PRIVACY POLICY
pursuant to and for the purposes of
Article 13 of the Regulation
(UE) 2016/679
Pursuant to and for the purposes of Article 13
of Regulation (EU) 2016/679 of April 27, 2016 (hereinafter, “GDPR” or “Privacy Regulation”), Actia Italia S.r.l, with registered office in Torino, Corso Unione
Sovietica,
612/15/b - 1013, as the Data Controller (hereinafter, the “Company” or the “Data
Controller”) informs the users of the “Web
Portal” and “Mobile App” service
- managers and drivers - (hereinafter, the
“Users”)
that your personal data shall be processed according to the following
modalities and for the following purposes:
The
present Privacy Policy applies only to personal data collected by the “Web Portal” to
which the Mobile App refers.
Actia Italia S.r.l., with registered office in Torino,
Corso Unione Sovietica
612/15/B, 10135 (Vat number 08166150014) (e-mail:
privacy@actiaitalia.com).
The Data Controller processes the following personal data communicated
by the users during the use of the
“Web Portal” and “Mobile App” (hereinafter “Data”
or “Personal Data”).
With respect to the “manager section” the Data
controller processes the following personal data in particular name, surname,
address, e-mail address, phone number of the drivers authorized to use the
application and to drive the vehicles, data related to “company cards or driver
cards” related to the transportation activity, data related to vehicles
associated with the manager (VIN number, vehicle position registered in the
system, vehicle license plate) and monitoring data (such as total driving hours
performed, rest periods, and details of driving times).
With respect to the “driver section” - available only on the Mobile App –
the Data controller processes the following personal data communicated by the
user during the registration phase, in particular e-mail address
(personal or business), first and last name where indicated in
the e-mail address, driver’s nickname who - following e-mail registration -
will be asked to confirm his identity.
Personal data shall be processed, without user’s prior consent, for the
following purposes and legal basis:
a) the execution of the contract and the fulfilment of pre
and post-contractual obligations (article 6, par.1, lett.
b GDPR), in particular:
-
to
the management of the “Web Portal”;
-
to
the management of the “Mobile App”;
-
to
inform the User, through the content of the App, about the activities carried
out;
-
to
carry out maintenance and technical support necessary to ensure the proper
functioning of the App and related services;
-
to
improve the quality and structure of the App and the Web Portal, creating new
services and features;
-
in
general, for the fulfillment of any pre-contractual and contractual obligationswith the Data Controller.
b) the fulfilment of legal obligations (article 6, par. 1, lett. c); article 9, par. 2 lett.
b) and par. 4 GDPR) such as:
-
compliance
with legal obligations provided for companies operating with vehicles equipped
with a tachograph;
-
compliance
with the obligations established by laws, regulations or national and community
legislations or imposed by the competent Authorities;
c) the pursuing of a lawful interest by the Data Controller (article 6,
par.1 lett.f GDPR), in
particular:
-
the
exercising of rights by the Data Controller in Court and conducting of
litigation;
-
the
prevention and identification of fraudulent activities;
d) with uses’s prior consent:
-
for
the purpose of geolocation of the device which is requested by the operating
system of the device (phone) on which the Mobile App is downloaded. At any time the user may revoke the consent given and deactivate
the geolocation option using the native features offered by the mobile device
used;
-
for
the purpose of vehicle localization. In this context, the localization of the
vehicle takes place through telematics control unit installed on the vehicle
itself; the service is activated upon the user’s request when signing the
contract and is an integral part of the commercial offer.
The provision of Data for the above purposes is
necessary and mandatory and any possible refusal to provide said data could
entails the impossibility to use the services referred to in paraghphs a) to c) (“Web Portal” and “App Mobile”).
The provision on data for purposes referred to
in paraghph d) is optional: regarding the Mobile App,
the user may refrain from activating the “geolocation-option”, without having
any effect on the availability or functionality of the service; in the case of
the geolocalization of the vehicle, that option is
activated at the contract signing and in the event of its refusal, the
contract itself will need to be modified.
