Personal Data Privacy Policy

1. Introduction 

THE SOLUTION PROVIDER develops software solutions that connect vehicles, objects and people. These solutions THE SOLUTION PROVIDER make it possible to optimise companies' remote and mobile activities.

In order to provide you with its services, THE SOLUTION PROVIDER needs to collect personal data. When collecting and processing such personal data, we remain fully mindful of the importance you attach to the confidentiality of these data.

As part of its activities and the services it provides, THE SOLUTION PROVIDER processes, among other things, the personal data of its customers, of its integrators’ customers the employees of those customers and any user of its solutions or applications. THE SOLUTION PROVIDER acts either as a “data controller” or as a “data processor”.

In this respect, THE SOLUTION PROVIDER strives to comply with the legislation in force regarding data protection, in particular the European General Data Protection Regulation 2016/679 (the “Regulation” or “GDPR”) and the national laws in force implementing EU Directive 95/46 on the processing of personal data or supplementing the GDPR.

This Personal Data Protection Policy is intended to explain how we collect, store, use and disclose your personal data when you use our services, our Website, our applications (mobile or not), or when you interact with us. This Personal Data Protection Policy also describes your rights and explains how you may exercise them.

Please read this Personal Data Protection Policy carefully so that the processing of your personal data is as transparent as possible. Please also ensure that your customers, your employees and the users of our services are fully aware that their personal data are processed by THE SOLUTION PROVIDER and that their consent to such data processing, as described in this Personal Data Protection Policy, has been obtained.

Personal data collected by THE SOLUTION PROVIDER when acting as controller includes, in particular:

  • Customer or solution user contact data: such as surname, first name, job title, email address, telephone number
  • Data relating to your company, such as the company name, business sector, address, CBE number and VAT number

  • User login credentials: login, password

A. Processing for which THE SOLUTION PROVIDER acts as controller

These data and their processing are described in greater detail in point 5 below.

B. Processing for which THE SOLUTION PROVIDER acts as processor

A processor is a natural or legal person who processes your personal data at the request and on behalf of the controller. The processor is required to ensure the security and confidentiality of the data. The processor always acts in accordance with the controller's instructions.

Third-party applications may be connected to our applications, depending on your configuration or the services to which you subscribed. In such cases, you are informed of the data shared and must give your explicit consent to the controller's Privacy Policy or Data Protection Policy.

C.  Priority

Respect for your privacy is a priority for THE SOLUTION PROVIDER.

D.  Principles and values

The following principles are at the heart of the way we process your personal data.

  • Transparency and loyalty: when we collect and process your personal data, we tell you who is collecting and receiving these data, as well as the reasons for such collection.

  • Lawfulness: THE SOLUTION PROVIDER does not collect or process personal data without a legitimate basis. Where required by law, we always ask for your consent in advance.

  • Purpose limitation: we use your personal data only for relevant professional purposes (for example, to provide you with services, to manage our relationships with our customers and to comply with our legal obligations). We never use your personal data for purposes incompatible with the purposes described in this Personal Data Protection Policy or otherwise communicated to you.

  • Necessity and proportionality: we collect only the personal data necessary for the processing, in accordance with this Personal Data Protection Policy. We provide your data to our business partners and suppliers only to the extent necessary to provide you with our services or to comply with our contractual or legal obligations.

2. Which activities are concerned by data collection?

This Data Processing Policy covers all sources of data collected and processed by THE SOLUTION PROVIDER forits various business activities, in particular when browsing our Website, using our Website, accessing and using our applications and solutions, especially when accessing the Telefleet and IoTrack websites and applications in web or mobile version.

We consider that the information concerning you or provided by you belongs to you. We use it only for the purposes for which you provided it  or for which we collected it. At any time, by the means indicated below, you may grant or withdraw your approval for us to use your data.

3.  Whose personal data do we process?

This Personal Data Protection Policy applies to all persons whose personal data we process, such as our customers, our integrators’ customers, the employees of those customers, and, more generally, all users of our Website and our applications.

We also collect and process your personal data if you are a person authorised by a customer to benefit from the use of an THE SOLUTION PROVIDER service.

