Trakm8 is committed to respecting and protecting your privacy

Introduction

It is very important that you read this Privacy Notice in full so that you understand what information Trakm8 collects when you use its services (including the data collected by the Telematics Device fitted to your vehicle) and how we then process that information.

This Privacy Notice only covers the processing performed by Trakm8 and its sub-processors; it does not cover any additional processing performed by the “Contracting Entity” which is typically an employer, insurer, leasing company or other owner of the vehicle.

It is therefore important that you also read the Privacy Notice provided by the Contracting Entity to obtain a full picture of the processing being undertaken.

Of course, there may not be a Contracting Entity where you have purchased the Telematics Device from us in your own individual capacity.

Phrases which start with capital letters (such as “Privacy Notice”) are defined in the Definitions section at the end of this notice.

Note that, Drivers must ensure that any Nominated Driver and/ or Associated Person (e.g. temporary driver, car mechanic, passenger) is informed that a Telematics Device is fitted to the vehicle, advise them of this policy and where to find a copy.

Who we are

In this privacy statement, the terms “Trakm8”, “we”, “us”, “our” refers to Trakm8 Limited (company number 04415597) who may be acting both as a Data Controller in relation to the data we collect or hold about you and/or as a Data Processor.

Trakm8’s registered office is at 4 Roman Park, Roman Way, Coleshill, West Midlands, B46 1HG.

Controller / Processor status

Under Data Protection Legislation, Trakm8 can be both a Data Controller and a Data Processor of your Personal Information in conjunction with the Contracting Entity.

The Contracting Entity may also be a Data Controller under Data Protection Legislation.

Revisions to this Driver Privacy Policy

As our products and services develop, there may need to be revisions to this Privacy Policy. You should refer back to this website (https://www.trakm8.com/driver-privacy-policy) from time to time to view the latest Driver Privacy Policy.

How we collect your Personal Information

What data do we collect when you or the Contracting Entity registers for our Services?

When you or the Contracting Entity registers you for our Service, we will typically collect such Driver information as may be required to set up and deliver the Service. This information may include such items as:

• Contact Name

• Company Name

• Vehicle Registration(s)

• Billing Information such as bank account and sort code

• Billing Address

• Work Address

• Driver Names

• Proof of identity

Note that this information may be collected directly from the Drivers or may be provided to Trakm8 by the Contracting Entity.

What data do we collect in order to install your Telematics Device?

Where Telematics Devices (Fitted To Vehicles) are concerned, we will typically collect the information we require to undertake the installation and will share this with our installation partners. This information may include such items as:

• Contact Name and Details (e.g. telephone number, email)

• Vehicle Registration

• Installation Address

Note that this information may be collected directly from the Driver or may be provided to Trakm8 by or on behalf of the Contracting Entity.

What data do we collect from the Telematics Device?

Once the Telematics Device has been installed and activated, it will record and analyse data relating to the vehicle to which it has been fitted.

Depending on the specific unit fitted, the Telematics Device will collect information such as:

Battery Status Data – the output from a battery health algorithm

Dashcam or Camera Data – data produced by a Camera

Driver Profile Data – the scoring output from the Trakm8’s driver profiling algorithm

Diagnostic Data – refined data produced by the Hardware or the Customer Hardware which is derived from the On Board Diagnostic Data

FNOL Data – first notification of loss whereby an alert is generated from an algorithm following a suspected crash event

On Board Diagnostic Data – all raw, unprocessed data specified under the European On-Board Diagnostic standards available at a Vehicle or plant’s J1962 diagnostic socket or obtained from the Customer Hardware

Telematics Data – all data collected by a Trakm8 supplied Telematics Device / Dashcam relating to the journeys made such as start/end position, GPS location, date, time etc.

o Note: This includes Private Journey data. You should check with the Contracting Entity whether they will receive Private Journey data as part of our Service.

