The Contract is concluded for a fixed term and is automatically renewed unless one of the parties objects by sending a registered letter at least 90 days before the expiration date. The execution of the Contract, including the payment of the invoice for the Services, confirms the conclusion of the Contract and the acceptance of the GSC.

GENERAL MSE SERVICE CONDITIONS (applicable from February 1, 2025)
1. Definitions
Under the terms of these General Service Conditions (“GSC”):
“Central monitoring station”: Central monitoring station which manages tracking systems with the aim of preventing or establishing the disappearance, damage or destruction of a vehicle equipped with a tracking system in accordance with its legal obligations. For the purposes of these Conditions, the Central Monitoring Station is S.P.RL. SECURITY MONITORING CENTRE, licensed security company nr. 16.1027.01, having its registered office at Avenue Charles Quint 345, 1083 Ganshoren and registered with the B.C.E. under number 0454.284.850., reachable at telephone number +32 (0)2 646 08 42 and e-mail address info@smc-net.be, registered as an INCERT TB-0004 certified central // IBAN BE 42 0017 3457 5154 // insurance organization: ACE EUROPEAN GROUP LTD / policy nr: 7.500.206.
1.1. “Customers”: Covers both:
– “Consumers”, i.e. natural persons who acquire Services from MSE for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity; and
– “Professionals”, i.e. natural or legal persons who acquire Services from MSE as part of the ongoing pursuit of their economic activity, but not for resale purposes. Professionals may acquire Services for their own use or for the benefit of a User.
1.2. “Contract”: agreement on the provision of Services entered into between the Customer and MSE, under which MSE offers services involving geolocation services (if applicable INCERT certified), support services, and the intervention of a Central Monitoring Station, in return for payment by the Customer of the Remuneration to MSE (unless the Services are part of a prepaid pack purchased from the INCERT certified professional installer / mounting station). This term includes the INCERT Services Contract and the MSE Services Contract.
1.3. “Services Activation / Renewal Date”: Date on which the license enabling the Customer to benefit from the Services is (re)activated. It is also the date of entry into force of the Contract established by the activation of the Services by the professional installer / certified installation station) INCERT / or the Customer himself. In the event of reactivation of the Services after an interruption, this is the date of effective renewal of the Services.
1.4 “Confidential Information”: All information or data (technical or other) and all know-how, whatever their form, format or medium, which concern the activities, services or products of MSE and which the latter makes available to the Customer within the framework of the provision of the Services.
1..5 “Force Majeure”: All extraneous 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 Customer.
For the purposes of these terms and conditions, force majeure includes (but is not limited to) events such as:
– Fire, explosion, failure, incompatibility or evolution of transmission networks, collapse of installations, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government or boycott.
– disruptions/interruptions to the platform used by MSE (the MetaTrak Platform and the QTE Platform or any other platform that may succeed them) and/or to the MSE website and/or to telecommunication services;
– strikes, lock-outs or other industrial disputes, including in telecommunication services;
– a shortage or reduction in manpower, materials, means of transport or public services, or disruptions to the supply of energy or telecommunication/Internet networks;
– an essential change in the legislation applicable to the Services;
– legal provisions that would significantly restrict the scope of the Services or their use;
– a Force Majeure event invoked by the Central Monitoring Station and/or QTE.
1.6 “Tracker”: includes the terms “Tracker” in the MSE Services Contract and “INCERT Certified Anti-theft Tracker” in the INCERT Services Contract, which refer to the equipment required to ensure vehicle geolocation.
1.7 “QTE” Quasar Telematics Europe S.r.l. a company incorporated under Italian law, whose registered office is located at Via Meuccio Ruini n.10, 42124 Reggio Emilia, Italy; registered under the number: IT02650440353 (https://www.qtelematics.eu/), contactable at the following e-mail address: dpo@qtelematics.eu.
QTE administers and makes available several tools necessary for the execution of the Services: the MetaTrak Platform / the QTE Platform / the Metatrak Application.
1.8. “Meta System” means Meta System S.p.A., a company incorporated under Italian law, having its registered office in Italy at Via T. Galimberti 5, 42124 Reggio Emilia. Galimberti 5, 42124 Reggio Emilia, registered number 00271730350 – N°R.E.A.120639, e-mail address dpo@metasystem.it / privacy@metasystem.it. Meta System S.p.A. is the manufacturer of the
1.9 tracker. “MSE”: Mobile Systems Europe S.R.L., a company offering geolocation services for sale, whose address for the execution of the contract is Chaussée de Bruxelles 135A bte 3, B-1310 La Hulpe, registered with the B.C.E. under number 0879.633.414, Tel: +32 (0)2 223 08 63, e-mail: info@mseurope.be / Bank account number: BE86 0014 8134 0550 / insurance company: AG Insurance / policy no.: info@mseurope.be. of the policy: 99578477.
