Evo - Privacy App

PRIVACY POLICY FOR THE "TRACKTING EVO" APP

 

General

TRACKTING srl has created the "TRACKTING EVO" app as a commercial app and is committed to taking every necessary precaution to protect the privacy of Users of the Service. This page informs the User of the privacy policy for the use of the "TRACKTING EVO" application, i.e., the policies regarding the collection, use, and disclosure of Personal Data when the Service is used.

Please note that the User's Personal Data is collected and used to provide and make the Service usable and functional, in accordance with the terms of use and in compliance with the GDPR (EU Regulation 2016/679 in force from 25.05.2018). The information and data collected will be used to provide and improve the Service and will not be used for purposes unrelated to or exceeding what is described in this Policy.

We reserve the right to modify and/or update this Privacy Policy, informing the User through the most appropriate means. The use of the Services will imply acceptance of the Privacy Policy as modified. We recommend periodically consulting the Privacy Policy. By using the Service, the User accepts the collection and use of information in accordance with this policy which, in accordance with relevant regulations, provides that the processing carried out must always be based on the principles of lawfulness, fairness, transparency, purpose and storage limitation, data minimization, integrity, accuracy, and confidentiality.
Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meaning as in our Terms and Conditions. Please read the General Terms and Conditions carefully, which are available on the trackting.com website.

Table of Contents
1. Data Controller.
2. Personal Data Subject to Processing.
3. Data concerning your device.
4. Data concerning your location.
5. Personal Data of the data subject.
6. Purpose of Processing.
7. Transfer of Personal Data.
8. Storage of Personal Data.
9. Rights of the data subject.

1. Data Controller
The Data Controller is the entity that (possibly in collaboration with third parties) determines the purposes and manner in which Personal Data is or will be processed. For the purposes of this Privacy Policy, the data controller, responsible for the information of Users who use our Services through the "TRACKTING EVO" App, is TRACKTING srl.
For any information regarding the processing of Personal Data by "Trackting," including the list of data processors and any collaborators in data processing activities, you can:
• Send a registered letter with return receipt to the registered office of TRACKTING srl (Via Borgognina 5, 61030 Cartoceto, PU);
Send an email to the certified email address: trackting@pec.it.

2. Personal Data Subject to Processing
By installing the "TRACKTING EVO" App on your Device, we inform you that Trackting srl will process all Personal Data in order to allow the correct and optimal functioning of the Service.
The data collected and processed may consist of: Personal data whose processing is aimed at identifying the User; data related to the Device to ensure the correct and optimal functioning of the Service; data related to location and geolocation for the specific purposes of the Service; any other data voluntarily provided by the User for the better functioning of the system or to access additional Services.

3. Data concerning your Device
By giving your consent to install the "TRACKTING EVO" application, you automatically authorize the installation of the App on your mobile Device and allow Trackting srl to read certain data present on it, access to which is necessary to enable the correct installation and functioning of the application. By installing the TRACKTING EVO App, you consent to access all information related to the Device, such as: the Device model, IP address, phone number, operating system version, browser information, system updates, screen resolution, any information related to network connection and battery level, language settings, information related to app, browser, and device interactions with our Services, reports on abnormal operations or interruptions, date and time information, and any other identifying data of the Device necessary for the functioning of the Service. This information is inherent to the installation of applications, and refusal would make the installation and functioning of the App and the related Service impossible.

4. Data related to the Vehicle's Location, Speed, and Direction.
Trackting srl uses and stores information about the User's vehicle location, speed, and direction to enable the functioning of the App and Service. Specifically, the TRACKER GPS EVO sends the vehicle's GPS coordinates via SIM, which are stored, encrypted, and maintained within the TRACKTING srl cloud infrastructure. The user, through the App, can consult them for the use of the services offered.
Trackting srl provides the following through GPS coordinates:
• anti-theft functionality.
• identification of the last detected vehicle location.
in accordance with the General Terms and Conditions.
To perform this Service, "TRACKTING EVO" has access to data relating to the location, speed, and direction and GPS coordinates of the vehicle, as communicated via the SIM to TRACKTING srl, and therefore viewable by the user through app access.
Consent to the processing of data relating to the SIM and vehicle's location is indispensable for the system's operation. However, protecting Users' privacy is our primary objective. The processing of location data, while necessary for the Service's operation, involves forms of sensitive data storage that prevent full access to it without the use of decryption systems, as further explained in the data storage section.

5. Personal Data of the data subject.
The use of our Service presupposes the processing of Personal Data, i.e., certain information that we may use to contact or identify you, such as registration data (name and surname), and email address.
Any additional personal data that may be voluntarily and optionally entered into the app will not be necessary for the operation of the service and will remain stored exclusively on your device without communication to TRACKTING srl.