This information is processed and stored on our servers and both live and historic data may be passed on to the Contracting Entity, depending on the extent of the Services we are providing to them. Please see the Contracting Entity’s Privacy Policy for details of what information the Contracting Entity receives and how they use that information.

What Data do we collect from the App on your mobile device?

When you access the App via a mobile device, we will process your device location and settings to enable the ‘Find My Car’ function within the App, to allow the Bluetooth features to operate and to help optimise performance.

Granting these permissions is necessary for the App to operate correctly.

This Data is used locally by the App and is NOT transferred from the device.

We may also collect Personal Information that you enter into the App such as the type of journey (e.g. Business or Private) or when you amend Vehicle details.

This information may be passed on to the Contracting Entity, depending on the extent of the Services we are providing to them. Please see the Contracting Entity’s Privacy Policy for details of what information the Contracting Entity receives via the app and how they use that information

What data do we collect when you use our Optimisation Services?

Where you use our Optimisation services, we will collect relevant information to allow an optimised route to be calculated.

This information may include such items as:

• Order Details:

o Depot

o Assigned driver

o Order number

o Planned date / time

o Delivery / Collection address

o Weight

• Vehicle Details:

o Make

o Model

o Registration / VIN

o Odometer readings

o Max weight / Carry weight

o Cost per day / km

o Fuel type (petrol, diesel, electric)

o Depot

• Driver details:

o Name

o Contact details (mobile / email)

o Shift start / end

o Cost per hr / overtime

o Driving time

o Depot

• Depot:

o Depot name

o Location

o Opening / Closing time

We will use this information to calculate optimised routes based on the size and capabilities of your fleet and to help ensure that vehicles & drivers across the complete operation are utilised to make delivery or service schedules as efficient as possible

If you also utilise our Electronic Point of Delivery (EPOD) services, we will also collect:

• Customer signature

• Proof of delivery photos

What data do we collect when you use our Support Services?

Where you contact our Customer and Technical Support teams for any reason, we will collect such information as may be required to deal with and respond to your enquiries.

This information may include such items as:

• Contact Name

• Company Name

• Vehicle Registration(s)

• Work Address

• Driver Names

• Data Where you contact us using our Out of Hours support service, we will share this data with our Contact Centre Service Partners.

How and why we use your Personal Information

We use the information we hold on you for the following purposes:

• For account set-up and administration, billing and payments

• For essential communications such as password resets and service notifications

• For device installation(s) / de-installation(s)

• For performing our contract(s) and delivering the service(s)

• For providing technical and customer support

• For marketing – unless you or the Contracting Entity has asked us not to

Essential Communications

Essential communications will be delivered to all registered users via email using the email address that you or the contracting entity have supplied as part of the initial registration and set up.

It is not possible to opt-out of these communications as they are essential to the service being offered.

These essential emails include communications such as password reset emails and service notifications (i.e. when service may be unavailable due to maintenance work or similar).

Those users nominated as Organisational Administrators will also receive additional emails intended to assist in ensuring that the system is correctly set up and configured.

Use of Data

Where a Telematics Device is fitted to your vehicle, we will collect and/or process Data.

We use this Data to provide the Service. We also use this Data to maintain and improve the Service and to carry out research and development for new products and services and other commercial activities unless otherwise agreed with the Contracting Entity.

Trakm8 maintains a database of all Data and will keep this information in accordance with the retention periods determined by Trakm8 or otherwise agreed between Trakm8 and the Contracting Entity.

Note, that Trakm8 may aggregate and anonymise location and/or driving behaviour for statistical or business purposes. All aggregated and anonymised Data is the property of the Trakm8 where it does not constitute Personal Data.

Use of Mobile Device Data

When you access the App via a mobile device, we will process your device location and settings to enable the ‘Find My Car’ function within the App, to allow the Bluetooth features to operate and to help optimise performance.

Granting these permissions is necessary for the App to operate correctly.

This Data is used locally by the App and is NOT transferred from the device.

We may also collect Personal Information that you enter into the App such as the type of journey (e.g. Business or Private) or when you amend Vehicle details.