1.10. “Party”: MSE or the Customer (together the “Parties”).
1.11. “User”: natural person who benefits from the Services by virtue of a Contract concluded between MSE and the Customer, which person generally includes the driver of the vehicle and the contact person identified in the Contract.
1.12. “Remuneration”: Amount corresponding to the consideration to be paid by the Customer to benefit from the Services during the term of the Contract and covering the communications costs inherent in the Services, excluding the costs inherent in the provision of Services (and any interventions) outside Belgian territory.
1.13. “Service(s)”: any provision of Services supplied by MSE under the Contract, consisting of the Services included in the chosen Service package, comprising an element of geolocation, support, and the sending of an alarm to the Monitoring Centre or its intervention in certain circumstances, relating to vehicles equipped with a Beacon. The Services may be “INCERT” certified as described in point i., or not as described in point ii.
i. Depending on the Service package chosen, the Services and Tracker are INCERT-certified, corresponding to the specifications for the TT0, TT1, TT2, TT3 and TT4 INCERT standards.
INCERT Services include sending an alarm to the Monitoring Center in the following cases:
– vehicle towing with engine off (TT1-TT3-TT4 standards);
– failure to identify driver (TT2-TT4 standard);
– sabotage, disconnection of main power source (TT1-TT2-TT3-TT4 standards).
ii. Other MSE Services involve sending an alert to the contact person identified in the MSE Service Contract in the following cases:
– vehicle towing with engine off;
– failure to identify the driver (depending on equipment and type of service);
– sabotage, disconnection of main power source.
It is the contact person’s responsibility to contact the Monitoring Center in the event of an incident. Specific alerts vary according to the type and package of Service ordered.
2. Derogations, modifications and non-application
2.1. The present GTS may only be derogated from by means of a written document or offered on a durable medium, issued by MSE and expressly accepted by the Parties.
2.2. In the event of any contradiction between these GTS and
– the specific provisions of the Contract, the specific provisions of the Contract shall prevail;
– other conditions of MSE, these GTS shall prevail.
2.3. These GTS exclude the application of any conditions mentioned in documents issued by the Customer and/or third parties, even if these documents are dated later.
2.4. The non-application by MSE of one or more provision(s) of the Contract and/or the GTS may never be considered by the Customer as a waiver by MSE of its right to invoke said provision(s).
3. Duration
3.1. The Contract is concluded for a fixed term, which depends on the Service package chosen by the Customer.
The Contract is concluded for a fixed term, which depends on the Service package chosen by the Client. The Contract is automatically renewed unless one of the parties objects by sending a registered letter at least 90 days before the expiration date. In principle, the term of the Contract starts from 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 send to the Client in order to proceed to the payment, either 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. Obligations of MSE
4.1. Within the limits and according to the terms described in these GTS and in the Contract, MSE undertakes to (re)activate the Services on the Service Activation / Renewal Date.
MSE’s obligation to provide the Services is an obligation of means.
4.2. As soon as the Contract is concluded, MSE undertakes to:
– do everything in its power to ensure that the Services are activated within 48 hours of the Contract being concluded;
– send the Customer, by SMS or e-mail, the access codes (login / password) which will enable him to access the mobile application and/or the Customer portal depending on the type of service selected;
– if necessary, send the data required by the Monitoring Centre and QTE to carry out the Services.
4.3. MSE shall inform the Customer in writing of any changes to these GTS and/or the Contract thirty (30) days before such changes take effect.
The Customer has a period of thirty (30) days to react and, if necessary, to object.
If the Customer wishes to object to the application of the modified contractual conditions, he must do so by registered letter addressed to MSE; in this case, the Contract will automatically terminate on the date on which the said modifications come into force, without further notification and without either Party being entitled to claim any compensation whatsoever.
5. Designation of the Monitoring Center and description of its role and obligations (if applicable depending on the Service package chosen)
5.1. MSE has the right to choose the monitoring center with which it works, provided that the latter is approved. Nothing in these GCS obliges MSE to maintain a contractual relationship with a specific Monitoring Center.
5.2. The role and obligations of the Central Monitoring Station are described in particular in the Royal Decree of May 17, 2002 regulating the methods of central monitoring stations using monitoring systems (“Royal Decree”), or any regulation that may replace it.
In particular, the Monitoring Center informs only the police contact point – and not the contact person provided by the Customer or other persons and bodies – of the location of the vehicle(s) equipped with a tracking system, and provides the police contact point with the means of locating the vehicle(s) equipped with a tracking system.