We may also receive personal data concerning you from our suppliers providing services in connection with the performance of any contract.

4. What personal data do we collect and process?

Personal data means any information that allows THE SOLUTION PROVIDER to identify you as a natural person.

The personal data that we collect and process may include the following categories of data:

A. Identification data and contact details

When you decide to register for our services, to log in to our Website or our applications (mobile or not), or create a customer account or user account, when you send us an email or communicate with our customer service department, you provide us with certain personal data that we collect and process. Such data includes your surname, first name, language, postal address, email address, telephone number, IP address, your company's details and your billing data.

We obtain your personal data directly from you when you register for or log in to one of our applications and fill in the fields requiring certain personal data, thereby making such data immediately available to THE SOLUTION PROVIDER.

We may also obtain your personal data through your use of our services, our Website or our applications (mobile or not), or when you are in contact with our customer service department.

B. Use of cookies

We may record certain details regarding your visits to our Website or our applications (mobile or not), including, but not limited to, data related to information traffic, location data, weblogs and other data relating to the communications and resources you access.

When you download, install and use our mobile applications, we automatically collect information about the type of device you use, the operating system version and the device identifier (or “UDID”).

When you use our services, we may collect information relating to your computer or connection device, including the IP address, operating system or browser type.

This information is collected to ensure the proper management and functioning of our Website and our applications (mobile or not).

THE SOLUTION PROVIDER may also access information already stored on your electronic communications terminal and record information on it. Our software solution uses only trackers that are necessary for the operation of our mobile applications. These trackers are used to enable and facilitate navigation within our software solution, in particular by remembering the navigation preferences set during your session, such as the language, displaying services according to screen resolution, applying the style sheet adapted to your IT equipment, and compiling anonymous visit statistics.

Technically, these trackers cannot be disabled from within the software solution. You may nevertheless object to the use of these trackers solely by configuring your internet browser, and such configuration depends on the browser you use

 

C. Data relating to your location, to the use of a vehicle, or to a vehicle of which you are the user, driver or passenger

When you create a user account and activate the vehicle geolocation feature, you agree to provide some information, such as your real-time GPS position, the status of a vehicle and its use. We collect and process this information, which may include, without limitation, the type of vehicle you use, the vehicle's geographic position, a trip's departure and arrival times, stops (and stop times) during a trip, the distance travelled with the vehicle, GPS data relating to your trips, the vehicle mileage, fuel consumption, the vehicle battery status, and any other technical data useful for the technical diagnosis of a vehicle's condition. With your consent, we also collect and process all data relating to the driver's behaviour (acceleration, deceleration, speed). The precise nature of the information collected depends both on the type of consent you give us and on the equipment (unit) installed in the vehicle.

When you decide to use our Website or our applications (mobile or not), you may decide whether or not the application may use your geolocation. The geolocation option can be disabled in the interface settings at any time. However, when you subscribe to certain of our services or applications, you are required to activate such location data so that we can perform the subscribed services.

5. For what purposes and under what conditions is your data processed?

THE SOLUTION PROVIDER collects, uses and processes your personal data in accordance with the GDPR and the Belgian law on privacy protection in the manner described in this Data Protection Policy.

THE SOLUTION PROVIDER processes your personal data on the basis of the following legal grounds, as the case may be, as detailed below:

  • performance of the contract that you or your employer has concluded with THE SOLUTION PROVIDER, or steps taken prior to entering into a contract you intend to conclude with THE SOLUTION PROVIDER;

  • your prior informed consent, where required;

  • compliance with our legal obligations;

  • the legitimate interests of THE SOLUTION PROVIDER or of a third party, insofar as such interests override your fundamental rights and freedoms, such as, where applicable, detecting and preventing money laundering, carrying out prior due diligence on a counterparty, providing you with useful information, etc.

A. To visit our Website and use our applications

You may visit our Website and discover our services without having to provide us with personal information.

However, the use of certain cookies is necessary to navigate our Website. For more information on this, please consult our cookie policy.

The use of cookies for our applications (mobile or not) is described above in point 4B.

B. To communicate with us

Data categories: We process your identification and contact data.