This information may be passed on to the Contracting Entity, depending on the extent of the Services we are providing to them. Please see the Contracting Entity’s Privacy Policy for details of what information the Contracting Entity receives via the app and how they use that information

Profiling – Driver Behaviour Scores

Trakm8 systems allow Driver Behaviour Scores to be calculated based on recorded telematics data and other publicly available data such as speed limits. The calculation of Driver Behaviour Scores is a form of profiling under Data Protection Legislation.

Driver Behaviour Scores are calculated using a combination of recorded telematics data, speed limit or similar data and System Thresholds that may be defined within our systems by the Contracting Entity. These thresholds typically relate to legal speed limits (speeding events), acceleration rates (harsh acceleration events), deceleration rates (harsh breaking events) or other driving behaviours (such as harsh cornering).

Trakm8 does NOT use the Driver Behaviour Score profiling for any form of automated decision making.

Calculated Driver Behaviour Scores are passed directly from Trakm8 to the Contracting Entity for their subsequent processing and use.

Trakm8 do not control the use of Driver Behaviour Score data by the Contracting Entity and you should contact the Contracting Entity directly for further information on their use of this data.

Enquiries relating to Driver Scoring and how it is used should be directed to the Contracting Entity in the first instance.

Lawful Basis

Trakm8 and its partners will collect, process and use personal data collected by the Telematics Device and will pass this information to the Contracting Entity on the basis of its Legitimate Interests in order to provide the Service.

Trakm8’s Legitimate Interests are:

• to run, grow and develop our business;

• to administer our contracts with our customers;

• to make and receive payments

• to provide goods and services to our customers;

• to provide support for our goods and services;

• marketing, market research and business development.

Please note that the Contracting Entity will have determined their own, separate lawful basis for their collection, processing and use of Personal Information and the subsequent collection, processing and use of the Personal Information provided by Trakm8.

Enquiries relating to the Contracting Entity’s lawful basis for processing Personal Information should be directed to the relevant individual within the Contracting Entity’s organisation responsible for data protection and/or fleet related matters.

Retention Period

Typically, Trakm8’s retention periods for Telematics Data are determined by reference to Trakm8’s own retention policies or otherwise defined by the Contracting Entity as part of the contractual agreement in order to reflect the Contracting Entity’s legal and organisational requirements.

Enquiries relating to the retention of data should be directed to the relevant individual within the Contracting Entity’s organisation responsible for data protection and/or fleet related matters in the first instance.

The length of time Trakm8 retains Personal Information will depend on the purposes for which it collects and uses it, or as required to comply with applicable laws, or to establish, exercise or defend our legal rights. However, Trakm8 only keeps your Personal Information for as long as is necessary for the purposes for which the Personal Information is used, processed or required.

Trakm8 may retain Personal Information for a longer period where it deems it necessary to reflect its own legal and organisational requirements. For example, Trakm8 may need to retain elements of your Personal Information for 7 years in case of any investigation by the tax authorities.

Further information on retention periods for specific items of information can be obtained by contacting the Contracting Entity or Trakm8’s Data Protection Officer.

Other parties who may receive or have access to your Personal Information

Contracting Entity

We will share your Personal Information with the Contracting Entity in order to fulfil our contractual agreements with them.

Installation Partners

We may also share your Personal Information with our installation partners in order to deliver and support our goods and services.

A full list of current installation partners can be found here: Trakm8 Installation Partners

‘Out of Hours’ Support Service Provider

Where you contact us for support outside of core hours, we will share your personal data with our Out of Hours service provider.

Google Maps

For the visual presentation of geographic information, we use Google Maps API, a service provided by Google Inc. in accordance with Google’s privacy policy.

By using these maps you agree to be bound by the Google Maps/Google Earth additional terms of service.

Each time the components of Google Maps are used, Google places a cookie in order to process the user’s settings and the user’s Data while the user uses the website or application into which the Google Maps service has been integrated.