(a) After receiving a message about an apparently suspicious missing vehicle, the Central Monitoring Station checks whether the disappearance is abnormal.
– If the Central Monitoring Station ascertains that the Customer (and, if applicable, the User) is probably in a situation of danger in the missing vehicle, it limits itself to attempting to contact the contact person indicated by the Customer and, if it concludes that the vehicle equipped with a tracking system has disappeared in an abnormal manner, it transmits to the police contact point the information provided for in the Royal Decree or any regulation that may replace it (identification of the vehicle, contact details of the contact person, circumstances of the disappearance, time of disappearance, location and real-time tracking of the missing vehicle, how it was notified of the disappearance and any other information requested by the competent authority to help clarify the disappearance) and carry out police instructions.
– In all other cases, the Central Monitoring Station ascertains the abnormal nature of the disappearance of the vehicle equipped with a tracking system by contacting the contact person provided by the Customer and, if it concludes that the vehicle equipped with a tracking system has disappeared abnormally, informs the contact person provided by the Customer that he/she will report the disappearance to the police contact point and immediately reports the disappearance to the police contact point, providing the information required by the Royal Decree or any subsequent regulation (vehicle identification, contact details of the contact person, circumstances of the disappearance, time of disappearance, location and real-time tracking of the missing vehicle, the manner in which the contact person was notified of the disappearance and any other information requested by the competent authority that may help to clarify the disappearance).
As soon as it has verified the abnormal nature of the disappearance of the vehicle equipped with a tracking system and attempted to reach or contact the contact person, it can intervene on a vehicle equipped with a tracking system before reporting the disappearance to the police contact point by deactivating the engine start function in such a way that after the engine has been completely stopped for at least 30 seconds, it no longer starts.
(b) Once it has reported the disappearance to the police contact point, the Central Monitoring Station carries out only the instructions of the police contact point. In addition, the Monitoring Centre can intervene remotely on the vehicle equipped with a tracking system and resort to one of the following actions:
– speed reduction up to 90 km/hour;
– other actions determined by the competent authorities.
(c) The Monitoring Centre can intervene remotely on the vehicle equipped with a tracking system and resort to the actions mentioned under (b) in the event of absconding following the commission of a felony or misdemeanour punishable by five years’ imprisonment or a more serious penalty, without having attempted to reach the contact person previously provided by the Customer.
(d) The Central Monitoring Station keeps the information (vehicle identification, contact details, circumstances of the disappearance, time of the disappearance, location and real-time tracking of the missing vehicle, how it was notified of the disappearance and any other information requested by the competent authority that may help to clarify the disappearance) for a period of 5 years at the disposal of the judicial authorities and the police services mandated by them.
5.3. The Monitoring Centre undertakes to have a sufficient number of on-call personnel (minimum 2 people) on duty at its station, 24 hours a day, throughout the calendar year (including public holidays), ready to respond to any alarm signal sent by a monitoring system connected to the server, through MSE for location, tracking (in the case of INCERT Services TT1-TT2-TT3-TT4) and – in the case of TT3 and TT4 only – remote immobilization of the vehicle equipped with the system, in compliance with applicable regulations.
6. Customer obligations
6.1. The Customer undertakes to provide MSE with an optimum environment in which to provide the Services. In particular, the Customer undertakes:
i. to inform himself of the regulations applicable to the Geolocation Services and to comply scrupulously with their provisions and, where applicable, to obtain the free, specific, informed and unequivocal consent of the Users of the vehicle;
ii. have a Tracker (if applicable INCERT certified) compatible with the MetaTrak Platform and the QTE Platform (or any other platform that may succeed them) installed on board his vehicle, prior to the conclusion of the Contract, by a professional installer / mounting station INCERT certified in accordance with INCERT prescriptions (unless the system is originally placed in the vehicle) / or install it himself in accordance with the instructions provided for this purpose;
iii. ensure the proper functioning of the Tracker – in this case verification of the signal emitted – immediately after its installation and prior to the conclusion of the Contract;
iv. ensure, in the event of malfunctions of the Tracker, to carry out the necessary interventions as soon as possible;
v. take note of the operating procedures of the Tracker, its technical data and the manual for its use;
vi. honor subscription fees / pay Remuneration in accordance with the terms of the Contract in order to avoid interruption of Services;
vii. refrain from acting in any way that might interfere with the provision of Services, including – but not limited to – making modifications to the Tracker, extracting the Tracker’s map, using the Tracker’s map in another system, infringing the property right on the map.
