8. Fleet Owner’s Warranty
8.1 Fleet Owner shall always comply with regulatory requirements when integrating Fleet Car Data into its products or services and displaying information to its end-customer based on Fleet Car Data. In particular, as far as Fleet Car Data includes personal data, Fleet Owner shall comply with the applicable data protection and privacy laws, rules and regulations, including the GDPR.
8.3 Fleet Owner is obliged to comply with the GDPR and any other applicable data protection regulations. A violation of data protection regulations is considered a violation of essential contractual obligations. This includes in particular data protection requirements for IT security in the respective Parties´ area of responsibility.
8.4 Fleet Owner is obligated to report the loss of a vehicle, communications module or SIM card, as well as any defects in the connectivity services and communications module (insofar as they are apparent to the Fleet Owner) to High Mobility's support channel (firstname.lastname@example.org). Before returning a vehicle to the seller (dealer) or lessor, or when returning the SIM card installed in a vehicle's communications module, and when removing a vehicle from the fleet (for example by selling the vehicle), the Fleet Owner shall notify High-Mobility to remove the affected vehicle’s clearance without undue delay.
8.5 Fleet Owner represents and warrants that all Fleet Cars are owned and rightfully possessed by the Fleet Owner.
8.6 The Fleet Owner represents and warrant that it complies with all relevant contractual and legal requirements, notably the requirements of the General Data Protection Regulation (GDPR). In particular, the Fleet Owner must ensure that only such vehicles of its fleet are connected, for which the required legitimation by the Fleet Owner and the consent declarations of the Fleet End-Users have been obtained and are available.
8.7 The Fleet Owner shall indemnify, defend and hold High Mobility harmless from and against any and all damages, costs (including legal/attorney fees), charges, expenses, liabilities incurred by High Mobility directly or indirectly out of or in connection with (a) the use of any personal data in the meaning of the GDPR of any user of Fleet Owner’s vehicles; (b) Fleet Owners breach of any of Fleet Owner’s obligations, representations or warranties under this Agreement.