The information generated through Google Maps API is generally transferred to a Google server in the USA and stored there. Google may transmit the Data obtained through the use of Google Maps to third parties if they process this Data on behalf of Google or in cases in which it is legally permitted or prescribed. The IP address provided by your browser as part of Google Maps usage will not be merged with other Google Data.

Nevertheless, it is technically possible that Google could process the Data received for other purposes or could identify individual users without Trakm8 having or being able to exert any influence over this.

For more information on the terms and conditions for Google Maps, please https://www.google.com/intl/en_GB/help/terms_maps/ and Google’s Data privacy statement https://policies.google.com/privacy

Salesforce.com Inc.

We use a CRM system provided by Salesforce for processing installation and support related information. We also use a Salesforce supplied ‘chat’ application on our websites.

These services are hosted from within the UK / EEA

However, it is possible that this Data could be accessed by Salesforce staff from outside of the UK / EEA.

Transfers of Personal Information to Salesforce in the US are permitted under the Privacy Shield certification of Salesforce.

For more information please refer to: https://www.salesforce.com/company/privacy/

Amazon Web Services EMEA SARL / Amazon Web Services Inc. (AWS)

Trakm8’s systems are hosted on AWS infrastructure within the UK / EEA.

However, it is possible that this Data could be accessed by AWS staff from outside of the UK / EEA.

Transfers of Personal Information to AWS in the US are permitted under the Privacy Shield certification of AWS.

For more information please refer to: https://aws.amazon.com/privacy/

Other Parties

We will also share your personal information with third parties in the following circumstances:

• companies assisting us in our support activities;

• companies assisting us in our marketing, advertising and promotional activities;

• third party payment processors in relation to credit/debit card payments;

• fraud prevention agencies if false or inaccurate information is provided to us as part of your use of our services or otherwise, and fraud is identified or suspected;

• credit reference agencies, fraud prevention agencies, payment processors, suppliers of technical and support services, insurers, logistics providers, manufacturers and cloud service providers, debt collectors, our legal and other professional advisors, including auditors;

• if we are under a duty to disclose or share it in order to comply with any legal obligation, to detect or report a crime, to enforce or apply the terms of our contracts or to protect the rights, property or safety of our visitors and customers; and

• when we restructure or sell our business or its assets or are subject to a merger or re-organisation.

International Transfers

All Data and Personal Information is processed within the UK or EEA.

However, a number of the service providers that we use are international organisations who could, in theory, access Personal Information from outside of the UK/EEA.

Wherever Data is transferred, or potentially made available outside of the UK/EEA, we undertake due diligence on the entity accessing or receiving your Personal Information to ensure that they have put in place appropriate technical and organisational measures to protect and secure your Personal Information.

We also ensure that we put or have in place contractual safeguards in accordance with our obligations under the Data Protection Act 2018 and the GDPR.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Your Rights – Controlling your Personal Information

Under Data Protection Legislation, you have the right to:

Request access to the personal data we hold about you and details of any other party we share that data with;

Request a copy of the personal data that we hold about you;

Request that we correct your personal data when it is incorrect, out of date or incomplete;

Request that we stop using your personal data for direct marketing communications;

Request that we stop any consent-based processing of your personal data after you withdraw that consent.

You have the right to request a copy of any information about you that Trakm8 holds at any time, and also to have that information corrected if it is inaccurate.

Your right to withdraw consent

Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent. We will then cease processing your data for that purpose.

Right to Erasure / Deletion / CorrectionYou may also request that some or all of your Personal Information is deleted or corrected; however, the Right to Erasure is not absolute and we may decide to retain the Personal Information if we have an overriding reason for doing so.

If we decide not to action your request we will explain to you the reasons for our refusal.

Direct marketing

You have the right to stop the use of your Personal Information for direct marketing activity through all channels, or selected channels. We will always comply with your request.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.

Trakm8 will normally accept the following forms of ID as proof of identity: a copy of your driving licence, passport, national ID card or in some instances photographic ID cards issued by your employer.