6.2. In order to benefit from the Services for the duration of the Contract, the Customer is obliged to pay the agreed Remuneration in accordance with the agreed terms (payment in full or payment in annual instalments; payment following the sending of an invoice or payment by electronic means confirmed by an invoice).
Prices for Services are set out in the Contract and are quoted in EUR (including VAT for Consumers).
Rates are subject to change in line with supplier and partner prices, or other charges that contribute to rate-setting. Tariffs are reproduced in Appendix 2. In the event of a tariff change, the new tariffs will be notified 30 days prior to renewal of the Contract. The Customer has 15 days from this notification to terminate the Contract, failing which the new tariffs will apply to the renewal of the Contract.
6.3. The Customer is obliged to take note of the provisions of the Royal Decree (or any regulation that may replace it), a large extract of which is reproduced in article 5.2. of the GSC.
6.4. The Customer undertakes to use the Services responsibly and in moderation and to refrain from reporting the disappearance of the vehicle equipped with the Beacon in a careless and inconsistent manner; in this respect, the Customer is informed that:
– The deliberate activation of theft and/or assault alarms is a punishable offence (article 328 of the French Penal Code);
– he/she shall be liable for all civil and/or criminal consequences resulting from faulty activation of the alarm system, including any costs incurred by MSE and/or the Central Monitoring Station, as well as any fines imposed by the authorities as a result.
6.5. The Customer shall indemnify MSE against any claims by third parties (including Users) arising from the Customer’s (possibly inappropriate) use of the Services and/or breach of the Customer’s obligations under the Agreement and these GTS.
6.6. The conclusion of the Contract in no way releases the Customer from his obligations to third parties (e.g. in relation to the insurance company with which he has taken out his theft insurance and to the police).
In particular, where applicable to INCERT Services, the Customer shall:
– provide the INCERT declaration of conformity issued by an INCERT-certified professional installer or assembly station to his insurance company if required under his theft insurance,
– where applicable, report the disappearance of his vehicle to the insurance company with which he has taken out his theft insurance) and to the local police.
6.7. The customer is obliged to inform MSE immediately and in writing in the event of:
– modification of contact details (name / company name, home / head office address, e-mail address, G.S.M. number, etc.);
– modification of the vehicle’s identification data and/or of the Beacon placed on the vehicle equipped with a tracking system (due to transfer of the vehicle, modification of the Beacon, installation of the Beacon on another vehicle, etc.);
– any incident likely to affect the proper operation of the vehicle and/or the anti-theft tracker (accident, violent impact, etc.);
– modification of the contact person’s identity;
– if applicable, modification of the identity of the insurance company with which it is insured against theft.
6.8. If the vehicle fitted with the Tracker is made available to a third party, or if the vehicle disappears (e.g. by being leased or pledged), the Customer must inform MSE in writing.
The occurrence of any of these events shall not entitle the Customer to terminate the Contract prematurely, to avoid its financial obligations under the Contract, or to demand reimbursement of any Remuneration already paid.
6.9. The Customer may only assign the Contract to a third party if the following cumulative requirements are met:
– The Customer must notify MSE in writing of the details of the assignee and the new contact person prior to the assignment;
– The assignment will only be effective once the assignee 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 reimbursement.
7. Penalties for non-compliance with contractual obligations
7.1. In the event of non-payment of the Remuneration according to the agreed terms and, more generally, of the Client’s failure to fulfill its financial obligations, MSE shall have the right, in addition to the remedies provided by common law and this article, to claim the following late payment interest and lump-sum compensation.
• For Professional Clients: Without prior notice or formal demand, late payment interest calculated at a rate of 15% per year, as well as a lump-sum compensation of 150 EUR to cover administrative collection costs.
• For Consumer Clients: After a formal demand in the form of a first reminder and after the expiration of a period of at least 14 calendar days, starting from the third business day following the date the reminder is sent, late payment interest calculated at the rate referred to in Article 5, paragraph 2, of the Law of 2 August 2002 on combating late payment in commercial transactions, as well as a lump-sum compensation of 30 EUR, increased by 10% of the amount due on the portion between 150.01 EUR and 500 EUR, intended to cover administrative collection costs.
7.2. In the event of non-payment of the Remuneration according to the agreed terms and, more generally, of the Client’s failure to fulfill its financial obligations, or in the event of the removal of the Tracker’s SIM card and/or its use in a system other than the original Tracker, MSE shall have the right, in addition to the remedies provided by common law and this article, to suspend the Services in whole or in part, with immediate effect, without further formal demand or notice, without seeking prior authorization from a Court, and without owing any compensation to the Client. In case of service suspension, administrative fees amounting to €24.79 + VAT shall be due by the Client upon reactivation of the Services.
