectual property
The texts, names, logos, lay-outs, illustrations and other elements relative to the Services appearing on the internet site / in the commercial documentation of MSE are protected by the intellectual property rights that may apply. All these elements constitute the property of MSE and/or to a third party from whom MSE has obtained the necessary authorizations. Any reproduction is strictly forbidden without prior written approval of MSE. Each request must be addressed to MSE by e-mail at the following address info@mseurope.be.
13. Complaints and out-of-court settlement of disputes
13.1. For any eventual complaint, the Client can contact the Client Service of MSE (Telephone: +32 (0)2 223 08 63 // E-mail: metatrak@mseurope.be/ Postal address: Rue des Palais, 44 Boîte 52 à 1030 Schaerbeek (Belgique)).
13.2 If the Client has already tried to settle the dispute directly with MSE without reaching a solution, the Client can submit the dispute to the ASBL Service de Médiation pour le Consommateur (BCE 0553.755.479). Boulevard du Roi Albert II 8 Bte 1 - 1000 Brussels (Tel: 02/702.52.20 / Fax: 02/808.71.29 / Mail: contact@mediationconsommateur.be / https://www.mediationconsommateur.be/fr).
13.3 In case of a complaint about a Contract concluded on line (if applicable), the Client can also turn to Online Dispute Resolution Platform developed on a European level in order to try to solve the conflict with MSE in an extra-judicial way: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
14. Null and void
If any provision of the present GCS should be declared void or unenforceable, the Parties agree that the remaining provisions of the present GCS will survive, except if the invalid provision is an essential provision and that the GCS cannot be modified in good faith in preserving or restoring the balance of rights and obligations of the Parties. The Parties agree to replace the annulled provision by a new provision as close as possible to the one cancelled, in adhering the spirit of the cancelled one.
15. Proof
Between the Parties, the transactions, operations on the network, electronic communications, connexions and other electronic manipulations can be proven by the means of .log files, e-mails and transaction files that can be stored by MSE on electronic media. The Client accepts the evidential value of these data. This possibility of proof does not prevent the Parties from using any other means of proof authorised by the law.
16. Interpretation
In case of doubt on the interpretation to give at the present GCS, the French version shall prevail over all other versions.
17. Applicable law and competent courts
17.1. The present GCS and the formation, execution and interpretation of the Contract are governed by Belgian law, without prejudice to the right of the Client having their residence outside the Belgian territory to take advantage of mandatory provisions of their national law.
17.2. Any conflict between the Parties concerning the formation, execution and interpretation of the present GCS and the Contract which are not resolved amicably, will be of the exclusive competence of the French speaking court in Brussels, without prejudice to the right of the Clients to avail themselves of the provisions of the Regulations (EU) nr. 1215/2012 of European Parliament and the Council of December 12, 2012, concerning the jurisdiction, the recognition and the execution of decisions in civil and commercial matters.

ANNEX I: PRIVACY POLICY MSE APPLICABLE TO THE SERVICES

1. Generalities
SRL Mobile Systems Europe, society of Belgian right with head office at 1030 Schaerbeek, Rue des Palais, 44/52 and registered at BCE under number 0879.633.414, info@mseurope.be, bank account number : BE86 0014 8134 0550 / insurance: AG Insurance / policy nr. 99578477 (hereafter " MSE "), provides the Services as described in the Contract of Services and the Contract of INCERT Services ("Services"), conform to the General Service Conditions ("GSC"). MSE appointed a delegate to the protection of personal data (DPO) reachable at dpo@mseurope.be.
The MSE Service Contract MSE and the INCERT Service Contract are collectively covered by the term "Contract".
The definitions of the Contract and GSC are applicable at the present.
2. Roles and stakeholders
The present privacy policy ("MSE Privacy Policy") is a part of the GCS and informs on the way MSE treats personal data of Clients and/or Users.
i. Clients :
"Client", i.e. the natural person who acquires the MSE Services for non-commercial, industrial, artisanal or liberal purposes, and
"Professionals", i.e. natural or moral entity who acquires MSE Services for the sole purpose of the pursuit of their economic activity, but not for resale purposes. The Professionals may acquire the Services for their own personal use or for the benefit of a User.
ii. "Users": individual (natural persons) who have a direct relationship with the Clients and who receive Services under a Contract between MSE and the Client. The User is also considered to be the contact person or driver of the vehicle on which the Tracking Device has been installed.