The processing and the storage of your personal
data is carried out, both via hardcopy and electronic modalities, for the the above-mentioned purposes and, in any case, in and in
any case, in a manner that ensures their security and confidentiality, in
compliance with the provisions of Article 32 of the Regulation on security
measures. Data Controller informs that personal data provided will be stored on
a server within the European Union and that backups are performed in data
centers located within the European Union.
6.
Recepients or categories of recipients of the personal data:
Data may be made accessible for the purposes
mentioned above to employees and/or collaborators of Data Controller, in light
of their role of persons in charge of the processing as authorized persons
(article 29 GDPR) acting under the authority of the controller.
Moreover, Data may be communicated to companies
and third parties carrying out outsourcing activities on behalf of the Data
Controller as external Data Processors, under article 28 GDPR.
Data may be communicated, even without prior
consent, upon their request, to control bodies, police or judiciary bodies, Tax
Authority, ministerial bodies and competent Authorities, local Institutions and
Tax Commissions, that will process them in their quality of independent Data
Controllers for institutional purposes and/or pursuant to the law during
investigations and controls.
7. Data transfer
The Data Controller does not transfer your personal data in extra-UE
countries or international organization.
The Data Controller shall process the Personal
Data for the time necessary to fulfill the above purposes and anyway for a
period not exceeding 12 months from the date of registration with regard to
data transferred from the memory of the driver/driver cards; data of drivers
qualified to use the application and drive vehicle (identification data) shall
be processed for the entire duration of the contract and, in any case, for a
period not exceeding 36 months from the conclusion of the contract, in order to
allow the user to reactivate the service without losing the data collected up
to then.
At the end of the retention period, personal
data will be deleted, unless there are additional legitimate interests of the
Data controller that make it necessary, after minimization, to retain them.
The Data controller shall facilitate the
exercise of data subject rights unders Article 15 to
22, where limitations provided by the law are not applicable.
Data subject shall be able to exercise the rights anytime:
-
by
sending an e-mail to privacy@actiaitalia.com;
-
by
post at Torino, Corso Unione Sovietica,
612/15/b – 10135.
Data subject has the right to:
•
obtain
confirmation over the existence or inexistence of personal data relating you,
even if not yet registered, and their communication in a comprehensible
way;
•
obtain
the indication and, if necessary, the copy of the i)
source and category of personal data ii) logic applied in case the processing
is performed by means of electronic instruments; iii) purposes and modalities
of the processing; iv) identification references of the Data Controller and the
Data Processors; v) subjects or categories of subjects to whom personal data
may be communicated or who may come to know, in particular if recipients are
extra-EU countries or international organizations; vi) period for which the
personal data will be stored, or if that is not possible, the criteria used to
determine that period; vii) existence of an automated decision-making process
and, in this case, information about the logic involved, the significance and
consequences for the data subject; viii) existence of adequate safeguards in
case of transfer of personal data to an extra-EU country or international
organization;
•
obtain,
without undue delay, the update, the rectification or, whether you are
interested, the integration of incomplete data;
•
revoke
the consent granted at any time, easily, without impediments, using, when
possible, the same channels used to provide them;
•
obtain
the cancellation, the transformation into anonymous form or blocking of the
data;
•
obtain
the restriction of processing;
•
receive
the personal data concerning you in a structured, commonly used and
machine-readable format and transmit those data to another controller without
hindrance from the controller to which the personal data have been provided,
where the processing is carried out by automated means; • oppose to whole or in part to the
processing of personal data regarding you;
•
submit
a data protection complain to the competent Supervisory Authority.
The Data Controller does not carry on any
automated decision making with your personal data, including profiling,
referred to in Article 22(1) and (4) of the GDPR.
Where the Controller intends to further process
the personal data for a purpose other than for which the personal data were
collected, the controller shall provide the data subject prior to that further
processing with information on that other purpose and with any relevant further
information as referred to Article 13 of the Regulation.
Data controller reserves the right to amend or
updates the Privacy Policy at any time. Any update will be published on the
“Portale Web” and App Mobile and it will be effective immediately upon posting.
Last update October, 2024