7.3. Notwithstanding the foregoing, MSE may terminate the Contract with immediate effect, by simple written notification, without seeking prior authorization from a Court and without owing any compensation to the Client, particularly if the Client:
• Has not remedied any breach of its contractual obligations within fifteen (15) days after having been formally requested to do so (where such formal request has not become irrelevant);
• Is unable to pay its outstanding debts, suspends or threatens to suspend payments, is declared bankrupt, enters liquidation, or shows other signs of insolvency;
• Has removed the Tracker’s SIM card or is using it in a system other than the original Tracker.
7.4. MSE’s exercise of the various options provided under this Article shall be without prejudice to its other rights under common 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 efforts to ensure that the Services provided comply with applicable laws and regulations.
8.2. Without prejudice to mandatory legal provisions, MSE:
– may only be called upon to compensate for damage resulting directly and exclusively from a serious failure on the part of MSE and/or its agents, unrelated to the fault and/or negligence of the Customer, the Central Monitoring Station, QTE and/or Meta System;
– shall in any event be limited to the amount of the Annual Remuneration (incl. VAT) for the Services which give rise to the said liability (maximum threshold);
– shall in no event be liable for any consequential and/or indirect damages, including but not limited to loss of business, loss of revenue/sales, business interruption, loss or deterioration of data and/or commercial damages arising from any failure of MSE.
8.3. MSE declines all responsibility:
– in the event of non-activation of Services resulting from the unavailability of licenses, where such unavailability is not attributable to the customer;
– in the event of failure of the Beacons and/or defects in the installation of the Beacons not caused by any fault of MSE (the Customer not being authorized in this case either to suspend its obligations (in particular payment obligations) to MSE, or to terminate the Contract);
– in the event of the Customer’s failure to comply with his contractual obligations towards his insurance company and/or his negligence in reporting the disappearance of the vehicle to the local police;
– in the event of failures / shortcomings on the part of the Monitoring Center, QTE, and/or Meta System;
– for the police’s response to calls from the Central Monitoring Station.
There is no joint or several liability between MSE, the Central Monitoring Station, QTE and/or the INCERT-certified professional installer/assembly station. The customer’s attention is drawn to the fact that the existence of a compatible telecommunications network is essential for the operation of the services. It is the customer’s responsibility to find out whether such a network exists in the territory in which he/she wishes to use the service in question.
8.4. The Customer undertakes and warrants that the person(s) entering into/concluding the Contract on his/her behalf is/are duly authorized to represent him/her.
9. Confidentiality
9.1. As long as Confidential Information is not put into the public domain by MSE, and without limitation in time, the Customer undertakes to ensure and maintain the confidentiality of Confidential Information.
In particular, the Customer shall refrain from communicating 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 Agreement and provided that such third parties agree to be bound by confidentiality obligations equal in scope to those contained in the TOS for all Confidential Information so disclosed; or
– insofar as it concerns a communication required by the applicable regulations and/or by an authority, subject to prior information of MSE, in order to allow the Customer respectively to object to such communication, unless such information is not permitted by the applicable regulations.
9.2. The Customer undertakes to use the Confidential Information only for the purpose for which it was received and will ensure that its personnel are bound by an obligation of confidentiality equal in scope to that contained in this provision.
9.3. Any Confidential Information received by the Customer, in any format, medium or form whatsoever (including documents, e-mails and other storage media), is and remains the property of MSE.
10. Force majeure
10.1. Non-performance of one or more contractual obligations or delay in performance by MSE shall not be deemed to be a default on its part to the extent that such non-performance or delay in performance is directly due to an event of Force Majeure.
10.2. In the event of a Force Majeure event within the meaning of this article, MSE shall:
– immediately inform the Customer in writing of the circumstances and their consequences;
– consult with the Customer on the appropriate provisional measures to be taken and attempt, with due diligence, to eliminate or remove the cause of the non-performance or delay or to remedy it; and
– fulfil its obligations, as soon as reasonably possible, after the cause of such non-performance or late performance has disappeared.
10.3 In the event that the Force Majeure event lasts longer than two (2) months, either Party may terminate the Contract by e-mail, without entitling the other Party to claim any compensation.
10.4 MSE shall not be liable for the total or partial non-performance, or total or partial suspension of performance, of any of its obligations if it proves that the burden of performance of such obligation is aggravated by the occurrence of an unforeseeable event beyond its control, which it could not reasonably be expected to have taken into consideration at the time of the conclusion of the Contract.