Purpose: We process these data when you contact us through the Website, by email or by any other means, in order to communicate with you and answer your questions.

Legal basis: The processing of these data is necessary to answer your questions and provide the requested service. These data are therefore essential for the performance of our contract or of pre-contractual negotiations. Without them, we cannot properly provide our services.

Retention period: Your data will be kept for one year from the last contact if these interactions did not result in any contract / creation of an account on our applications. Otherwise, these data will be kept for the legal period of 10 years from the termination of our contractual relationship, for tax and accounting purposes and for liability reasons.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

C. To create an account on our applications, grant access to our services and provide our services (our contract)

Data categories: When a customer account is created, the following information is collected: surname, first name, company name, postal address, country, VAT number and/or CBE number, first name and surname of the contact person, email address, mobile number, language used, time zone, and the same data concerning the customer's users and/or employees, as well as the same data concerning the customer's processors.

When you log in to our Website or to our applications (mobile or not), we process your identification data, contact details, login data, password, IP address, type of connection device, operating system version, unique identifiers (such as user name) and passwords.

We also collect your billing data.

Once your account has been created, or each time a user account is created, THE SOLUTION PROVIDER will process the data required to enable the use of our services through our applications, namely vehicle data, their assignments, data relating to the assignment of vehicles to employees, including employee data and permissions.

Identity, vehicle and assignment data are mandatory in order to use the application, and refusal to provide such data will make it impossible to use our services.

Purpose: Creating an account on one of our applications allows you to access and benefit from our services. THE SOLUTION PROVIDER is required to provide the services subscribed to by the customer, namely geolocation, fleet management, planning optimisation and eco-driving services.

Legal basis: The processing of these data is necessary for the provision of the requested services. These data are therefore essential for the performance of our contract. Without them, we would not be able to properly provide our services.

Retention period: Your data will be kept for 10 years from the last login to our application.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, in particular our hosting provider and our provider of customer relationship management tools.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

D. To provide geolocation, fleet management, planning optimisation and eco-driving services

Data categories:

Once your account has been created and with your consent, THE SOLUTION PROVIDER will process your data, such as geolocation data, to enable you to use our services through our applications.

Our services consist, among other things, in making available vehicle fleet management applications (including the creation of lists of waypoints, task planning and dispatch, assignment to employees, recording of actual work performed), driving monitoring applications (eco-driving or safety programmes), and making available and/or generating fleet reports relating to vehicle use (fuel consumption, accident history, etc.). These data are also detailed in point 4C.

Purpose: sharing these data allows you to access and benefit from our services. THE SOLUTION PROVIDER is required to provide the services to which the customer has subscribed, namely geolocation, fleet management, planning optimisation and eco-driving services.

More specifically:

Main purpose: Display the data collected in the field in our web and mobile applications and access field information from mobile units.

Sub-purpose 1: Geoloc: geolocate vehicles, objects and people (list of vehicles, people, activity comparison, detailed location activity, consumption, vehicle positions, speed, etc.)

Sub-purpose 2: collect activity information on an entity without geolocation information

Sub-purpose 3: Worktime: monitoring mobility and services provided, managing remote activities, communicating with field teams.

Sub-purpose 4: Eco-drive: monitor fuel consumption, idling time, actual mileage traveled, CO2 emissions and driving behaviour.

Sub-purpose 5: Maintenance: advanced maintenance and enhanced fleet management (recording the vehicle's electronic data for diagnostic and maintenance functionalities)

Sub-purpose 6: Alarms: configuration of sensors based on indicators (service, diagnostics, battery, unauthorised start-up, fuel level).

Sub-purpose 7: Reporting: generate reports and display dashboards to obtain a consolidated view of measurable data by unit (vehicles and people).

Sub-purpose 8: Eco-training: analyse trips and the driving behaviour of vehicle drivers (consumption, comfort, braking).

Sub-purpose 9: Equipment: geolocate objects and equipment (list of equipment, association with points of interest or vehicles).

Legal basis: we collect and process these data on the basis of your explicit consent. This consent may be withdrawn at any time. If you withdraw your consent, using these services will become impossible.