We may also request that the Contracting Entity assists us in verifying your identity.

If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

Making and Dealing with Requests

Any requests relating to this Service and the Personal data being processed will be handled jointly between Trakm8 and the Contracting Entity.

Requests relating to your personal data should be made to the Contracting Entity in the first instance – details of how to do that will be included in the relevant Privacy Notice provided by the Contracting Entity.

However, if you so wish, you are also able to make such as request directly to Trakm8 via email at privacy@trakm8.com or by writing to:

Data Protection Officer
Trakm8
Roman Park
Roman Way
Coleshill
West Midlands
B46 1HG

Contacting the Regulator

If you feel that your data has not been handled correctly or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

The Information Commissioner’s Office can be contacted via telephone on 0303 123 1113 or online at www.ico.org.uk/concerns

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.

Additional Questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:

Email us at: privacy@trakm8.com or write to us at:

Data Protection Officer
Trakm8
Roman Park
Roman Way
Coleshill
West Midlands
B46 1HG

Definitions

App – software application typically installed on a mobile device.

Associated Person – any other person who has been authorised to work on the vehicle (such as mechanics), to drive the vehicle, who use or are provided with or transported in a vehicle fitted with Telematics device for any period of time and for any purpose. It is the Driver’s responsibility to make a copy of this policy available to any Nominated Drivers.

Contracting Entity – the person or organisation entering into the contract with Trakm8 and on whose instructions the Service is provided. This is typically an employer, insurer, leasing company or otherwise vehicle owner;

DashCam – dashboard and/or in vehicle or asset camera(s);

DashCam Data – data produced by a Camera;

Data: Telematics Data, Driver Profile Data, Diagnostic Data, On Board Diagnostic Data, FNOL, Battery Status Data and Camera Data

Battery Status Data – the output from a battery health algorithm

Dashcam or Camera Data – data produced by a Camera

Driver Profile Data – the scoring output from the Trakm8’s driver profiling algorithm

Diagnostic Data – refined data produced by the Hardware or the Customer Hardware which is derived from the On Board Diagnostic Data

FNOL Data – first notification of loss whereby an alert is generated from an algorithm following a suspected crash event

On Board Diagnostic Data – all raw, unprocessed data specified under the European On-Board Diagnostic standards available at a Vehicle or plant’s J1962 diagnostic socket or obtained from the Customer Hardware

Telematics Data – all data collected by a Trakm8 supplied Telematics Device / Dashcam relating to the journeys made such as start/end position, date, time etc.

Data Controller – determines the purposes and means of processing personal data (whether alone or as well as one or more Data Controllers);

Data Processor – is responsible for processing personal data on behalf of a Data Controller;

Data Protection Legislation – Data Protection Act 2018, General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in each case to the extent the same is applicable in the UK, and any successor legislation to the foregoing;

Driver – the Driver and/or owner of the vehicle fitted with a Telematics Device for the purposes of carrying out their duties or for any other purpose;

Nominated Drivers – any other person who has been authorised to drive the vehicle, who use or are provided with or transported in a vehicle fitted with Telematics device for any period of time and for any purpose;

Organisational Administrators – the individual nominated by the Contracting Entity as the system administrator. They are normally responsible for setting up individual users within the system.

Personal Information – Driver personal data collected, processed and/or used by Trakm8, including that personal data supplied to a Contracting Entity during the course of performing its obligations to that Contracting Entity and for the other purposes set out in this Driver Privacy Notice;

Telematics Device – either a Telematics Device (Plug-in) and/or Telematics Device (Fitted to Vehicle) and/or Dashcam;

Telematics Device (Plug-in) – the unit which is fitted into the OBD port of your vehicle that collects and transmits data to us.

Telematics Device (Fitted to Vehicle) – the unit which has been fitted to your vehicle by an installation engineer (as opposed to the Plug-in) and that collects and transmits data to us.

Version 1.6 Date: June 2020

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