MSE intervenes as a Controller or Processor of the treatment of personal data according to the different treatments and different stakeholder depending in status of the Client, in accordance with the applicable regulation.
MSE ensures compliance with the obligations foreseen by the Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 relative to the protection of physical persons with regard to the processing of personal data and the free movement of such data ("GDPR") or of any other provision of the Union right or the right of Union members relative to the protection of data, notably to the confidentiality and the security of those data.
MSE provides the Services in conjunction with the following "Partners":
17.3. Quasar Telematics Europe S.r.l. ("QTE") : company under Italian law with head office at Via Meuccio Ruini n.10, 42124 Reggio Emilia, Italy ; registered under number : IT02650440353
o https://www.qtelematics.eu/
o dpo@qtelematics.eu
- Security Monitoring Centre ("Monitoring Center") : company under Belgian law, Avenue Charles Quint 345, 1083 Ganshoren / BCE : 0454.284.850; Licensed security company nr. 16.1027.01 / Certified Center INCERT TB-0004 / IBAN BE 42 0017 3457 5154 / insurance company : ACE EUROPEAN GROUP LTD / policy nr : 7.500.206
o +32 (0)2 646 08 42
o info@smc-net.be
o https://securitymonitoringcentre.be/en/homepage
The personal data from the Client and/or User are transferred to the Partners for the execution of the Services. The Services cannot be provided without this transfer.
3. The different ways in which MSE processes personal data
MSE will process personal data for the following purposes and activities:
3.1 Execution of the Services
3.1.1. Finality: any processing necessary for the performance of the Contract and the provision of the Services in accordance with GSC, which includes activities such as encoding and processing the data by the MetaTrak/QTE and MSE platforms, the communication with the Partners or third parties (such as the Police), assistance to the Client and/or User in the event of an incident, management of the notifications to the Client and/or User, administration/provision of ancillary and support Services, management of specific demands of the Client/and or User
3.1.2. Categories of personal data of the Customer and, if applicable of the User: Customer and User identification data, vehicle identification data, ad hoc vehicle the geolocation, sound recordings of telephone communications, notifications to the Customers, Users, Partners and/or third parties (for the provision of ancillary services), customer support requests, etc.
3.1.3. Legal bases :
- With respect to the Clients natural person (NP) :
o the execution of a Contract to which the Client is a party (article 6.1.b) of the RGPD, and
o in case of specific demands or ad hoc, the consent (6.1.a) GDPR).
- With respect to the Users :
o The legitimate interest of MSE and/or of QTE to provide, manage and administer their Services, to respond at the requests of Clients, fill in their Contractual obligations and to provide the adapted and adequate Services (article 6.1.f.) of GDPR).
o The legitimate interest of the Client to assure the security of their property or to fulfil his insurance obligations. For more information concerning the applicable legal basis for processing by or on behalf of the Client, it is the responsibility of the User to inquire of the Client (i.e. the entity through which the User benefits from the Services).
o In case of a specific request or ad hoc, the treatment is based on the consent of the User (6.1.a) RGPD).
- For the Clients NP and Users :
o Certain personal data are required under the terms of the Royal Decree of May 17, 2002, regulating the methods of the Monitoring Centers using a tracking system, the treatment is thus based on a legal obligation (6.1.c) RGPD). This is applicable on the treatment of data identification of the contact person and the vehicle, as well as on the geolocation of the vehicle in case of an incident.
3.1.4. Conservation : the personal data are kept for the duration of the Contract and 30 days after the end of the Contract. All personal data integrated into documents that may have legal effects will be archived for 10 years from the end date of the Contract or the date on the document to meet legal obligations, and to defend the interests of MSE in case of litigation.
Geolocation data
Please note that, in the context of performing the Services, MSE and the Partners need to process geolocation data. Under article 5.3 of the Privacy directive 2002/58, this processing is strictly necessary for the provision of an information society service expressly requested by the subscriber or user. In this regard, MSE acts as a data processor for the Customer when the Customer contracts the Services for the benefit of a User.