11. Processing of personal data
11.1. The processing of personal data by MSE and, in certain circumstances, by QTE, is explained in the MSE Privacy Policy, appended to the GTCS. MSE’s Privacy Policy constitutes an integral part of the agreement between the Customer and MSE.
11.2. The Customer remains responsible for its obligations under the General Data Protection Regulation (EU) 2016/679 and under these T&Cs. Depending on the circumstances, the Customer may be considered to be responsible for User / contact person data as well as for geolocation data. In particular, when the Customer has a Tracker installed on a vehicle and contracts the Services for the benefit of a User/contact person, the Customer is responsible for ensuring the legal basis for the processing of personal data and more particularly, if applicable, the consent of the person concerned.
12. Intellectual property
Texts, names, logos, layouts, illustrations and other elements relating to the Services appearing on the MSE website/commercial documentation are protected by any intellectual property rights that may apply. All these elements are the property of MSE and/or a third party from whom MSE has obtained the necessary authorizations. Reproduction is strictly prohibited without prior written authorization from MSE. Any such request should be sent to MSE by e-mail to the following address: info@mseurope.be.
13. Complaints and alternative dispute resolution
13.1. For any complaints, the Customer may contact the MSE Customer Service Department (Telephone: +32 (0)2 223 08 63 // E-mail: metatrak@mseurope.be/ Postal address: Chaussée de Bruxelles 135A bte 3, B-1310 La Hulpe (Belgium)).
13.2 If the Consumer has already tried to settle the dispute directly with MSE without reaching a solution, the Consumer may submit the dispute or a complaint to the independent service of 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 the event of a complaint concerning a contract concluded online (if applicable), the Consumer may also contact the Online Dispute Resolution Platform developed at European level in order to attempt to resolve the dispute with MSE extra-judicially: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
14. Nullity
Should any provision of these GTS be declared invalid or unenforceable, the Parties agree that the remaining provisions of these GTS shall survive, unless the invalid provision is an essential provision and the GTS cannot be amended in good faith to preserve or restore the balance of the Parties’ rights and obligations. The Parties agree to replace the annulled provision with a new provision as close as possible to the annulled one, adhering to the spirit of the annulled provision.
15. Proof
Between the Parties, transactions, operations on the network, electronic communications, connections and other electronic manipulations may be proven using .log files, e-mails and transaction files, which may be stored by MSE on electronic media. The customer accepts the evidential value of such data. This possibility of proof does not prevent the Parties from using any other means of proof authorized by law.
16. Interpretation
In the event of any doubt as to the interpretation to be given to these GCS, the French version shall prevail over the Dutch version.
17. Applicable law and competent courts
17.1. These GCS and the formation, performance and interpretation of the Contract are governed by Belgian law, without prejudice to the right of Consumers residing outside Belgian territory to rely on the mandatory provisions of their national law.
17.2. Any dispute between the Parties relating to the formation, performance and interpretation of these GTS and the Contract which is not resolved amicably shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels, without prejudice to the right of Consumers to avail themselves of the provisions of Regulation (EU) nr. 1215/2012 of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

APPENDIX I: MSE PRIVACY POLICY APPLICABLE TO
SERVICES 1. General
Mobile Systems Europe S.R.L., a company incorporated under Belgian law with address Chaussée de Bruxelles 135A bte 3, B-1310 La Hulpe and registered with the ECB under company number 0879.633.414, info@mseurope.be, Bank account number: BE86 0014 8134 0550 / insurance company: AG Insurance / nr. policy number: 99578477 (hereinafter “MSE”), provides Services as described in the Services Agreement and the INCERT Services Agreement (“Services”), in accordance with the General Terms of Services (hereinafter the “GTS”). MSE has appointed a personal data protection officer (DPO), who can be contacted at dpo@mseurope.be.
The MSE Services Agreement and the INCERT Services Agreement are collectively covered by the term “Agreement”.
The definitions in the Agreement and the TOS apply herein.
2. Roles and Stakeholders
This privacy policy (the “MSE Privacy Policy”) forms part of the TOS and informs how MSE handles the personal data of Customers and/or Users.
i. Customers: “Consumers”, i.e. natural persons who acquire Services from MSE for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity; and “Professionals”, i.e. natural or legal persons who acquire Services from MSE as part of the sustainable pursuit of their economic activity, but not for resale purposes. Professionals may acquire Services for their own use or for the benefit of a User.
ii. Users: Individuals (natural persons) in direct relationship with Customers, who benefit from Services by virtue of a Contract concluded between MSE and a Customer. The User is also considered to be the contact person (POC) or driver of the vehicle on which the Beacon has been installed.