Retention period: Your data will be retained as indicated in the table below

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, in particular our hosting provider and our provider of fleet management tools.

data retention.jpg

E. Preventing unwanted users from using our services

Data categories: We process your identification and contact data to prevent an unwanted user from creating an account.

Purpose: We will process your data to check that you comply with our general terms and conditions.

Legal basis: The processing of these data is based on THE SOLUTION PROVIDER's legitimate interest in preventing fraudulent use of our services, protecting our own rights and our employees, and ensuring that we may continue to offer our services to rule-abiding users.

Your interests and fundamental rights do not override our legitimate interests. However, you may always exercise your right to object (see point 9 below of this Data Protection Policy), at any time and free of charge, if you believe that your rights override our legitimate interests.

Retention period: Your data will be kept for as long as you are denied access to THE SOLUTION PROVIDER services.

In the event of a dispute, these data are kept until the end of the dispute.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, in particular our hosting provider.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

F. Data collected in connection with the Checkin@Work application

Data categories: In connection with the use of the Checkin@Work application, we collect information about your company, such as the company name, its address, your social secretariat ID, as well as your employees' contact information, their associated active status (CAW), the daily shares status, the latest validity date, the nationality of the foreign worker, the A1 document, the A1 expiry date, the NISS / Limosa, Limona, and the employee's home address.

Legal basis: The collection and processing of these data are based on your explicit consent. You may withdraw your consent at any time. If you withdraw your consent, using these services will become impossible.

Retention period: Your data will be kept for 5 years from the last login to our application, for tax and accounting purposes and for liability reasons. These data are kept in raw format and are not interfaced.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below. We may also transmit your personal data to other third parties that process them for their own purposes (as controllers separate from THE SOLUTION PROVIDER), such as the competent public authorities, in the event of a request relating to possible offences committed in connection with the use of our applications.

G. Management of our contractual relationship

Data categories: We process your identification and contact data, but also your billing data.

Purpose: Your data are used for billing and debt recovery purposes, or to inform you of changes made to the contract or to the Data Protection Policy (including new purposes).

Legal basis: The processing of these data is necessary for the provision of the requested service. These data are therefore essential for the performance of our contract. Without them, we cannot perform either the contract binding us or our mission.

Retention period: Your data will be kept for 10 years from your last login to one of our applications, for tax and accounting purposes and for liability reasons.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, our accounting solution and our debt recovery solution.

The data are transmitted to the tax authorities and to our accountant or debt recovery service. They may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

H. Promoting our services

Data categories: We process your contact data (email address) as well as data relating to the use of our applications or our Website.

Purpose: We process these data in order to inform you about THE SOLUTION PROVIDER services and thus keep you informed about our features, services and news.

Legal basis: The processing of your personal data for the distribution of our newsletter and our marketing activities is based on our legitimate interests (and, in part, we believe, on the user's interests). The user may thus remain informed about upcoming THE SOLUTION PROVIDER events, products and services and about the improvements we make.

Retention period: We keep your contact data for this purpose until you ask us to stop, but in any event no longer than 5 years after the last interaction with THE SOLUTION PROVIDER.

At any time, you may inform us that you no longer wish to receive advertising or newsletters. You only need to send us an email  via the Application webform (Menu Administration->Contact or click on the unsubscribe link at the bottom of any electronic communication that we send you for this purpose.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, in particular our hosting provider, our provider of customer relationship management tools, our email service provider, our analytics solutions and our feedback form creators.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

I. To enable you to exercise your rights

Data categories: We process your surname, first name, request and proof of the action taken by THE SOLUTION PROVIDER following the request.

Purposes: When you exercise the rights conferred on you by the GDPR and described in this Data Protection Policy (right of access, rectification, etc.), we keep the data strictly necessary to prove that we have indeed taken the appropriate steps.

Legal basis: The retention of these data results from the legal obligation imposed by Article 5.2 of the GDPR, namely the “accountability”. 

Retention period: Your data are kept for as long as our liability could be engaged in the event of non-compliance with rights requests, that is to say a maximum of 10 years after your last interaction with THE SOLUTION PROVIDER.