Geolocation data is processed in order to provide the geolocation Services, which is an information society service. In this regard, the Client and the Users have access to the MetaTrak application to manage the geolocation data and administer their preferences. The Client and/or User can at any time disable the geolocation function on the MetaTrak Application or upon request to MSE. The default retention period is the duration of the activation of the Services. The Client or User may change and freely determine the length of time geolocation data which is retained in the MetaTrak Application at any time. Upon termination of the Agreement, the geolocation data will be deleted after 30 days. For more information, please visit the Metatrak Application settings.
3.2. Processing for the purpose of client management:
Finality : any processing necessary for customer management and administration of Contracts, such as order management, delivery tracking, invoicing, communication of data between Partners, modification of Contractual data, etc.
3.2.1. Categories of personal Clients data and, if applicable of the User: identification data of the data subject, vehicle identification data, sound recordings of telephone communications, communication of administrative information between Partners, etc.
3.2.2. Legal basis :
Concerning the treatment of Clients NP data:
the execution of a Contract to which the data subject is a party (article 6.1. b) of RGPD), and concerning the Users :
the legitimate interest of MSE and where applicable, QTE, to manage and administer their clients base, to fulfil their Contractual obligations, to develop their offer and to innovate and provide adapted and adequate Services (article 6.1.f.) of GDPR).
3.2.3. Conservation: the personal data are kept for the duration of the Contract and 30 days after the end of the Contract. All personal data integrated into documents that may have legal effects will be archived for 10 years from the end date of the Contract or the date on the document to meet to legal obligations, and to defend the interests of MSE in case of litigation
3.3. Processing of promotional purposes:
3.3.1. Finality : Insofar as the Customer expressly consents, MSE processes the Clients data for the purpose of profiling purchases and sending commercial communications.
3.3.2. Categories of personal data of the Client: name, mail address and purchase history.
3.3.3. Legal basis : This process is based on the consent of the receiver (6.1 a) GDPR). The Client can withdraw their consent at any time by sending an e-mail at the following address: dpo@mseurope.be or via the link included in commercial communications.
3.3.4. Conservation : the personal data are kept during the Contract period and 2 years after that or as long as the receiver of advertising letters has not unsubscribed from the mailing list (through the option provided in the emails).
4. Recipients of the data
The personal data may be communicated to third parties, sub-Contractors and/or Partners in certain circumstances.
4.1. Third party
MSE may disclose personal data in certain cases:
- when required to do so by law ;
- when MSE is involved in the purchase or sale of the business or assets or the assignment of Contracts;
- when necessary for the purpose of enforcing the GSC or other Contracts;
- when necessary to protect the rights, property or the security of MSE, their clients, or others.
MSE is not responsible of the processing of personal data by any third party. This processing is carried out under the responsibility of these third parties. For any request or question, data subjects may directly contact the relevant third party.
4.2. Subcontractors
MSE uses subcontractors (for ex. IT infrastructure, servers located abroad) to process personal data on the instructions of and on behalf of MSE. In this case, MSE undertakes to take the necessary measures to guarantee the confidentiality of the data and ensure their integrity and, if subcontractors are established outside the EEA, to ensure an adequate level of protection (for ex. Contractual clauses available on request by mail dpo@mseurope.be).
4.3. Partners
MSE communicates the personal data to the Partners (QTE and Monitoring Center), due to the execution of the performance of the Contract. The Services cannot be provided without this transfer. Visit the web sites of our Partners for more information :
- https://securitymonitoringcentre.be/en/homepage
- https://www.qtelematics.eu/
5. Rights of access, rectification, deletion, portability, opposition, restriction and withdrawal of consent
5.1 In accordance with the provisions of the GDRP, the visitor has the right to:
- Request free access to their personal data;
- have their personal data corrected free of charge they are incorrect or incomplete;
- request the deletion of personal data or object to the use of personal data in the cases provided for by the GDRP;
- object without specifying any reason to the use of their personal data for direct marketing purposes;
- have the processing of their data restricted in the cases provided for by the GDRP..
In cases where the processing of their data is based on their consent, the data subject has also the right to :
- receive the data in a structured format and have it transmitted to another company (right to portability); and
- withdraw their consent at any time by sending free of charge an email to dpo@mseurope.be.
