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English
Information relevant to the processing of personal data
This information relevant to the processing of personal data addresses the user (the “User”)
who uses the platform via mobile app (the “App”) and/or via Web App (the “Web”), to
register and use the telematics services connected to the data that are collected by the
asset (the “Asset”) equipped with a geo-localization device (the “Device”).
Specifically, the personal and contact information entered by the User when registering on
the platform (the "Personal Data") is processed to allow the User to monitor location data,
usage methods, and parameters of the Asset via the App and/or via the Web.
The App and the Web also automatically collect technical information such as device
identifiers, App and or Web usage events (screens visited, session duration), and
diagnostic data (errors, crashes). The only geolocation data collected concerns the device's
location, which is used to center the map.
The protection of the Personal Data is important to our company, which has developed this
privacy policy, in compliance with art.13 of the European Regulations dated April 27
th,
2016
no. 679 (“GDPR”), to inform on the way your data are collected, used, communicated and
stored.
We therefore invite the User to read this document in order to understand the privacy
protection criteria and to contact us should they have any questions on this matter.
Data controller
In relation to the provision of telematics services via the App and the Web, the Personal
Data shall be processed, as Data Controller, by TESMEC S.p.A., whose registered office
is in Piazza S. Ambrogio 16, 20123 Milan – Italy.
Tierra S.p.A. provides the technological platform of the App and the Web and acts as a
external Data Processor pursuant to Article 28 of the GDPR on behalf of the Data
Controller.
In such capacity, Tierra S.p.A. processes Personal Data solely on documented instructions
of the Data Controller and exclusively for the purposes of providing the services related to
the App and to the Web, without determining the purposes or essential means of such
processing
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Processing carried out independently by Tierra
Tierra S.p.A. also carries out independent processing of technical and App/Web usage data
(such as screen view events, session duration, crash data and performance data), collected
in aggregated form and not aimed at the provision of the Data Controller’s services.
Such data are processed by Tierra, acting as Data Controller, exclusively for technical
analysis, security and improvement of the App and of the Web as a product, regardless of
the brand or graphic configuration adopted.
The independent processing activities carried out by Tierra S.p.A. shall be functionally and
technically separated from the processing activities performed in its capacity as Data
Processor, including through the adoption of appropriate organizational and technical
measures ensuring segregation of datasets and access controls. Under no circumstances
shall Tierra S.p.A. access or use Personal Data relating to identified or identifiable Users
of App and the Web for its own purposes.
No transfers of data to non-EU countries
Personal and technical data processed through the App and the Web by Tesmec shall
remain within EU Countries.
They may be transferred to and processed in countries outside the European Union only
for intercompany Tesmec Group synergies. In such cases, the transfer is carried out in
compliance with Articles 44 et seq. of the GDPR, through the adoption of Standard
Contractual Clauses approved by the European Commission and, where necessary,
additional supplementary security measures.
Purpose and juridical basis of the processing
The Personal Data collected through the App and the Web shall be processed for the following
purposes:
a) to complete registration to the App and to the Web, which allows the User, in
performance of the service contract, to use all related functionalities.
b) to provide assistance to the User.
The legal basis for the processing of personal data is the performance of contractual
obligations.
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Processing modes
The User's personal data shall be processed both in hard and soft copy, in compliance with
the aforementioned regulations, using security measures aimed at ensuring their
confidentiality and prevent loss, destruction, modification, access or unauthorized
disclosure of the personal data.
Personal Data is stored in the interest of the User to ensure access to the services
purchased.
The Personal Data collected through the App and the Web shall be deleted, or - in any
case - anonymized, once the purpose of their collection expires and if the User requests
their deletion.
When the User wishes to no longer use the services, he/she can request the cancellation
of his/her Personal Data at the following address service-trencher@tesmec.com.
For the purposes described above, Tierra S.p.A. uses Google Analytics for Firebase and
Firebase Crashlytics. In relation to such processing activities, Tierra S.p.A. acts as Data
Controller, while Google LLC acts as Data Processor or Sub-Processor, in accordance with
the contractual terms governing the relevant services. The technical data collected shall be
retained for the period strictly necessary for security and improvement purposes, in line
with the retention periods defined by the relevant third-party providers.
To the extent that such tools involve the processing of Personal Data, Tierra S.p.A. shall
ensure that such data are processed either (i) as a Data Processor on behalf of the Data
Controller or (ii) exclusively in anonymized or aggregated form, in compliance with the
limitations set out above.
Subjects involved in the processing
The Personal Data are processed by the Data Controller, through its own employees and
collaborators, who are formally authorized to process such data and have been
appropriately instructed and made aware of the obligations and constraints imposed by
data protection legislation, pursuant to Articles 29 and 32 of the GDPR.
The Personal Data shall not be disclosed.
Personal data may be disclosed to, or otherwise accessed by, the following categories of
recipients, regardless of whether they are appointed as data controllers:
a) companies appointed to manage, develop and maintain the App and the Web;
b) law firms for the safeguard - if required - of Data Controller’s rights or to manage
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litigations relevant to the sale and use of the App and the Web;
c) judicial bodies, arbitration panels, mediation bodies and relevant mediators, in case of
litigations;
d) companies in charge of the hosting and maintenance of the App and the Web, or of
the maintenance of the information system.
The provision of the service through the App and the Web involves the use by Tierra S.p.A.,
as independent Data Controller, of specific services:
• Firebase: the App uses Firebase Authentication and Crashlytics. This entails the
collection of technical and identification data necessary for authentication, storage
and crash analysis. Full privacy information is available at:
https://firebase.google.com/support/privacy.
• Google Analytics for Firebase: the App collects aggregated data on user behaviour
in order to improve functionality and security. Full privacy information is available
at: https://policies.google.com/privacy.
• Maps (SDK): the App integrates a mapping service (e.g. Google Maps SDK).
Technical data necessary for the functioning of the mapping service may be
processed; however, no user geolocation data are collected. The only geolocation
data processed relates to the position used solely to center the map.
• Android and iOS permissions used: the App only requires technical permissions
necessary for its internal functioning and for the geolocation data used to center
the map. No permissions are requested to access the microphone. Permissions to
use the camera may be requested.
The independent Data Controller can be requested the updated list of such subjects,
through the
modalities listed in the subsequent paragraph "Rights of the person involved"
Data sharing with third parties
Tierra S.p.A., as independent Data Controller may share some technical data in aggregate
with Google through Firebase and Google Analytics solely for security, analysis and service
improvement purposes. No data are shared for commercial purposes.
Nature of the provision of personal data (mandatory or optional)
The provision of the personal data by the User derives from a contractual obligation and is
required to guarantee the functionalities of the App and the Web as well as to provide
assistance to the User; therefore, failure to transfer such data shall not allow for the full
operation of the service.
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Rights of the data subject
At any time, the User can exercise the right to access the Personal Data, to ask for their
modification, erasure - in the defined cases - the limitation of the processing or to oppose
their processing, as well as the right to ask for the portability of the data, addressing the
request to the Data Controller at the aforementioned address of the registered office, or to
E-mail address service-trencher@tesmec.com.
Right to submit a complaint
Furthermore, we wish to inform that the User will have the right to submit a complaint to
the personal protection Supervisory Authority, should he/she believe his/her data have
been processed in breach of his/her rights.