Recipients: These data are not transmitted to any recipient other than the data protection authority and our hosting provider.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

J. Improving our services

Data categories: We process data relating to your use of our applications and our services, including statistical information on the location of users who have downloaded or opened a mobile or non-mobile application. If you use our mobile application, we may collect your GPS position. We may also look at how frequently you use the application and where you downloaded it.

These data will be processed in aggregated form and will remain anonymous. This processing will help us better understand our users' needs and improve our services.

Purpose: The processing of statistical information on the use of our applications and services enables us to improve our services.

Legal basis: This processing is justified by THE SOLUTION PROVIDER's legitimate interest in improving the efficiency of its services. The data subject is informed of this processing and may object to it.

Retention period: Statistical data are kept only in anonymous form. No specific retention period applies.

Recipients: The data may be processed, on our instructions, by our processors identified in point 6 below, in particular our hosting provider, our provider of analytics solutions and our feedback form creator.

The data may also be transmitted to our lawyer and/or bailiff in the event of a dispute.

6. To whom may we transmit your personal data?

In order to provide our services, we sometimes need to call upon partners or processing entities for the purposes described above.

We limit the sharing of your personal data to the following categories of recipients:

Your personal data may be processed by:

  • THE SOLUTION PROVIDER internal services, such as the customer service / quality department, the marketing department, the IT department and technical support and maintenance services;

  • our customer (your employer, where applicable), the administrators of your company and the authorised users according to the access permissions granted;

  • our integrator -solution reseller;

  • our partners and processors (in particular software solution providers (ERP, CRM and automotive management software));

  • our external hosting provider;

  • our provider of customer relationship management (CRM) tools;

  • our accounting solutions provider;

  • our debt recovery solutions provider;

  • our email services provider;

  • our feedback form creation service provider;

 

These service providers process the data strictly for the purposes necessary to comply with the instructions we send them. In this respect, they act as processors. In order to ensure optimum protection of our customers' personal data, we have put in place the necessary contractual arrangements with these processors to ensure that they apply the highest privacy protection standards. In any event, these processors are required to guarantee the security and confidentiality of personal data. Consequently, a data processing agreement is systematically signed in accordance with Article 28 of the GDPR.

Should THE SOLUTION PROVIDER undergo a business transition, such as a merger or acquisition by another company, or the sale of all or part of its assets, your user account and your personal data will likely form part of the transferred assets. You will be notified through a visible notice on our Website and applications of any change in ownership or control.

7. How is your personal data protected?

THE SOLUTION PROVIDER protects the confidentiality, integrity and availability of your personal data. We use various technological, organisational, contractual and procedural security measures to protect your personal data against loss, misuse, alteration or destruction, including encryption and logical and physical access control measures.

The premises housing the computers and servers containing the software and data are physically protected. Such protection consists of centralised electronic access management, an alarm system, a cooling system and safeguards against power failures and fire. Redundant backup resources allow us at all times to ensure continuity of our services, without interruption or data loss. We have a logical protection plan based on:

  • an internal firewall, a proxy server and antivirus software;

  • formalised management of access rights based on roles and responsibilities, both for internal users and for processors.

We manage changes made to our applications through scheduling software and separate development, acceptance and production environments.

Provisions relating to professional secrecy and privacy protection are included in our contracts, agreements, work regulations and other documents, in order to raise awareness among our customers, suppliers and processors, and our staff.

In the event of a data breach likely to create a risk to your rights, we will inform you within 72 hours in accordance with Article 34 of the GDPR.

8. Where is your personal data stored?

Your data are mainly stored on servers located within the European Economic Area.

If necessary, in certain circumstances, your data may be transferred to a country outside the European Economic Area. In that case, we will ensure that recipients are required to comply with the same data protection standards as in the EU by means of standard contractual clauses as issued by the European Commission, together with additional security measures where necessary.

9. Dashcam data

THE SOLUTION PROVIDER may be appointed by its customer or by a user of one of its applications to process data collected by an onboard dashcam. In that case, THE SOLUTION PROVIDER does not act as controller.

