Privacy policy

Tachogram respects the privacy of its users and is fully committed to protecting their personal data. This Privacy Policy explains how Tachogram (“Tachogram”, “we”, “us”, “our”) processes information about individuals, including personal data, in relation to the use of the Tachogram.com website and the digital tachograph service (“Service”). Below you may find detailed information about what type of information we collect about individuals and why, what we do with it, and how we handle such information.

By accessing or using this website or any of our Services, you agree to the terms set out in this Privacy Policy, Cookie Policy, Terms of Service, and other terms and policies published on our website. If you do not agree to this Privacy Policy, you must leave this website and discontinue all use of any of our Services.

1. INTRODUCTION

1.1. This Privacy Policy governs the processing of Personal Data of independent individual users (the “User” or “you”) of the Tachogram Service, visitors of the Tachogram website (“you”) as well as the processing of Personal Data by Tachogram on behalf of companies, organizations, institutions, groups of people, etc., that monitor and process personal data of their employees or other individuals within their Tachogram account (“Client”), within the Service.

1.2. Tachogram shall process Personal Data in accordance with applicable data protection laws and in respect of Data Subjects within the European Economic Area (“EEA”). Tachogram shall comply with requirements of the European Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April, 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).

1.3. The terms “Personal Data”, “Data Subject”, “Processing”, “Controller”, “Processor” and “Supervisory Authority”, as used in this Privacy Policy, shall have the same meanings as given in the GDPR.

1.4. Tachogram acts as a Data Controller and sets the purpose and means for processing the following data:

a) Personal Data of the Users who are themselves the clients of Tachogram and who transmit their Personal Data directly to Tachogram, such as drivers and other individuals who register for Tachogram independently (create Tachogram account for their own use);

b) Personal Data of individuals who subscribe for receiving commercial messages and other news and updates from Tachogram, but who are not registered users of Tachogram Service.

1.5. Identity and contact details of the Data Controller in respect of the aforementioned data – SIA Mapon, address: Ojara Vaciesa iela 6B, Riga, LV-1004, Latvia.

1.6. When Tachogram processes Personal Data that has been transferred to Tachogram by the Clients, Tachogram acts as a Data Processor.

2. PROCESSING OF PERSONAL DATA ON BEHALF OF CLIENTS BY TACHOGRAM AS A DATA PROCESSOR

2.1. This section concerns Tachogram Clients that transfer Personal Data of end-users of the Service, such as personal data of Client’s employees, to Tachogram. In respect of such data, the Client sets the purpose and means of processing Personal Data, therefore the Client is the Data Controller.

2.2. Tachogram processes end-users’ Personal Data on behalf of the Client, and only accesses the data for the purpose of rendering the Service, therefore Tachogram is the Data Processor.

2.3. If you as a Data Subject are the end-user of Tachogram Service and your personal data is provided to us by your employer, the privacy policy of the Client (e.g. your employer or other organization that is processing your personal data), on whose behalf we process the data, will apply. This means that any enquiry, request, objection or complaint that you as a Data Subject may have in connection with the processing of Personal Data regarding the Service should be addressed to and resolved by the Client as the Data Controller.

Details of processing

2.4. The Client transfers the Personal Data of its end-users to Tachogram. In that way the Client instructs Tachogram to process Personal Data in order to provide Service to the Client pursuant to the agreement concluded between the Client and Tachogram.

2.5. For the avoidance of doubt, this Privacy Policy contains complete and final instructions of the Client to Tachogram in relation to processing end-users Personal Data, and this Privacy Policy constitutes a binding data processing agreement.

2.6. Tachogram will always process all Personal Data on behalf of the Client, following the Client’s instructions and in compliance with the applicable data protection laws and regulations including requirements of GDPR, where applicable.

Type of personal data and categories of data subjects

2.7. Categories of data subjects whose Personal Data will be processed on behalf of the Client include the Client’s employees, representatives and other end-users that will be registered under Client’s account. The information about these individuals that may contain Personal Data is indicated in Paragraph 4.

2.8. Client represents that it has acquired all necessary consents and/or relies on other appropriate legal basis for the processing of Personal Data of end-users. Client confirms that end-users have been informed about the fact that their Personal Data is transferred to Tachogram as a Processor and other third parties used by Tachogram for the provision of Service.

Duration of the processing

2.9. Tachogram will process the aforementioned data for as long as Tachogram provides the Service to the Client and the Client has an active Tachogram account. However, Personal Data can be deleted at any time upon Client’s request.