To exercise the above-mentioned rights, the visitor can contact the client service of MSE by email to metatrak@mseurope.be.
5.2 In any circumstances, the visitor has the right to introduce a complaint at the Authority of the protection of data (Rue de la Presse, 35 à 1000 Bruxelles - contact@apd-gba.be).
6. Contact
In case of questions or complaint, the visitor can contact the client service of MSE:
- by sending a letter to the client service of MSE: Rue des Palais 44/52, 1030 Schaerbeek.
- by email: metatrak@mseurope.be
7. Geolocation
The Client and/or User understand it is necessary to process the location data to enable the performance of the Contract, otherwise the Contract cannot be adequately and fully performed. Therefore, the Client and/or User understand that by entering into and executing the Contract and by accepting the Services, they acknowledge and agree to the processing of the geolocation data. The geolocation feature can be switched off at any time in the MetaTrak application.
If a Client or User formulates a specific demand concerning the geolocation of the vehicle, by email or phone, they are considered as having consented to the processing of geolocation or other data necessary for the execution of their request.

ANNEX II: APPLICABLE RATES AS FROM JANUARY 1st 2022

Service Description RATE VAT incl (21%) Period (months)
TT1-TT3 Incert PREMIUM 1Y Geolocation Service norm TT1/TT3 Incert certified (insurance). Mobile client application " MetaTrak Plus " + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking. Monitoring by Monitoring Center 24h/24 in case of theft. International roaming included. 320,65 € 12
TT2-TT4 Incert PREMIUM 1Y Geolocation Service norm TT2/TT4 Incert certified (insurance). Mobile client application " MetaTrak Plus " + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking. Monitoring by Monitoring Center 24h/24 in case of theft. International roaming included 320,65 € 12
EasyTrak Smart 1Y Geolocation Service norm SMART Incert certified (insurance). Mobile client application " MetaTrak Plus " + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking. Monitoring by Monitoring Center 24h/24 in case of theft. International roaming included. 99,00 € 12
EasyTrak Fleet 1Y Geolocation Service FLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking and sending of notifications/alerts. Monitoring Center available 24h/24 in case of theft. International roaming included. 121,00 € 12
EasyTrak Fleet 3Y Geolocation Service FLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking and sending of notifications/alerts. Monitoring Center available 24h/24 in case of theft. International roaming included. 326,70 € 36
SecurityTrak Smart 1Y Geolocation Service SMART. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 99,00 € 12
SecurityTrak Fleet 1Y Geolocation Service FLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included 121,00 € 12
SecurityTrak Fleet 3Y Geolocation Service FLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 326,70 € 36
SecurityTrak Basic 3Y Geolocation Service BASIC Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) and sending of notifications/alarms. Without real time tracking. International roaming included 145,20 € 36
MetaFLEET 1Y Geolocation Service MetaFLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 166,98 € 12
MetaFLEET 3Y Geolocation Service MetaFleet. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 392.04 € 36
TT0 Incert bike 1Y Geolocation Service TT0 norm Incert certified (insurance) for motorcycles. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 145,20 € 12
TT1-TT3 Incert BASIC 1Y Geolocation Service TT1/TT3 Incert certified. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) and sending of notifications/alarms. Without real-time tracking. International roaming included 242,00 € 12
TT2-TT4 Incert BASIC 1Y Geolocation Service TT2/TT4 Incert certified. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it) and sending of notifications/alarms. Without real-time tracking. International roaming included. 242,00 € 12
T110 Start 1Y Geolocation Service FLEET. Mobile client application "MetaTrak Plus" + access to the web application (https://lite.metatrak.it / https://metatrak.it) with real-time tracking and sending of notifications/alarms. Monitoring Center available 24h/24 in case of theft. International roaming included. 121,00 € 12
Pulsar 3Y Geolocation Service PULSAR. Mobile client application " Pulsar ". Monitoring Center available 24h/24 in case of theft. International roaming included. 99,00 € 36

Once activated (1st communication from the installed box), the Service is considered activated and cannot be modified nor cancelled anymore until the renewal of the period.

More information on https://metasystem.be/en/metatrak-plus-2 and https://metasystem.be/en/metatrak-pulsar-2/