MSE acts as processor or subcontractor of personal data, depending on the type of processing and the customer’s status, in accordance with the applicable regulations.
MSE ensures compliance with the obligations set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “RGPD”) or any other provision of Union or Member State law relating to data protection, in particular the confidentiality and security of such data.
MSE provides the Services in conjunction with the following “Partners”:
– Quasar Telematics Europe S.r.l. (“QTE”): a company incorporated under Italian law, headquartered in 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 (“Centrale de surveillance”): Belgian company, Avenue Charles Quint 345, 1083 Ganshoren / BCE: 0454.284.850; Authorized security company nr. 16.1027.01 / Central office certified by INCERT TB-0004 / IBAN BE 42 0017 3457 5154 / insurance company: ACE EUROPEAN GROUP LTD / policy no.: 7.500.206
o +32 (0)2 646 08 42
o info@smc-net.be
o https://securitymonitoringcentre.be/en/homepage
The personal data of the Customer and/or Users are transferred to the Partners for the performance of the Services. The Services cannot be provided without this transfer.
3. Different processing of personal data by MSE
MSE will process personal data for the following purposes and activities:
3.1. Performance of Services
3.1.1. Purpose: any processing necessary for the performance of the Contract and the provision of Services in accordance with the TOS, which includes activities such as data encoding and processing by the MetaTrak / QTE and MSE Platforms, communication with Partners or third parties (such as the police); assistance to the Customer and/or User in the event of an incident; management of notifications to the Customer and/or User; administration/provision of Ancillary and Support Services; management of specific Customer and/or User requests.
3.1.2. Categories of Customer and, where applicable, User personal data: Customer and User identification data, vehicle identification data, ad hoc vehicle geolocation, sound recordings of telephone communications, notifications to Customers, Users, Partners and/or third parties (for the provision of ancillary services), customer support requests, etc.
3.1.3. Legal bases:
– In relation to Customers-natural persons (PP):
o the performance of a contract to which the Customer is a party (Article 6.1.b) RGPD, and
o in the event of a specific or ad hoc request, consent (6.1.a) RGPD).
– In relation to Users:
o MSE’s and/or QTE’s legitimate interest in providing, managing and administering their Services, responding to Customer requests, fulfilling their contractual obligations, and providing suitable and adequate Services (Article 6.1.f.) RGPD).
o The Customer’s legitimate interest in ensuring the security of its property, or even fulfilling its insurance obligations. For further information concerning the applicable legal basis for the processing carried out by or on behalf of the Customer, it is the User’s responsibility to obtain information from the Customer (i.e. the entity through which the User benefits from the Services).
o In the case of specific or ad hoc requests, processing is based on the User’s consent (6.1.a) RGPD).
– For PP Customers and Users:
o Some personal data is required under the Royal Decree of May 17, 2002 regulating the methods of monitoring centers using tracking systems, the processing in question is based, therefore, on a legal obligation (6.1.c) RGPD). This applies in particular concerning the processing of identification data of the contact person and the car, as well as the geolocation of the vehicle in the event of an incident.
3.1.4. Retention: personal data is kept for the duration of the Contract and for 30 days after its termination. All personal data incorporated in documents likely to give rise to legal effects will be archived for ten years from the end of the Contract or the date of the document to meet legal obligations, and to defend MSE’s interests in the event of litigation.
Geolocation data
Please note that, in the course of performing the Services, MSE and the Partners must process geolocation data. Under article 5.3 of Directive 2002/58 on privacy and electronic communications, such processing is strictly necessary for the provision of an information society service expressly requested by a subscriber or user. In this respect, MSE acts as a data processor for the Customer when the latter contracts the Services for the benefit of a User.
Geolocation data is processed in order to provide the Geolocation Services, which are an information society service. In this respect, the Customer and Users have access to the MetaTrak Application to manage geolocation data and administer their preferences. The Customer and/or User may deactivate the geolocation function at any time in the MetaTrak Application or on request from MSE. The default retention period is the duration of Service activation. The Customer or User may at any time change and freely determine the duration of storage of geolocation data in the MetaTrak Application. On termination of the Contract, geolocation data is deleted after 30 days. For further information, please consult the MetaTrak Application settings.
3.2. Processing for customer management purposes:
3.2.1. Purpose: any processing necessary for customer management and Contract administration, such as order management, delivery tracking, invoicing, data communication between Partners, modification of contractual data, etc.
3.2.2. Categories of personal data of the Customer and, where applicable, the User: identification data of the person concerned, vehicle identification data, sound recordings of telephone communications, communication of administrative information between Partners, etc.