2.10. After terminating contractual relationship between Tachogram and the Client, we may continue to store some Personal Data, limited to the minimum amount required, for us to comply with legal obligations, to ensure reliable back-up systems, resolve disputes between the Client and Tachogram, if any, prevent fraud and abuse, enforce Tachogram agreements, and/or to pursue legitimate interests of Tachogram or third parties.

Sub-processors

2.11. The Client consents that Tachogram, for the purpose of providing Service to the Clients, uses sub-processors that provide Tachogram the services indicated in Paragraph 7. Tachogram ensures that it only uses sub-processors that comply with the same data protection obligations as set out in this Privacy Policy, in particular, provides sufficient guarantees and has implemented appropriate technical and organizational measures and otherwise comply with the requirements of GDPR, where applicable. If such sub-processor fails to fulfil its data protection obligations, Tachogram shall remain liable to the Client.

Assistance to the controller

2.12. Taking into account the nature of the processing, Tachogram as a Data Processor will assist the Client with provision of technical or organizational measures, insofar as possible, for the fulfilment of the Client’s obligations as a Data Controller in relation to:

a) Any requests from the Client’s end-users in respect of access to or the rectification, erasure, restriction, portability, blocking or deletion of their Personal Data that Tachogram processes on behalf of the Client. In the event that a Data Subject sends such a request directly to Tachogram, Tachogram will promptly forward such request to the Client; 

b) The investigation of Personal Data breaches and the notification to the Supervisory Authority and Client's end-users regarding such Personal Data breaches; 

c) Where appropriate, the preparation of data protection impact assessments and, where necessary, carrying out consultations with any Supervisory Authority.

Return and deletion of data

2.13. Unless otherwise required by applicable law, Tachogram has no obligation to store the Client’s data after termination of the agreement with the Client and deletion of the Client’s account and all accounts associated with it.

2.14. At the choice of the Client, Tachogram will delete or return all the Personal Data to the Client after the end of the provision of Service relating to processing and shall delete existing copies, unless applicable law requires Tachogram to store such Personal Data.

3. PURPOSES AND GROUNDS OF PROCESSING

3.1. Tachogram as a Controller shall process your Personal Data in order to provide you with the Service, improve our Service, solve any Service related issues you may have and ensure that you receive the best customer experience possible.

3.2. Tachogram collects and processes your Personal Data including, but not limited, for the following purposes:

  • Registering you for the use of the Service by creating your Tachogram account;
  • Sending you invoices and processing payments for the Service;
  • Personalizing your use of the Service when you set up your account settings;
  • Analyzing your performance as a feature within our Service;
  • Communicating with you to inform you about Tachogram Service and provide you any Service related support, answer your questions and process your requests;
  • To improve Service or to develop new features within the Service;
  • Analytics and measurement to understand how our Services are used. For example, we analyze data about your usage of the Service to optimize product design, to generate reports and create statistics about use of Tachogram Service;
  • Delivering personalized ads, promotions and offers to you;
  • Protecting legal interests of Tachogram, its Clients, Users and other third parties and for legal reasons such as, e.g. enforcing our Terms & Conditions or Privacy Policy, complying with any applicable law and assisting law enforcement authorities.

We will ask for your consent before using your information for a purpose that is not covered in this Privacy Policy.

3.3. Tachogram only collects and processes your Personal Data where we have lawful basis. Legal grounds for the processing of your Personal Data vary depending on the specific group of data and the purposes for processing it. Note that we may be processing the same Personal Data for several purposes simultaneously and, respectively, on more than one legal ground.

Contract. Most of the time the legal basis for processing your Personal Data is the contractual relationship between you as the User of Service and Tachogram, since we need certain information to conclude the contract and fulfil our obligations arising out of this contract.

Legal obligation. In some cases, Tachogram processes Personal Data on basis of legal obligations, imposed on us by applicable law, such as financial and tax reporting obligations, or if we have to respond to legal process.

Legitimate interests. Processing of your Personal Data is necessary for pursuing legitimate interests of Tachogram or the legitimate interests of third parties, always ensuring that such processing shall not outweigh your rights and freedoms. For example, we may process your data for marketing purposes based on our legitimate interest of growing and improving our business. Other legitimate interests include maintaining Service to meet the needs of our Users and Clients, advertising to make our Service freely available for users, detecting and preventing fraud, abuse, security and technical issues with the Service, fulfilling obligations to our partners, enforcing legal claims, etc.

Consent. We process some Personal Data based on your consent. This is the information that we do not need for performance of the contract, but you voluntarily may provide us with such information. By taking such clear affirmative action as entering notes, entering your email address in blog subscription field and clicking “subscribe” you signify your consent to the processing of your respective Personal Data. Note that you have the right to delete this information and withdraw your consent at any time.

