Privacy App

Privacy Policy of the “Trackting” app pursuant to Articles 13 and 14 of the European Data Protection Regulation

TRACKTING srl has created the “Trackting” app (the “App”) as a commercial app and takes all necessary precautions to protect the privacy of the Users and Users of the digital anti-theft and geolocation Service provided through the App.

This policy is prepared to inform you, Users of the App and Users of the Services provided by our Company (“You” or the “Users”), of how your Personal Data (hereinafter also collectively referred to as the “Data”) is processed, as well as of the exercise of your rights, in accordance with the provisions of the European Regulation 2016/679 on the General Protection of Personal Data (“GDPR”) and Legislative Decree 196/2003, as amended (the “Privacy Code” and, together with the GDPR, the “Applicable Privacy Legislation”).

Your Data is processed in order to provide the Service and make it usable and functional through the App, in compliance with the Applicable Privacy Policy and in accordance with the terms of the App’s user licence. Information and Data collected will not be used for purposes unrelated to or in excess of what is described in this Privacy Policy.

Data Controller

The Data Controller is TRACKTING srl (hereinafter also “We” or the “Company”) with registered office in Via Borgognina, 5 – 61030 Cartoceto (PU) – C.F. – P.IVA P.I. 02036680417.

What Data we may process

Your Personal Data is processed in order to execute a contract, provide the Services you requested and allow the correct and optimal functioning of the App.

The Personal Data we may process are:

your Personal Data

your Contact Data (e-mail and telephone number);

the Data relating to the payment of fees for the use of the Service;

the Data relating to the device on which the App is installed;

the Geolocation Data of the vehicle on which the Tracker is installed and of the device on which the App is installed;

any other Data voluntarily provided by you.

For what purposes we will use your Data and on what legal basis

Depending on their different nature, we will process your Data in the manner, for the purposes and on the basis of the legal preconditions specified below.

A) Personal Identification Data, Contact Data, Payment Data, and any other Data you voluntarily provide us with

In order to use our Service, you are required to register an account through the App and provide a phone number: during registration you will be asked to provide your first name, last name, and e-mail address to create an account, and a phone number to make a phone call to report that the vehicle on which the Tracker is installed has been moved.

We will process such Data to create your account and to enable you to access the App and use our Anti-theft and Geolocation Service. We may also process such Data, and any other information you voluntarily provide to us, to respond to support or information requests we receive through the App or other communication channels.

If a payment is required for the provision of the Service, we will also process Data necessary to process the payment (e.g. Data relating to credit cards used for payments, Billing Data, etc.).

In addition, we may process Data for tax and legal purposes related to the performance of the contract.

Your Personal and Contact Data will therefore be processed on the basis of the following legal prerequisites

in order to perform contractual, pre-contractual obligations and to deliver the contracted Service (Art. 6(1)(b) GDPR) and

for the fulfilment of obligations under laws or regulations (Art. 6(1)(c) of the GDPR).

In this context, the provision of Data is optional, but failure to provide it may result in the impossibility of fulfilling all or part of legal and contractual obligations.

B) Data inherent to the device on which the App is installed.

With the installation of the App, the Company will collect and process Data concerning your device in order to allow the correct installation and operation of the App itself, to provide the Service you requested, as well as to identify any technical or security problems and provide you with the necessary technical support in case of malfunction.

In addition, we may process such Data to ensure the safety and security of you and the Service and to ensure that your use of the Service complies with the law and the contract governing it, as well as to prevent and manage fraud and other illegal activities carried out through the App.

In particular, we will process the following Data: your device model, IP address, phone number, operating system version, browser information, system updates, screen resolution, any network connection and battery level information, language settings, information related to app, browser and device interactions with our Services, reports of abnormal operation or interruptions, date and time information, and any other Device identification data necessary for the proper functioning of the Service.

We will process your Device Data on the following legal grounds

to perform contractual, pre-contractual obligations and to provide the Service that is the subject of the contract (Art. 6(1)(b) of the GDPR).

for the pursuit of our legitimate interest to prevent and manage fraud and other illegal activities carried out through the App (art. 6(1)(f) of the GDPR).

C) Geolocation data of the vehicle on which the Tracker is installed and the device on which the App is installed.

We process information on the location of the vehicle on which the Tracker is installed and of the device on which the App is installed in order to enable the operation of the App and the provision of the Service requested by you. Specifically, the Tracker sends, via SIM, the GPS coordinates of the vehicle which are collected, encrypted and stored by us for the time necessary for the provision of the Service.

From the time of collection we process such Data using encryption systems (AES).

We will only process Geolocation Data on the basis of your valid consent (Article 6(1)(a) of the GDPR, and Article 126 of the Privacy Code).

Your consent to the processing of Geolocation Data is free. In this context, failure to consent to the processing will result in the impossibility of providing the digital anti-theft and geolocation Service for the vehicle on which the Tracker is installed.

The User has the right to withdraw consent to the processing of geolocation Data at any time

by disassociating the Tracker through the App, with respect to information on the position of the vehicle on which the Tracker is installed

by deactivating the specific geolocation function on your device, with respect to the location information of the device on which the App is installed.

In the event you revoke your consent, it will be impossible for us to continue providing the Anti-theft and Geolocation Service and, therefore, the provision of the Service will be suspended.

D) Contact Information.