It is exclusively for the customer or the user requesting this service from THE SOLUTION PROVIDER to define the privacy policy governing the processing of personal data, which THE SOLUTION PROVIDER undertakes, if lawful, to comply with solely in its capacity as data processor and only in that capacity.

For all useful purposes, THE SOLUTION PROVIDER reminds you that for data processing to be lawful, it is necessary to identify its legal basis. With regard to dashcam use, the legal bases may be:

  • explicit consent;

  • the pursuit of a legitimate interest;

A dashcam may be used only where the objectives of its installation are clearly defined.

Furthermore, its use must therefore be adequate, relevant and necessary in view of the intended purpose.

It is generally considered that where the purpose is to monitor a worker, permanent monitoring constitutes a disproportionate intrusion into the worker's private life.

It should be noted that if the use of a dashcam meets the conditions to be regarded as the introduction of a new technology within the meaning of Collective Labour Agreement No. 39, information and consultation of the works council will be required.

Furthermore, the Camera Act applies in certain cases.

10. What are your rights?

You have several rights regarding the personal data we process.

In particular:

  • Right to information: you have the right to obtain information about the processing of your personal data. Thus, you have the right to know the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data are transmitted, the criteria used to determine the data retention period, and the rights you may exercise over your personal data. This right is exercised through this document. If the data processed include your staff's data, you undertake to communicate them this document.

  • Right of access: you have the right to access your personal data and receive a copy of them;

  • Right to rectification: you have the right to ask us to update or correct your personal data if you believe they are inaccurate or incomplete;

  • Right to erasure: you have the right to ask us to erase your personal data, or to restrict the way we use those data, if you believe that we do not have (or no longer have) a legal basis for processing them;

  • Right to withdraw your consent: you have the right to revoke your consent concerning the processing of your personal data based on that consent (insofar as the processing is based on your consent). Withdrawal of your consent may affect the use of our applications.

  • Right to data portability: you have the right to receive your personal data in a structured, commonly used and machine-readable form and to transmit them to another party;

  • Right to object: you have the right to object to the processing of personal data for which we use legitimate interests as the legal basis, unless we have compelling and justified grounds for the processing;

  • Right to restriction: you have the right to restrict the processing of your personal data in certain circumstances set out in Article 18 of the GDPR.

  • Right not to be subject to automated decision-making: our applications do not carry out automated decision-making or profiling producing legal effects.

The arrangements governing access to, sharing of and portability of the data generated by our services are defined in a specific contractual annex relating to Regulation (EU) 2023/2854 (“Data Act”)

For more information on your rights, please visit: https://www.autoriteprotectiondonnees.be/citoyen/vie-privee/quels-sont-…-

You may exercise your rights:

Via the Application webform (Menu Administration->Contact

In addition, if you believe that THE SOLUTION PROVIDER has not acted in accordance with the legislation governing the processing of personal data, you may lodge a complaint with the Belgian Data Protection Authority (Data Protection Authority, rue de la Presse 35, 1000 Brussels, +32 (0)2 274 48 00, contact@apd-gba.be).

11. How to contact us

If you have any questions regarding this Data Protection Policy, you may contact us:

Via the Application webform (Menu Administration->Contact 

12. Amendments to this Data Protection Policy

We may amend this Data Protection Policy at any time. In order to keep you informed of the latest amendment to this Data Protection Policy, we will update the revision date each time it is amended. The amended Data Protection Policy will enter into force as from that date.

Please consult this page regularly to stay informed of any changes and/or additions. The most recent version is always available under: Menu > Preferences > Legal information.

We will also proactively inform you of any significant changes made to the Data Protection Policy, by e-mail or through a pop-up window on our application and on our Website.

13. Third-party sites

Our Website contains hyperlinks to third-party websites and information about them. We have no control over those sites and are not responsible for their data protection policies, which we invite you to consult.

14. Governing law and competent courts

This Data Protection Policy is governed by and shall be interpreted exclusively in accordance with Belgian law, applicable to any potential dispute.

In the event of a dispute, the parties will attempt to resolve it amicably. Failing amicable resolution, the competent courts shall be the Belgian courts, either the one of the place of residence of the person concernede or the courts of Namur.