4. INFORMATION WE COLLECT FROM TACHOGRAM USERS AND CLIENTS

4.1.    Tachogram collects, generates and receives information in a variety of ways when you use the Service or place an order. Some of this information constitutes Personal Data.

Information you provide upon creating your account or placing an order

4.2. As a User of Tachogram Services you provide us with the following information, containing your Personal Data:

  • Full name / company name;
  • Email address;
  • Payment information;
  • Phone number;
  • Shipping / billing address.

4.3. Please note that some options within the Service allow you to voluntarily disclose Personal Data. Tachogram does not oblige you to submit such data, since it is not essential for provision of the Service, and you are able to use the Service without providing us with the aforementioned data.

Third-party integrations

4.4. You can choose to integrate third-party services in relation to certain aspects of Tachogram Service. A third-party service is a software that integrates with the Service and you can enable or disable such integration for your Tachogram account.

4.5. Once enabled, the relevant third-party service provider may share or receive certain information (including importing or exporting). You should check the privacy settings of these third-party services to understand what data may be disclosed to us.

Information you provide by using or configuring your account

4.6. Upon configuring settings of your Tachogram account, you may provide us some information that, in connection with other information, may contain Personal Data (such as location, time zone, etc.).

Information processed when using the Service

4.7. Some of the information processed by Tachogram is associated with you or your employees by using the Service, and this information may also contain following Personal Data about: 

  • Your device and browser (such as IP address, browser type, software version etc.);
  • Digital tachograph and driver’s activities (time spent on breaks, start, stop and end time of driving, driving duration, tachograph calibration, tachograph manufacturer, absence calendar, information about colleagues, option to use calculation tool of costs, etc.);
  • Vehicle (such as name and type of vehicle, mileage, technical information, etc.);
  • Digital tachograph card (such as card issuing authority, information about controls, etc.).

4.8. When you are just the end-user and not the Client of the Service, the above-mentioned information is provided to Tachogram by the Client (e.g. your employer).

5. INFORMATION WE COLLECT FROM TACHOGRAM WEBSITE VISITORS

5.1. Upon visiting our website, we may collect and process the following information that may contain your Personal Data:

  • Your device and browser;
  • Your IP address;
  • Other information that is collected from cookies and similar technology we use.

Learn more about how we use cookies on our website by reading our Cookie Policy.

5.2. When you subscribe to our newsletters or ask for customer support, you are providing us contact information that contains your Personal Data (such as your name, last name, email address, phone number etc.).

5.3. When you subscribe to our blog or newsletter we will process your email address to send you informative materials, such as newsletters, advertisements and others. You can unsubscribe from receiving the above-mentioned information in your email footers at any point in time.

6. RETENTION PERIOD

6.1. Tachogram retains Personal Data of User account for as long as you maintain your Tachogram account, or as otherwise necessary for Tachogram to provide the Service to you.

6.2. After you as a User terminate your relationship with us by deleting your Tachogram account or otherwise terminating the contract for Tachogram Service, we may continue to store certain information as reasonably necessary to comply with our legal obligations, resolve disputes, if any, prevent fraud and abuse, enforce our agreement, and/or to protect our legitimate interests.

7. SHARING YOUR PERSONAL DATA WITH THIRD PARTIES

7.1. For Tachogram to be able to provide you with our Service, we work with third parties that provide us with different services we need in ordinary course of our business. Therefore, we share your Personal Data with such third-party service providers. They process your personal data on behalf of Tachogram.

7.2. The categories of recipients of Personal Data include hosting and server co-location service providers, communication and content delivery networks, data and cyber security service providers, billing and payment processing service providers, fraud detection and prevention service providers, web analytics, email distribution and monitoring service providers, session recording service, advertising and marketing service providers, legal and financial advisors, among others (“Third-Party Service Providers”).

7.3. Third-Party Service Providers only receive strict minimum amount of Personal Data as necessary for them to provide us the requested service. Tachogram shares Personal Data only with such Third-Party Service Providers that are able to demonstrate that they have implemented appropriate measures to ensure that Personal Data is processed in compliance with GDPR and other applicable laws and regulations.

7.4. In certain situations, we might have a legal obligation to share your information with third parties. Such situation may arise when sharing your Personal Data with third party is required by law or when information is requested by public authorities.

7.5. Tachogram may share your Personal Data if Tachogram organizes the operation of Services within a different framework, or through another legal structure or entity, or if Tachogram is acquired by, or merged into or with another entity, or if Tachogram enters bankruptcy, provided, however, that those entities agree to be bound by the provision of this Privacy Policy, with respective changes taken into consideration.