We may use the e-mail address that you provide to us to send you commercial communications that are strictly related to the Products and/or Services provided to you or otherwise relating to similar products or services. However, if you do not wish to receive these communications, simply request that your Data not be used for this purpose by sending an email to privacy@trackting.com, or by clicking on the link for opting out of receiving communications considered as unsolicited, made available within the promotional emails sent by the Company.

We will process your Data for this purpose on the basis of our legitimate interest (Art. 6(1)(f) of the GDPR).

How long we will process your Data

We will process the Data for as long as required to pursue the purposes for which it was collected.

Specifically:

the Data collected for purposes related to the execution of the contract and the provision of the Service, will be processed as long as the user’s account is active and kept for two years after any deactivation; the Data relating to payments made and in general accounting and fiscal Data will be kept for ten years;

Geolocation Data shall be kept, encrypted, for six months; if the Geolocation Data are from time to time necessary to assert or defend your or the Company’s rights in court, they may be kept for the further period strictly necessary for their pursuit.

At the end of the retention period the Personal Data will be deleted. Therefore, upon expiry of the aforementioned terms, the rights of access, cancellation, rectification and the right to Data portability can no longer be exercised.

For purposes referred to in letter d) of paragraph 3, Data will be kept until a request to object to the processing is received and, in any case, no longer than two years after the deactivation of the account.

Place of processing and transfer of Personal Data abroad.

Your Personal Data is processed within the European Union and will not be transferred outside the European Economic Area.

To whom we may disclose your Data

Your Personal Data may be disclosed to the following categories of recipients

external parties who process Personal Data on our behalf and who are specifically appointed as data processors for this purpose (e.g. legal and accounting service providers, hosting providers, technical and IT service providers, external consultants, etc.);

parties, entities or authorities to whom we are obliged to communicate your Personal Data by virtue of legal provisions or orders from the authorities.

Your Rights

You may exercise the rights set out in more detail below, including, among others, the right to request access to, rectification or deletion of the Data, restriction of processing and to object to their use by us, as well as the right to request delivery of some of them.

Right of Access

You have the right to obtain from the data controller confirmation as to whether or not personal Data concerning you is being processed and, if so, to obtain access to the Personal Data and the following information:

(a) the purposes of the processing;

(b) the categories of Personal Data concerned

(c) the recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular if they are recipients in third countries or international organisations and, if so, the existence of appropriate safeguards

(d) where possible, the proposed period of retention of Personal Data or, if this is not possible, the criteria used to determine that period

(e) the existence of the right of the data subject to request from the controller the rectification or erasure of Personal Data concerning him/her or the restriction of the processing of Personal Data concerning him/her or to object to their processing

f) the right to lodge a complaint with a supervisory authority;
g) if the Data are not collected from the data subject, all available information on their origin

(h) the existence of an automated decision-making process, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way and, at least in such cases, meaningful information on the logic used, as well as the importance and the envisaged consequences of such processing for the data subject.

Right of rectification

The data subject shall have the right to obtain from the controller the rectification of inaccurate Personal Data concerning him/her without undue delay.

Right to erasure

The data subject shall have the right to obtain from the controller the erasure of Personal Data concerning him/her without undue delay and the controller shall be obliged to erase the Personal Data without undue delay, if one of the following grounds exists:

(a) the Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

(b) the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing

(d) the Personal Data has been unlawfully processed;

(e) the Personal Data must be erased in order to comply with a legal obligation under European Union law or the law of the Member State to which the controller is subject;

Rights to restriction of processing

The data subject has the right to obtain from the controller the restriction of processing when one of the following cases occurs:

(a) the data subject disputes the accuracy of the Personal Data, for the period necessary for the controller to verify the accuracy of such Personal Data;

b) the processing is unlawful and the data subject objects to the erasure of the Personal Data and requests instead that its use be restricted

(c) although the controller no longer needs the Personal Data for the purposes of the processing, the Personal Data are necessary for the establishment, exercise or defence of a legal claim by the data subject

(d) the data subject has objected to the processing, pending verification as to whether the data controller’s legitimate reasons prevail over those of the data subject.

Right to Data portability

The data subject shall have the right to receive in a structured, commonly used and machine-readable format the Personal Data concerning him or her provided to a data controller and shall have the right to transmit such Data to another data controller without hindrance from the data controller to whom he or she has provided them where:

(a) the processing is based on consent or on a contract; and

(b) the processing is carried out by automated means.

When exercising your rights in relation to Data portability, you have the right to obtain the direct transmission of your Personal Data from one data controller to another, if technically feasible.

How to contact us to exercise your rights?

You may exercise your rights by contacting us at the contact details below:

TRACKTING srl

Via Borgognina, 5 – 61030 Cartoceto (PU)

E-mail: privacy@trackting.com

Certified mail: trackting@pec.it

How to contact the competent control authority for the submission of any complaints?

Any complaints may be submitted to the Data Protection Authority that can be reached at the following contacts:

Garante per la Protezione dei Dati Personali

Piazza Venezia, 11 – 00187 Rome

Fax: (+39) 06.69677.3785

Tel: (+39) 06.696771

E-mail: garante@gpdp.it

Certified mail: protocollo@pec.gpdp.it

Any changes to this privacy policy

This Privacy Policy may be subject to changes and updates, in whole or in part, including due to changes in applicable law; if changes are made to the way your Data is processed we will notify you of such changes.