6. Purpose of Processing
The processing of the aforementioned data by the "TRACKTING EVO" App has the following purposes:
a) To enable the provision of the Services you have requested, namely: monitoring the position, speed, and direction of your Vehicle and detecting unauthorized movements of the same, through the combined use of the App installed on your Device and the TRACKTING srl GPS TRACKER EVO.
b) To respond to requests for assistance or information that we receive through the App.
c) To carry out profiling activities strictly related to providing you with the Services you have requested.
The legal basis for processing Personal Data, Device data, and Geolocation data for the purposes referred to in points 3a, 3b, and 3c is Article 6(1)(b) of EU Regulation no. 679/2016, as such data processing is necessary for the provision of the Services and therefore "processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract." The provision of Personal Data for these purposes is optional, but any failure to provide it would make it impossible to activate and/or use the Services provided by the system.
d) To fulfill any legal, accounting, and tax obligations;
e) To promote security and protection within and outside the Services, for example by analyzing suspicious activities or violations of the Terms, to ensure the lawful use of the Services; to detect, analyze, prevent, and manage fraud and other illegal activities or technical or security problems; all in order to protect the rights, property, and safety of Users and/or third parties.
The legal basis for processing Personal Data for the purposes referred to in points 3d and 3e is Article 6(1)(c) of EU Regulation no. 679/2016, as, once consent to the processing of Personal Data has been given, processing in these terms becomes necessary to comply with a legal obligation to which the controller is subject.
f) To process studies, research, market statistics, send you advertising, informational material, commercial information or surveys to improve the App ("customer satisfaction") via email or through informative/advertising banners within the App.

The legal basis for such processing is Article 6(1)(a) of EU Regulation no. 679/2016, as the processing of Personal Data for such purposes is not necessary for the provision of the Services and therefore the processing is optional and the lack of consent does not prejudice the use of the Services.
Should the user wish to object to the processing of their Personal Data for marketing purposes, they can do so at any time by sending a request:
• by registered letter with return receipt to the registered office of TRACKTING srl (Via Borgognina 5, 61030 Cartoceto, PU);
• by email to the certified email address: trackting@pec.it
or, in the case of push notifications, withdraw their consent through the Device settings.

7. Transfers of Personal Data.
Your Personal Data is processed and stored within the European Union, but, for the purpose of better service delivery, it may be shared with third parties who may be located outside the European Economic Area. For information, you can write to the following address: support@trackting.com.
TRACKTING srl will take all necessary measures to ensure that your data is treated securely and in accordance with this Privacy Policy and that no transfer of your Personal Data will take place to an organization or country unless there are adequate controls in place regarding your data and other personal information.

8. Data Retention
Your Personal Data may be shared, for the purposes indicated above, with:
a. Data processors, i.e.: i) individuals, companies or professional firms providing assistance and consultancy services to TRACKTING srl in accounting, administrative, legal, tax, financial matters; ii) subjects with whom it is necessary to interact for the provision of the Services (e.g., hosting providers or platform providers for sending emails) iii) subjects delegated to carry out technical maintenance activities (including maintenance of network equipment and electronic communication networks); iv) persons authorized by TRACKTING srl to process data with respect for confidentiality guarantees or with the assumption of legal confidentiality obligations (such as employees of Trackting srl);
b. Subjects, entities or authorities to whom it is mandatory to communicate your Personal Data by virtue of legal provisions or orders from authorities.

Personal Data processed for the purposes referred to in points 3a, 3b and 3c above will be retained for the time strictly necessary to achieve those purposes. In any case, since these are processing operations carried out for the provision of Services, pursuant to Article 6(1)(b), TRACKTING srl will process Personal Data for the time permitted by Italian law to protect its interests (Articles 2946 et seq. of the Italian Civil Code).
Personal Data processed for the purposes referred to in section 3d and 3e will be retained for the time necessary to fulfill the specific obligation or applicable legal provision.
For the purposes referred to in section 3f), your Personal Data will instead be processed until you withdraw your consent and/or until you object. In any case, TRACKTING srl reserves the right to retain your Personal Data for the time permitted by Italian law to protect its interests (Article 2947 of the Italian Civil Code).
TRACKTING srl is particularly attentive to User privacy, and therefore wishes to ensure maximum clarity regarding the processing of location and geolocation data, as this data may contain sensitive information.
Therefore, such data will be stored using encryption systems (AES) to prevent third parties from accessing sensitive data.
Further information regarding the period and methods of data retention and the criteria used to determine such period can be requested:
• By sending a registered letter with return receipt to the registered office of TRACKTING srl (Via Borgognina 5, 61030 Cartoceto, PU);
• By sending an email to the certified email address: trackting@pec.it
9. Rights of Data Subjects
Pursuant to the Applicable Regulations, the Controller informs that Users have the right to obtain an indication (i) of the origin of the personal data; (ii) of the purposes and methods of processing; (iii) of the logic applied in case of processing carried out with the aid of electronic instruments; (iv) of the identification details of the controller and processors; (v) of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it as processors or persons in charge of processing.
Furthermore, Users have the right to obtain:
1. access, updating, rectification or, when interested, integration of the data;
2. the erasure, anonymization or blocking of data processed in violation of the law, including data whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
3. certification that the operations referred to in letters 1) and 2) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in cases where such fulfillment proves impossible or involves a disproportionate effort compared to the protected right.

Furthermore, Users have:
1. the right to withdraw consent at any time, if the processing is based on their consent;
2. the right to data portability (the right to receive all personal data concerning them in a structured, commonly used and machine-readable format), the right to restrict the processing of personal data and the right to erasure ("right to be forgotten");
3. the right to object:
4. in whole or in part, for legitimate reasons, to the processing of personal data concerning them, even if pertinent to the purpose of the collection.
5. if they believe that the processing concerning them violates the Regulation, the right to lodge a complaint with a supervisory authority (in the Member State of their habitual residence, their place of work or the place of the alleged infringement). The Italian supervisory authority is the Garante per la protezione dei dati personali, with headquarters in Piazza di Monte Citorio no. 121, 00186 – Rome (http://www.garanteprivacy.it/).

LAST MODIFICATION DATE: 08.02.2021