7.6. Personal Data processed by Tachogram may be transferred to Third-Party Service Providers that are located outside of EEA. If Tachogram transfers Personal Data to a Third-Party Service Provider located outside of EEA, Tachogram will only send Personal Data to such recipients that have taken adequate data processing and protection requirements and that are able to ensure an adequate level of protection, or have provided adequate guarantees.

8. DATA SUBJECT’S RIGHTS

8.1. Individuals located in certain countries, including the EEA, have certain statutory rights in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to request access to your Personal Data to seek to update, delete or correct this data, restrict or object to processing of your data, as well as the right to portability of your Personal Data.

8.2. You can use these rights by logging into your Tachogram account, or by getting in touch with Tachogram, using the contact information provided below.

8.3. Furthermore, if you believe that Tachogram has unlawfully processed your Personal Data, you have the right to submit a complaint to Tachogram by using the contact information provided below, or you may submit complaint to a respective data protection supervisory authority. 

8.4. If you are an individual, whose Personal Data has been provided to Tachogram by the Client (e.g. employee of the Client), please contact the Client to exercise your rights as a Data Subject stated above.

8.5. In case Tachogram receives complaint or request from an individual, whose Personal Data has been provided to Tachogram by the Client, exercising his/her rights as a Data Subject, Tachogram will not respond to such complaint or request without prior written authorization by the Client.

9. PERSONAL DATA SECURITY

9.1. Tachogram uses reasonable organizational, technical and administrative measures to protect the confidentiality, integrity and availability of Personal Data. Unfortunately, no data transmission or storage system is guaranteed to be 100% secure, therefore we cannot guarantee absolute security of information. We encourage Users, Clients and their end-users to take care of their own Personal Data as well as Personal Data in their possession and set strong passwords for Tachogram account, limit access to computer and browser by signing out after the end of session, and, as possible, avoid providing Tachogram with any sensitive information, disclosure of which could cause substantial harm to Data Subject.

9.2. All of Tachogram’s authorized personnel, involved in the processing of Personal Data provided to us, have committed themselves to confidentiality obligations and shall not access or otherwise process Personal Data without authorization and, if it is not necessary, for the purposes such data was obtained in the first place.

9.3. In the event a Personal Data breach occurs, we will notify you in compliance with the obligations set out in applicable laws and will provide reasonable assistance regarding the investigation of Personal Data breaches, and the notification to the supervisory authorities and data subjects regarding such personal data breaches.

10. DATA PROCESSING AUDIT

10.1. Upon Client’s written request, Tachogram agrees to provide the Client with sufficient information to demonstrate compliance with obligations laid down in this Privacy Policy and applicable laws and regulations. This information should be provided to the extent that such information is within Tachogram’s control and Tachogram is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.

10.2. If information provided to the Client does not provide sufficient information to confirm Tachogram’s compliance with this Privacy Policy, then Tachogram agrees to allow for and contribute to data processing audits.

10.3. Such audits are allowed to be carried out by independent third party with good market reputation, provided that it has sufficient experience and competence to carry out data processing audits, and election of such auditor must be mutually agreed by both the Client and Tachogram. 

10.4. The timing and other practicalities related to any such audit or inspection are determined by us, and any such information and assistance are provided at exclusively the cost and expense of the Client. We reserve the right to charge the Client for any additional work or other costs incurred by us in connection with the Client using such rights. The Client has rights to request the audit once every 2 years.

10.5. The auditor will have to sign confidentiality agreement which includes obligation not to disclose business information in its audit report, and the final report will also have to be provided to Tachogram.

11. PRIVACY POLICY CHANGES

11.1. Tachogram may occasionally amend this Privacy Policy, for example, in cases when we introduce new services or new features. The amendments to this Privacy Policy enter into force and are applied from the moment they have been uploaded to this page.

11.2. Therefore, we encourage you to check this page from time to time. By continuing to use our Services or otherwise providing Personal Data to us, after the amendments to this policy have been implemented, you agree to the updated terms of Privacy Policy.

12. GOVERNING LAW

12.1. This Privacy Policy shall be governed by the laws of the Republic of Latvia, and any action or proceeding related to this Privacy Policy (including those arising from non-contractual disputes or claims) will be brought in the courts of the Republic of Latvia.

13. CONTACT INFORMATION

13.1. In case you have any questions about this Privacy Policy or our data processing practices, or if you would like to exercise any of your rights as a Data Subject regarding your Personal Data, please contact us by email info@tachogram.com.

 

© Tachogram, 2018