Technical contents

Driver Privacy Notice

This notice contains information on the purpose of collection and processing methods of personal details to allow for use of the Services provided by TEXA SpA (“TEXA”) via the eTRUCK Device.
In this document, the words written with a capital letter have the meaning given in the document entitled “TEXA eTRUCK General Terms of Use of the Driver App” unless another definition is given herein.

During creation of his Account the Driver supplies personal details and contact information such as telephone number and email address. During creation of his Account the Driver has to confirm that he has carefully read this Privacy Notice and accepts the purposes and manner described herein in which his personal details will be processed. The Driver may access, update, modify and delete his details provided upon creation of his Account. It is the responsibility of the Driver to keep the details supplied updated.

The Data Controller of the Driver’s personal details is the Fleet Manager as person responsible for the Fleet of Vehicles in which the eTRUCK devices are installed and as holder of the Fleet Contract.

The details and contacts of the Fleet Manager, as Data Controller, are included in the invitation e-mail for the download and use of the Driver App, indicating the Fleet ID, received by the Driver for the purpose of accessing the Driver App itself. The Data Processing Managers are:

a) TEXA SpA – Registered office Via 1 Maggio, 9 – 31050 Monastier di Treviso, Italy, phone +39 0422 791311 fax +39 0422 791300 email, with sub-delegation powers, which has been delegated by the Data Controller to provide this notice.b) The Workshop designated each time by the Fleet manager will have justification for processing the Driver’s Data for supply of Diagnostic and Management Services.

The Driver may ask the Fleet manager or TEXA for the contact information of the Workshop designated each time by the Fleet manager.

The details supplied by the Driver for using the Services shall be processed for the following purposes:

(i) fulfilments connected to supply of the Services provided in the contract through use of the App, including collection, storage of personal details for supplying Viewing, Diagnostic and Management Services
(ii) fulfilment of legal, accounting, tax, administrative and contract obligations connected with supply of the Services
(iii) actions connected to the contractual relationship aimed at improving the Services

Personal details shall be processed according to law and the principles of legality, correctness and transparency whilst safeguarding the Driver’s privacy rights. The Driver’s details will be processed with electronic instruments for ensuring maximum security and confidentiality although it can happen that details are processed manually with instruments guaranteeing security and confidentiality. The processed details are kept for the time necessary for supplying the Services properly and, except for the cases referred to in the following paragraph in relation to length of time spent on investigation or verification tasks and when processing is no longer necessary, will be deleted within a reasonable length of time (currently set to 24 months starting from termination of the Fleet Contract, if the contract itself is not renewed or the Fleet Manager does not implement the procedure to change Workshop) and in any case in compliance with the applicable legislation.

TEXA may disclose the Driver’s data to third parties used for performing instrumental or functional tasks to supply of the Services or fulfilment of legal obligations. Such entities will only be supplied information necessary for performance of the services and be obligated to take all security measures for protecting the data in compliance with applicable legislation.

The information provided for supply of the Services and using the App may be disclosed to the following persons or categories of persons:

1. police forces, armed forces and public administration for fulfilling obligations provided by law, regulations or community provisions
2. companies, entities or associations, or controlling companies, subsidiary and associated companies, in accordance with Art. 2359 Italian Civil Code, limited to the notices sent for administrative and accounting purposes
3. insurance companies for liquidation of claims

In such cases storage time could depend on the length of time spent on verification and investigation.

The Fleet manager’s details could be known by delegates of the Data Controller and by duly designated processing managers. At any rate details will not be diffused or disclosed to third parties, except where required, and within the above limits.

The Driver can choose whether or not to provide the required personal details each time, but not providing them makes it impossible to supply the Services.

For performance of some Diagnostic Services for which it is necessary or better for the Workshop to know the Vehicle’s location for carrying out the intervention, the Driver can at his discretion share location information with the Workshop by activating the relevant options of the App and Smartphone. Location information shall be obtained only: (i) if the Driver activates the location function in the privacy settings of his Smartphone connected to the eTRUCK Device; (ii) if the Driver accepts location data sharing in the App The eTRUCK devices will not send any location data via the Smartphone apart from the above. Obtaining location data in the manner specified in the document entitled “TEXA eTRUCK General Terms of Use of the Driver App” will only allow the Workshop to know the exact location of the Vehicle. As Data Controller location data will be accessible to the Fleet manager when shared with the Workshop. In no case does sharing location data allow for tracking the route travelled by the Vehicle or Driver. Location information shall only be processed for performing the Services.

The Driver may contact the Data Controller any time to assert his rights provided by applicable provisions and to ask him for the names of the data processing managers appointed for processing his details.

Below is the text of Art. 7 of Italian Legislative Decree 196 of 2003 concerning the rights of the data subject:
“Legislative Decree No. 196 of 2003 Art. 7 – Right to Access Personal Data and Other Rights

The data subject is entitled to obtain confirmation as to the existence of his or her personal data, even if not yet recorded, and receive them in an easy to understand manner.
The data subject has the right to receive the following information:

a. The source of personal details
b. Processing purposes and methods
c. The logic applied in the event electronic instruments are employed for processing
d. Identifying details on the data controller, processing managers and the designated agent pursuant to the 2nd paragraph of article 5
e. The individuals or groups of individuals to whom or which the personal details may be disclosed and who or which may get to know said data in their capacity as designated representative, manager or delegate in Italy.

The data subject is entitled to obtain:

a. Update, correction or, when interested, integration of his or her details
b. Cancellation, transformation into anonymous form, blocking of data processed against the law, including data whose continued storage is unnecessary for the purposes for which they were collected or processed
c. Confirmation that the people to whom the data has been transmitted or disclosed have been informed of the operations stated in letters a) and b) and their content, unless the fulfilment of this right is impracticable or requires procedures which are clearly out of proportion to the said right.

The data subject has the right to fully or partially object:

a. to processing of his or her personal details for justified reasons, even when it is pertinent to the purpose of collection
b. to the processing of personal data concerning him/her where it is carried out for the purpose of sending advertising materials or direct selling or for the performance of market or commercial communication surveys.