3.2.3. Legal bases:
Concerning the processing of Customer-PP data:
the performance of a contract to which the data subject is a party (Article 6.1. b) of the RGPD), and concerning Users: the legitimate interest of MSE and, where applicable, QTE, to manage and administer their customers, fulfill their contractual obligations, develop their offer and innovate, and provide suitable and adequate Services (Article 6.1.f.) of the RGPD).
3.2.4. Retention: personal data is kept for the duration of the Contract and for six months after its termination. All personal data incorporated into documents likely to have legal effects will be archived for ten years from the end of the Contract or the date of the document to meet legal obligations, and to defend MSE’s interests in the event of litigation.
3.3. Processing for promotional purposes:
3.3.1. Purpose: Insofar as the Customer expressly consents, MSE processes the Customer’s data with a view to profiling purchases and sending commercial communications.
3.3.2. Customer personal data categories: name, e-mail address and purchase history.
3.3.3. Legal basis: This processing is based on the consent of the recipient (6.1 a) RGPD). The Customer may withdraw his consent at any time, by sending a free e-mail to the following address: dpo@mseurope.be or via the link included in commercial communications
3.3.4. Retention: personal data is retained for the duration of the Contract and for two years after its termination, or for as long as the recipient of the advertising mailings has not unsubscribed from the mailing list (via the option provided in the e-mails).
4. Recipients of data
Personal data may be communicated to third parties, subcontractors and/or Partners in certain circumstances.
4.1. Third parties
MSE may disclose personal data in certain circumstances:
– 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 performance of the TOS or other contracts;
– when necessary to protect the rights, property, or safety of MSE, its customers, or others.
MSE is not responsible for the processing of personal data by any third party. This processing is carried out under the responsibility of these third parties. For any requests or queries, data subjects may contact the relevant third parties directly.
4.2. Subcontractors
MSE uses subcontractors (e.g. IT infrastructures, servers located abroad) to process personal data on MSE’s instructions and on its behalf. In this case, MSE undertakes to take the necessary measures to guarantee the confidentiality of the data and to ensure their integrity and, where subcontractors are established outside the EEA, to ensure an adequate level of protection (e.g. contractual clauses available on request by e-mail dpo@mseurope.be).
4.3. Partners
MSE communicates personal data to Partners (QTE and the Central Monitoring Station) for the purpose of performing the Contract. The Services cannot be provided without this transfer. For more information, please visit our partners’ websites:
– https://securitymonitoringcentre.be/en/homepage
– https://www.qtelematics.eu/
5. Rights of access, rectification, deletion, portability, opposition, limitation and withdrawal of consent
5.1. In accordance with the provisions of the RGPD, the visitor has the right to:
– request free access to his/her personal data;
– have his/her personal data rectified free of charge if it is incorrect or incomplete;
– request that his/her personal data be deleted or object to its use in the cases provided for by the RGPD;
– object without cause to the use of his/her personal data for direct marketing purposes;
– have the processing concerning him/her restricted in the hypotheses provided for by the RGPD.
In cases where data processing is based on consent, the data subject also has the right to:
– receive his/her data in a structured format and have it transmitted to another company (right to portability); and
– withdraw consent at any time, by sending a free e-mail to the following address: dpo@mseurope.be.
To exercise the aforementioned rights, visitors may contact MSE’s customer service department by e-mail at the following address: metatrak@mseurope.be.
5.2 In all circumstances, the visitor has the right to lodge a complaint with the Data Protection Authority (Rue de la Presse, 35, 1000 Brussels – contact@apd-gba.be).
6. Contact
In the event of questions or complaints, the visitor may contact MSE’s customer service department:
– by post addressed to MSE’s customer service department: Chaussée de Bruxelles 135A bte 3, B-1310 La Hulpe.
– by e-mail: metatrak@mseurope.be
7. Geolocation
The Customer and/or User understand that it is necessary to process location data to enable the Contract to be performed, otherwise the Contract cannot be adequately and fully performed. The Customer and/or User therefore understand that by entering into and performing the Contract and accepting the Services, they acknowledge and accept that geolocation data may be processed. The geolocation function can be turned off in the MetaTrak Application at any time.
When a Customer or User formulates a specific request concerning vehicle geolocation, by e-mail or telephone, they are considered to have consented to the processing of geolocation or other data necessary for the execution of their request.

APPENDIX II: RATES APPLICABLE FROM JANUARY 1, 2025.

Once activated (1st communication from the installed box), the Service is considered activated and cannot be modified until the period is renewed.

Further information is available at metasystem.be/en/metatrak-plus-2/ and metasystem.be/en/metatrak-pulsar-2/.